Posted the: 2014-11-26 Numac: 2014015209 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE May 15, 2014. -Law approving the framework partnership and cooperation agreement between the European Union and its Member States, on the one hand, and the Mongolia, on the other hand, done at Ulaanbaatar April 30, 2013 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the framework of partnership and cooperation agreement between the European Union and its Member States, on the one hand, and the Mongolia, other part, done at Ulaanbaatar on 30 April 2013, comes out full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on May 15, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister for Foreign Affairs, international trade and European Affairs, D. REYNDERS sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) References parliamentarians Senate (www.senate.be): Documents: 5-2496 annals of the Senate: 27/03/2014 House of representatives (www.lachambre.be): Documents: complete record 53-3504: 2014-04-23.
(2) see the Decree of the Flemish Community / Flemish region April 4, 2014 (Moniteur belge of 8 August 2014), the Decree of the French community of 11 April 2014 (Moniteur belge of 26 May 2014), the Decree of the German-speaking community of May 6, 2014 (Moniteur belge of 11 June 2014), the Decree of the Walloon Region from April 28, 2014 (Moniteur belge of 27 May 2014) the order of the Brussels-Capital Region from April 3, 2014 (Moniteur belge of May 13, 2014 (Moniteur belge of May 13, 2014) and the order of the Community Board municipality of the Brussels-Capital Region from May 16, 2014 (Moniteur belge of 16 June 2014).
Framework agreement of partnership and cooperation between the Union and its Member States, of one part, and the Mongolia, on the other hand the UNION European, hereinafter referred to as '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 to the Treaty on the functioning of the Union European hereinafter referred to as 'Member States', of one part, and the Government of Mongolia, hereinafter referred to as "Mongolia", on the other hand, jointly hereinafter, "parties", whereas the relations traditional friendship between them as well as historical, political and narrow economic between them;
Having regard to the particular importance they attach to the comprehensive nature of their mutual relations;
Whereas, for them, this agreement is part of a broader and more coherent relationship agreements to which they contribute both;
Reaffirming their commitment to the respect for democratic principles, the rule of law, human rights, fundamental freedoms, including the rights of persons belonging to minorities, such as include, among others, in the United Nations Charter and the Universal Declaration of the rights of man of the General Assembly of the United Nations and other relevant international instruments of human rights , as well as their willingness to strengthen this commitment;
Reaffirming their commitment to the principles of the rule of law, the respect for international law, good governance and the fight against corruption, as well as their willingness to promote the economic and social advancement of their populations, taking into account the principle of sustainable development and environmental protection requirements;
Reaffirming their desire to improve their cooperation, based on shared values;
Reaffirming their commitment to promote the economic and social advancement of their populations, taking into account the principle of sustainable development in all its dimensions;
Reaffirming their commitment in favour of peace and international security as well as for effective multilateralism and for a peaceful settlement of disputes, including by cooperating, to this end, in the context of the United Nations;
Reaffirming their desire to improve cooperation on political and economic issues as well as international stability, justice and security as preconditions for the purposes of promoting sustainable socio-economic development, poverty eradication and the achievement of the Millennium development goals;
Whereas terrorism as a threat to the security world and eager to intensify their dialogue and their cooperation in the fight against terrorism, in accordance with the relevant instruments of the United Nations Security Council, including resolution 1373 of UNSC. The European security strategy, adopted by the European Council of December 2003, considers terrorism as a major threat to security. In this regard, the European Union has implemented key measures, including a plan of action for combating terrorism, adopted in 2001 and updated in 2004, as well as a declaration on the fight against terrorism, of 25 March 2004, in the aftermath of the Madrid bombings. The European Union also adopted, in December 2005, an EU strategy to combat terrorism;
EXPRESSING their total commitment to prevention and the fight against all forms of terrorism and the intensification of cooperation in this field, as well as the fight against organised crime;
Reaffirming that effective measures to combat terrorism and the protection of human rights are complementary and mutually reinforcing;
Reaffirming that the most serious crimes affecting the international community must not remain unpunished and should be effectively pursued through the adoption of measures at the national level and cooperation at the global level;
WHEREAS the establishment and functioning of the International Criminal Court constitute an important step for peace and international justice and the Council of the European Union adopted on June 16, 2003, a common position on the ICC which was followed by an action plan, adopted on 4 February 2004;
CONSIDERING that the proliferation of weapons of mass destruction and their means of delivery is a serious threat for security international and eager to strengthen their dialogue and their cooperation in the matter. The adoption by consensus of resolution 1540 of the UN Security Council (2004) is the basis of the commitment undertaken by the whole of the international community to combat the proliferation of weapons of mass destruction. The Council of the European Union adopted, on 17 November 2003, an EU policy aimed at integrating the policies of non-proliferation in the context of the relations of the EU with third countries. December 12, 2003, the European Council also adopted a strategy to combat proliferation;
WHEREAS the European Council pointed out that arms (SALW) constitute an increasing threat to peace, security and development and that it has adopted, on 13 January 2006, a strategy to combat the illicit accumulation of SALW and their ammunition. In this strategy, the European Council stressed the need to ensure a coherent and global security and development policy approach
EXPRESSING their total commitment to the promotion of sustainable development in all its dimensions, including the protection of the environment and effective cooperation in the fight against climate change and food security as well as promoting and in implementing effective social standards and labour standards recognised at international level;
Stressing the importance to deepen their relations and their cooperation in such areas as the readmission, asylum and visa policy, and to tackle the phenomena of migration and trafficking in persons jointly;
Recalling the importance of trade for their bilateral relations and particularly exchanges of raw materials, and stressing their commitment to agree on specific rules for substances first under the Sub-Committee on trade and investment;
Noting that the provisions of this agreement that fall within 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 members of the Union European, unless the Union European and the United Kingdom or the Ireland notify jointly the Mongolia that the United Kingdom or the Ireland are linked as members of the Union European , in accordance with the
Protocol No 21 on the position of the United Kingdom and Ireland with respect to the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the functioning of the European Union. If the United Kingdom or the Ireland cease to be associated as members of the European Union, in accordance with article 4bis of the Protocol No 21, the European Union and the United Kingdom and/or the Ireland shall inform immediately the Mongolia of any change in their position, and in such cases, they remain bound by the provisions of the agreement as the parties. The same provisions apply to Denmark, in accordance with the Protocol on the position of the annex Denmark treated said.
CONFIRMING their commitment to strengthening existing relationships to improve the cooperation between them and their willingness to consolidate, deepen and diversify their relations in areas of mutual interest on the basis of the principles of equality, non-discrimination and mutual benefit, have agreed the following provisions: chapter I NATURE and scope ARTICLE 1 General principles 1. Respect for democratic principles and human rights, enshrined in the Universal Declaration of human rights and in other relevant international instruments on human rights, and the principles of the rule of law underpins policy domestic and international of both parties and constitutes an essential element of this agreement.
2. the parties confirm their shared values expressed in the Charter of the United Nations.
3. the parties confirm their commitment to promoting sustainable development in all its dimensions, to cooperate in meeting the challenges of climate change and globalization and to contribute to the achievement of the development goals adopted at the international level, including the Millennium development goals. The parties reaffirm their commitment to a high level of environmental protection and universal social structures.
4. the parties reaffirm their commitment to the Paris declaration of 2005 on aid effectiveness and agree to strengthen cooperation to improve outcomes in the field of development.
5. the parties reaffirm their commitment to the principles of good governance, including the independence of the judiciary, and the fight against corruption.
ARTICLE 2 objectives of cooperation to strengthen their bilateral relations, the parties are committed to a comprehensive dialogue and to further cooperation in all areas of common interest. Their efforts will aim in particular to: has) set up cooperation on political and economic issues in all regional and international organizations and bodies competent;
(b) cooperation in the fight against serious crimes of international concern;
(c) establish cooperation in the fight against the proliferation of weapons of mass destruction and small arms and small arms;
(d) to develop trade and investment between the parties to their mutual advantage; establish cooperation in all areas of common interest related to trade and investment in order to facilitate the flow of trade and investment and to prevent and remove barriers to trade and investment;
(e) cooperation in the field of justice, freedom and security, particularly when it comes to the rule of law and the legal cooperation, data protection, migration, smuggling and trafficking in human beings human, the fight against organized crime, terrorism, transnational crime, money laundering and illicit drugs;
(f) establish cooperation in all other sectors of common interest, in particular the macro-economic policy and financial services, taxation and customs, including good governance in the tax area, industrial policy and small and medium-sized businesses (SMEs), the information society, audiovisual and media, science and technology, energy, transport, education and culture , the environment and natural resources, agriculture and rural development, health, employment and Social Affairs, and statistics;
(g) encourage the participation of the two parties to regional and subregional cooperation programmes open to the participation of the other party;
(h) strengthen the role and the image of each of the parties in the region.
(i) promote interpersonal understanding through cooperation between different non-governmental entities such as think tanks, universities, civil society and the media, through the Organization of seminars, conferences, youth exchanges and other activities;
(j) promote the eradication of poverty in the context of sustainable development and the gradual integration of the Mongolia in the world economy.
ARTICLE 3 fight against the proliferation of weapons of mass destruction and their means of delivery 1. The parties consider that the proliferation of weapons of mass destruction and their means of delivery, both non-State actors, constitutes one of the most serious threats to international stability and security.
2. the parties therefore agree to cooperate and to contribute to the fight against the proliferation of weapons of mass destruction and their delivery systems fully respecting and implementing at the national level the obligations imposed on them currently under the international treaties and agreements on disarmament and non-proliferation, as well as other relevant international obligations including resolution 1540 of the United Nations Security Council. They agree that this provision constitutes an essential element of the agreement.
3. the parties also agree to cooperate and to contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery:-taking action to sign or to ratify all other international instruments in this field, or accede to, as appropriate, and implement them fully;
-developing an effective system of national export controls which enables to control exports and transit of goods related to weapons of mass destruction, as well as the end-use of dual-use technologies and which provide effective sanctions for breach of the export control regime.
4. the parties agree to establish a regular political dialogue that will accompany and consolidate these elements. It can take place on a regional basis.
ARTICLE 4 of small and light weapons caliber 1. The parties acknowledge that the manufacture, transfer and the movement of illicit arms and light weapons and small arms, including their ammunition, as well as excessive accumulation, poor management, inadequately secured stockpiles and uncontrolled weapons spread, continue to pose a serious threat to the peace and security international.
2. the parties agree to observe and to fully perform their respective obligations in the fight against the illicit trade in small arms and light weapons, including their ammunition, in accordance with existing international agreements and resolutions adopted by the United Nations Security Council, as well as the commitments to which they have subscribed under other applicable international instruments in this area such as the programme of action of the Nations United to prevent, combat and eradicate the illicit trade in SALW in all its aspects.
3. the parties undertake to cooperate and to ensure coordination, complementarity and synergy of the efforts they are making to combat the illicit trade in small arms and light weapons, including their ammunition, at the global, regional, subregional and national level and agree to establish a regular political dialogue that will accompany and consolidate this commitment.
ARTICLE 5 Serious Crimes of international concern (the International Criminal Court) 1.
The parties reaffirm that the most serious crimes affecting the whole of the international community must not remain unpunished and that their repression must be effectively ensured by taking measures at the national and international levels as appropriate, including at the level of the International Criminal Court.
They consider that the establishment of an efficient functioning of the International Criminal Court represents an important development for peace and justice in the world.
2. the parties agree to cooperate and take measures, if it is necessary, in order to fully support the universality and the integrity of the Statute of Rome and related instruments, and also agree to strengthen their cooperation with the ICC. They undertake to implement the Rome Statute and to take the necessary measures to ratify the related instruments (such as the agreement on the privileges and immunities of the ICC).
3. the parties acknowledge the beneficial character of a dialogue on this subject.
ARTICLE 6 Cooperation in the fight against terrorism 1. The parties, reaffirming the importance of the fight against terrorism and in accordance with the international conventions in force, particularly with regard to international humanitarian law and international law
the rights of man, as well as in accordance with their legislation and respective regulations, and taking into account the global strategy of Nations against terrorism, adopted by the General Assembly of the United Nations in its resolution 60/288 of 8 September 2006, agree to cooperate in the prevention and eradication of terrorist acts.
2. the parties shall cooperate including: has) in the context of the implementation of resolutions 1373 and 1267 of the Security Council and United Nations resolutions which have succeeded, including the 1822 resolution, as well as other relevant United Nations resolutions, and the respective obligations imposed on them under other conventions and relevant international instruments;
(b) through an exchange of information on terrorists, terrorist groups and their support networks, in accordance with international and national law;
(c) by Exchange of views on means and methods used to fight against terrorism, in particular on technical and training, and by Exchange of experiences in the field of the prevention of terrorism;
(d) deepening the international consensus on the fight against terrorism, including in regard to the legal definition of terrorist acts, and working in particular to the development of an agreement on the comprehensive convention on international terrorism;
(e) sharing best practices for the protection of the rights of man in their fight against terrorism;
(f) through the effective implementation and the development of their cooperation in the fight against terrorism within the framework of ASEM.
Title II bilateral COOPERATION, regional and international ARTICLE 7 Cooperation between the Mongolia and the EU on the principles, rules and standards 1.
The parties agree to ensure the application of the principles, rules and standards common European in Mongolia and to cooperate in the development of the exchange of information and the sharing of experiences with a view to their introduction and implementation.
2. the parties shall endeavour to strengthen dialogue and cooperation between their authorities with regard to issues of standardization which may include, as agreed by the parties, the creation of a framework for cooperation that will facilitate the exchange of information and know-how experts.
ARTICLE 8 Cooperation in regional and international organizations 1. The parties undertake to exchange views and cooperate in forums and international and regional organizations such as the United Nations and the agencies, programmes and bodies of the United Nations, l'Organisation mondiale du commerce (OMC), the Treaty of Amity and cooperation (TAC) and the Asia-Europe Summit (ASEM).
2. the parties also agree to promote cooperation in the fields covered by this agreement between think tanks, universities, non-governmental organizations and media. This cooperation may include the Organization of programs of training, workshops and seminars, exchanges of experts, studies and other actions agreed by the parties.
ARTICLE 9 regional and bilateral Cooperation 1. For each area of dialogue and cooperation under this agreement, while properly focusing on the issues of bilateral cooperation, the two parties agree to carry out the relevant activities at the bilateral or regional level or a combination of the two frameworks. For the choice of the appropriate framework, they strive to optimize the impact on all stakeholders and strengthen the participation of the latter while using the best available resources, taking into account the political and institutional feasibility and ensuring coherence with other activities involving the Union European and other partners of ASEM.
2. the parties may, where appropriate, decide to extend their financial support to the activities of cooperation in the fields covered by the agreement or thereto, in accordance with their respective financial resources and procedures.
Title III COOPERATION in the field of the sustainability ARTICLE 10 General principles 1.
The development cooperation has main objective the reduction of poverty in accordance with the Millennium development goals in the context of sustainable development and integration in the global economy. The parties agree to hold a regular dialogue on cooperation for development, in accordance with their priorities and areas of mutual interest.
2. strategies for cooperation in the development of the parties include: a) to the promotion of human and social development;
b) to achieve an economic growth;
c) to promote sustainable management and regeneration of the environment, as well as good practices in this area and the preservation of natural resources;
(d) to prevent the consequences of climate change and to deal;
(e) to support policies and instruments aimed at greater integration into the world economy and the international trading system;
(f) to develop processes comply with the principles of the Paris declaration on the effectiveness of aid, the programme of action of Accra and other international commitments taken to improve the provision and the effectiveness of the aid.
SECTION 11 economic development 1. The parties aim to work towards balanced economic growth and a reduction of poverty and socioeconomic disparities.
2. the parties confirm their commitment to the achievement of the Millennium development goals and should reaffirm their commitment to the principles of the Paris declaration on aid effectiveness.
3. the agreement should also aim to include commitments regarding the social and environmental aspects of trade, reconfirming that trade should promote sustainable development in all its dimensions and the analysis of their economic, social and environmental effects.
ARTICLE 12 social development 1. The parties intend to stress the need for mutually reinforcing social and economic policies, highlight the essential role played by the creation of decent jobs and undertake to strengthen social dialogue.
2. the parties shall endeavour to contribute to the effective application of fundamental standards of the work of the international organization of labour (ILO) and to strengthen cooperation on employment and social issues.
3. the parties seek, in addition, to promote policies to ensure the supply of the population food and food for livestock, in ways that are sustainable and environmentally friendly.
ARTICLE 13 environment 1. The parties reaffirm the need for a high protection of the environment and conservation and management of natural resources and biodiversity, including forests, in the perspective of sustainable development.
2. the parties aim to work towards the ratification, implementation and compliance with multilateral agreements in the field of the environment.
3. the parties shall endeavour to strengthen cooperation with regard to global environmental issues, especially climate change.
Title IV COOPERATION in trade and investment ARTICLE 14 General principles 1. The parties engage in a dialogue on bilateral and multilateral trade and related issues to enhance their bilateral trade relations and to advance the multilateral trading system.
2. the parties undertake to promote the development and diversification of their reciprocal commercial exchanges at the highest level possible and to their mutual advantage. They undertake to improve the conditions of access to the market by supporting the removal of barriers to trade, including by removing, in a timely manner, nontariff barriers and taking measures to improve transparency, taking into account the work done by international organizations in this field.
3. Recognizing that trade plays an indispensable role in the development and that assistance in the form of trade preferences schemes proved to be beneficial for developing countries, the parties shall endeavour to intensify consultations on this assistance in full respect of the rules of the WTO.
4. the parties shall keep informed of developments exchanges and policies related to trade such as agricultural policy, food security policy, consumer protection policy and environmental policy.
5. the parties shall encourage dialogue and cooperation to enhance their trade and investment relations and including finding solutions to trade problems, inter alia in the fields referred to in articles 10 to 27.
ARTICLE 15 (sanitary and phytosanitary SPS) issues 1. The parties shall cooperate on food safety and sanitary and phytosanitary issues to protect the health and life of people, fauna and flora on their territory.
2. the parties discuss and exchange information on measures introduced respectively and prescribed by the agreement of the World Trade Organization (WTO) on the application of sanitary and phytosanitary measures (SPS Agreement), the international convention for
the protection of plants (IPPC), the world Organization of the animal health (OIE) and the Commission of the Codex Alimentarius Commission (Codex).
3. the parties agree to improve their cooperation and their mutual understanding on SPS issues and animal welfare. This capacity-building will be adapted to the needs of each party and will assist them to comply with the legal framework on the other.
4. the parties shall, in due time, a dialogue on sanitary and phytosanitary issues on request of one or other of them to address sanitary and phytosanitary matters or other urgent matters provided for in this article.
ARTICLE 16 technical barriers to trade (TBT) the parties contribute to promote the use of international standards, shall cooperate and exchange information on standards, conformity assessment procedures and technical regulations, particularly in the context of the WTO agreement on technical barriers to trade (TBT Agreement).
SECTION 17 Customs Cooperation 1. The parties shall particularly to strengthen the safety and security of international trade dimension, including transport services, to improve the effectiveness of customs measures to enforce intellectual property rights and to ensure a balanced approach between facilitation of trade and fight against fraud and irregularities.
2. without prejudice to other forms of cooperation provided for in this agreement, the parties affirm the interest in the possibility, in future, to conclude memoranda of customs cooperation and mutual assistance, within the institutional framework laid down by this agreement.
ARTICLE 18 the parties Trade Facilitation share experiences and examine the possibilities for simplification of the procedures for import, export, transit and other customs regimes, improve the transparency of customs and trade regulations, introduce customs cooperation as well as effective mechanisms for administrative assistance and seek also a convergence of views and joint action in the context of relevant international initiatives including the facilitation of trade.
ARTICLE 19 investment the parties shall promote a flow of investment more important through the development of an attractive and stable environment for investment mutual through a coherent dialogue to improve understanding and cooperation on investment issues, to explore some administrative mechanisms to facilitate investment flows and to promote regulation of the investment stable, transparent, open and non-discriminatory.
ARTICLE 20 competition policy parties contribute to promote the establishment and effective enforcement of competition rules, as well as the dissemination of information in order to foster transparency and legal certainty for undertakings operating on their respective markets. They should exchange information on the issues related to anti-competitive practices likely to have negative effects on bilateral trade and investment flows.
ARTICLE 21 Services the parties shall establish a coherent dialogue aimed to exchange information on their regulatory respective environments, to promote access to their respective markets and sources of capital and technology, as well as to promote trade in services between the two regions and on third country markets.
ARTICLE 22 capital movements the parties are working to facilitate capital flows in order to contribute to the objectives of the agreement.
ARTICLE 23 public procurement the parties shall endeavour to adopt rules of procedure, which provide particular transparency and appropriate dispute clauses to contribute to the implementation of an efficient procurement mechanism to optimize the use of resources in the procurement and facilitating international trade.
The parties are working to obtain a reciprocal opening of their government procurement, with a view to mutual benefit.
ARTICLE 24 transparency the parties recognize the importance of transparency and the rule of law in the administration of their laws and regulations in the commercial field, and in this regard reaffirm their commitment to the provisions of article X of the GATT 1994 and article III of the GATS.
ARTICLE 25 raw material 1. The parties agree to strengthen their cooperation and to develop mutual understanding in the field of raw materials.
2. this cooperation and the promotion of mutual understanding will focus on topics such as the regulatory framework governing the sector of raw materials (including the good governance of mining revenues for socio-economic development, and regulations relating to the protection of the environment and safety in the mining and raw materials sectors) and trade of raw materials. Each party may request, in order to promote greater cooperation and mutual understanding, the organisation of ad hoc meetings on raw materials.
3. the parties recognize that a transparent, non-discriminatory environment not creating distortions and based on rules is the best way to create an environment conducive to foreign direct investment in the production and trade of raw materials.
4. the parties, taking into account their policies and respective economic objectives, and seeking to promote exchanges, agreed to advance cooperation at the level of the removal of barriers to trade in raw materials.
5. at the request of one or other of the parties, questions concerning the exchange of raw materials can be raised and discussed during the meetings of the Joint Committee and the Subcommittee, which will be empowered, in accordance with article 56, to adopt decisions in this matter following the principles laid down in the preceding paragraphs.
ARTICLE 26 regional policy the parties shall promote the regional development policy.
ARTICLE 27 Protection of intellectual property 1. The parties reaffirm the importance they attach to the protection of intellectual property rights and undertake to take the necessary measures to ensure protection and respect appropriate and effective of these rights, in particular to combat violation of intellectual property rights.
In addition, the parties agree to conclude, as soon as possible, a bilateral agreement on geographical indications.
2. the parties shall exchange information and experiences on issues related to the implementation, promotion, dissemination, streamlining, management, harmonisation, protection and effective enforcement of intellectual property rights, the prevention of the violation of these, the fight against counterfeiting and piracy, including through customs cooperation and other suitable forms of cooperation as well as to the creation and strengthening of organizations control and protection of these rights. They shall assist each other in order, firstly, to improve the protection, use and commercialization of intellectual property from the European experience, and to increase the dissemination of knowledge on the subject.
ARTICLE 28 Sub-Committee on trade and investment 1. A Sub-Committee on trade and investment is established.
2. the Subcommittee assists the Board in the performance of its tasks, dealing with all the areas covered by the present chapter.
3. the Sub-Committee shall adopt its rules of procedure.
Title V COOPERATION in the field of JUSTICE, of the freedom and the security ARTICLE 29 statement of law and legal cooperation 1. In their cooperation on justice, freedom and security, the parties agree a particular importance to the consolidation of the rule of law and the strengthening of institutions at all levels, in the areas of the implementation of the act as well as the administration of justice, in particular.
2. cooperation between the parties will also include the exchange of information relating to the legal systems and legislation. The parties shall endeavour to provide mutual legal assistance within the existing legal framework.
ARTICLE 30 Protection of personal data 1. The parties agree to cooperate to increase the level of protection of the personal data taking into account the highest international standards, including those contained in the guidelines of the United Nations for the regulation of computerised records of personal data (resolution 45/95 of 14 December 1990 United Nations General Assembly).
2. cooperation on personal data protection may, inter alia, include technical assistance in the form of an exchange of information and expertise.
ARTICLE 31 Cooperation in the field of migration 1. The parties shall establish cooperation aimed at preventing illegal immigration and the illegal presence of their nationals in their respective territories.
2. within the framework of their cooperation to prevent illegal immigration, the parties agreed to
readmit their nationals who do not fulfil or no longer fulfil the conditions for entry, presence or residence in the territory of the other party as soon as possible.
To this end, they provide their nationals appropriate identity documentation. When the person to be readmitted possesses no document or other evidence of nationality, diplomatic and consular representations relevant to the Member State concerned or the Mongolia shall, at the request of the Mongolia or the Member State concerned, arrange to speak with that person in order to establish his nationality.
3. the EU fournra financial assistance for the implementation of this agreement by using appropriate bilateral cooperation instruments.
4. the parties agree to negotiate, at the request of one or other of the parties, an agreement between the EU and the Mongolia governing specific obligations their obligations for the readmission of their respective nationals and with an obligation of readmission of nationals of other countries and stateless persons.
ARTICLE 32 Cooperation in the fight against illicit drugs 1. The parties shall cooperate to ensure a balanced approach through effective coordination between competent authorities, particularly in the areas of health, justice, customs and the Interior as well as in other relevant areas, to reduce supply, trafficking and demand for illicit drugs, and in respect for human rights. This cooperation also aims to alleviate the damage caused by drugs, to tackle the production, traffic and use of synthetic drugs and to more effectively prevent the diversion of chemical precursors used in the illicit manufacture of narcotic drugs and psychotropic substances.
2. the parties agree on the modalities of cooperation to be implemented to achieve these goals. Actions are based on common principles under the relevant international conventions, the political declaration and the special declaration on the guidelines to follow to reduce the demand for narcotic drugs, approved by the twentieth special session of the General Assembly of the United Nations on drugs, in June 1998, and the political declaration and the plan of action, adopted at the 52nd session of the commission on Narcotic Drugs of the United Nations , in March 2009.
3. cooperation between the parties includes a technical and administrative assistance, including in the following areas: development of legislation and national policies, establishment of institutions and information centres, support the efforts made by the society on drugs and efforts to reduce the demand for these drugs and damage caused by them, training of personnel; research into drugs and prevention of the diversion of precursors used in the illicit manufacture of narcotic drugs and psychotropic substances. The parties may agree to include other areas.
ARTICLE 33 Cooperation in the fight against organized crime and corruption the parties agree to cooperate to combat organised economic and financial crime, as well as against corruption. This type of cooperation aims, inter alia, to implement and promote the standards and the relevant international instruments, such as the United Nations convention against transnational organized crime and its additional protocols, and the United Nations convention against corruption.
ARTICLE 34 Cooperation in the fight against money laundering and the financing of terrorism 1. The parties agree to the need to work and cooperate to prevent their financial systems and activities and designated occupations of the non-financial sector being used for money laundering from criminal activities such as drug trafficking and corruption.
2. the two parties agree to promote the actions of technical and administrative assistance relating to the development and implementation of regulations and the improvement of the functioning of mechanisms to fight against money-laundering and the financing of terrorism. The cooperation will enable exchanges of useful information in their respective legislative frameworks and the adoption of appropriate standards to combat against money laundering and the financing of terrorism, equivalent to those adopted by the Union and international bodies active in this field, ctels as the financial action task (force FATF).
Title VI COOPERATION in other areas ARTICLE 35 Cooperation 1 human rights. The parties agree to cooperate in the promotion and effective protection of the human rights, including the ratification and implementation of international instruments for the defence of human rights.
2. this cooperation may, inter alia, cover: a) support the development and implementation of a national action plan on human rights;
b) the promotion of human rights and awareness of this issue;
c) the strengthening of national and regional institutions responsible for human rights;
(d) the establishment of a diverse dialogue and quality on human rights);
(e) the strengthening of cooperation within the institutions of the United Nations working in favour of human rights).
ARTICLE 36 Cooperation in financial services 1. The parties agree to bring their rules and common standards and to strengthen cooperation in order to improve the accounting systems of supervision and regulation in the areas of Bank and insurance as well as in other segments of the financial sector.
2. the parties shall cooperate in the implementation of the legal framework, infrastructure and human resources as well as the introduction of corporate governance and accounting standards in the capital market Mongolian, in the context of their bilateral cooperation in accordance with the memorandum of understanding on commitments in financial services, concluded in the context of the WTO and the GATS.
ARTICLE 37 Dialogue on economic policy 1. The parties agree to cooperate in the promotion of the exchange of information on their respective economic policies and trends, and the sharing of experiences related to the coordination of economic policies in the context of cooperation and economic integration regional.
2. the parties shall endeavour to deepen the dialogue between their respective authorities on economic issues agreed by them, particularly in the areas of monetary policy, fiscal policy, including the taxation of businesses, public finance, macroeconomic stabilization and foreign debt.
3. the parties shall cooperate and develop mutual understanding in the area of economic diversification and industrial development.
ARTICLE 38 good governance in the tax area to strengthen and develop economic activities while taking account of the need to develop an appropriate regulatory framework, the parties acknowledge and agree to apply the principles of good governance in the tax area to which Member States have subscribed at the level of the Union. To this effect, without prejudice to the powers of the Union and the Member States, they improve international cooperation in the field of taxation, facilitate the perception of legitimate tax revenues and implement measures for the proper implementation of the above principles.
ARTICLE 39 industrial policy and cooperation between SMEs
The parties, taking into account their policies and respective economic objectives, are suitable to stimulate industrial policy cooperation in all fields as they deem appropriate, to improve the competitiveness of small and medium enterprises, inter alia, in the following manner: has) by exchanging information and sharing experiences on the creation of favourable conditions for the improvement of the competitiveness of small and medium-sized enterprises;
(b) promoting contacts between economic operators, joint investments and joint ventures, as well as the information networks, including through existing horizontal programmes of the European Union, by stimulating, in particular, technology transfer and know-how between partners;
(c) by providing information, by stimulating innovation and sharing good practices in access to finance, especially for small and micro-enterprises;
d) by facilitating and supporting relevant activities identified by their respective private sectors;
e) promoting decent work, social responsibility of companies and their obligation of accountability and by encouraging sustainable business practices responsible, notably regarding consumption and production. This cooperation also takes into account the dimension consumption, as regards for example information about products or the role of consumers in the market;
(f) by research projects common in specific industrial sectors and by cooperation, on standards and technical regulations and conformity assessment procedures terms agreed by common accord;
(g) providing information on the techniques of upgrades of wastewater from tanneries; edit
h) by exchanging information and recommending partners and opportunities for cooperation in the field of trade and investment through existing networks accessible to both parties;
(i) supporting cooperation between their private businesses, in particular SMEs;
(j) in considering to negotiate an additional agreement on the exchange of information, workshops on strengthening cooperation and other promotional events between SMEs of both parties;
(k) providing information on technical assistance for exports of food and agricultural products to the European market under the preferential regime applied by the European Union.
ARTICLE 40 tourism 1. Under the Global Code of ethics for tourism of the world Organization of tourism and sustainability principles based on the 'local Agenda 21 process', the parties seek to improve the exchange of information and to establish good practices in order to ensure a balanced and sustainable tourism development.
2. the parties agree to intensify their cooperation to safeguard and optimize the potential of the natural and cultural heritage, mitigating the negative impacts of tourism and increase the positive contribution of tourism industry to the sustainable development of local communities, inter alia, by the promotion of eco-tourism, respect for the integrity and the interests of indigenous and local communities and the improvement of training in the tourism sector.
ARTICLE 41 1 information society. Recognizing that information and communication technologies are fundamental elements of modern life and are essential for socio-economic development, the parties shall endeavour to exchange their views with regard to their respective policies to support economic development.
2. cooperation in this field is focused, inter alia, on: has) participation in regional dialogue deepened on the different aspects of the information society, in particular policies and regulations on electronic communication, including universal service, individual licences and general authorisations, the protection of privacy and personal data, as well as the independence and effectiveness of the supervisory authority;
b) interconnection and interoperability of networks and services of the parties and Asia;
c) standardization and dissemination of new information and communication technologies;
(d) the promotion of research cooperation between the parties in the field of information and communication technologies;
(e) cooperation on digital television, including an exchange of experiences on the deployment, the regulatory aspects and in particular spectrum management and research;
(f) cooperation in joint research projects in the field of information and communication technologies);
g) aspects of information and communication technologies related to security, as well as the fight against cybercrime;
h) assessment of compliance of telecommunications, including broadcast equipment;
(i) cooperation concerning the development of networks broadband;
(j) the exchange of information on competition policy applicable to the information and communication technologies).
ARTICLE 42 the audiovisual and media the parties will promote, support and facilitront exchanges, cooperation and dialogue between their institutions and agents involved in the audiovisual and media fields. They agree to establish a regular political dialogue in these areas.
ARTICLE 43 scientific and Technological Cooperation 1. The parties agree to cooperate in the field of research and technological development (RTD) in mutual areas of interest and profit.
2. this cooperation shall be used for: has) encouraging exchanges of information and know-how in the field of science and technology, including with regard to the implementation of policies and programmes;
(b) promote research partnerships between scientific communities, the research centres, universities and companies of the parties;
(c) to promote the training and mobility of researchers;
(d) encourage the participation of their institutions of higher education, research centres and their respective businesses, including small and medium-sized enterprises in their respective programmes of RTD.
3. the cooperation may take the form of joint research and exchanges, meetings and training of researchers through Exchange and international systems of training and mobility programmes, by providing for a maximum dissemination of the results of the research, knowledge and best practices.
4. the cooperation activities are complying with laws and regulations of both parties. They are based on the principles of reciprocity, fair treatment and mutual benefit, and ensure adequate protection of intellectual property.
5. the parties agree to implement everything to raise public awareness to the opportunities offered by their respective programmes for scientific and technological cooperation.
ARTICLE 44 energy 1. The parties shall endeavour to improve cooperation in the energy sector so: has) to improve energy security, notably by diversifying energy supplies and developing new, sustainable, innovative and renewable forms of energy, including, inter alia, biofuels and biomass, wind and solar energy, and hydroelectric power generation, and support the development of appropriate strategic frameworks in order to establish conditions conducive to investments and a level of fair competition for renewable energy and their integration in the areas of action concerned;
(b) to achieve a rational use of energy at the level both of supply and demand by encouraging energy efficiency during the production, transport and distribution of energy as well as at its end use;
(c) to encourage the implementation of standards at the international level for nuclear safety, non-proliferation and safeguards;
(d) to promote sustainable transfer of technology for production and use of energy;
(e) to work to capacity-building and facilitation of investments in this area on the basis of transparent, non-discriminatory and compatible with the market rules;
2. at this end, the parties agree to promote contacts and research common to their mutual advantage, including through appropriate international and regional frameworks. Under article 43 and the conclusions of the World Summit on sustainable development (WSSD) which was held in Johannesburg in 2002, the parties emphasized the need to discuss links between the affordable access to energy services and sustainable development. These activities may be favoured by the initiative of the European Union for energy, launched at the WSSD.
3. trade in nuclear materials shall be governed by the provisions of the Treaty establishing the European Atomic Energy Community. If necessary, trade in nuclear materials is subject to the provisions of a specific agreement to be concluded between the European Atomic Energy Community and the Mongolia.
Article 45 transport 1. The parties shall endeavour to cooperate in the areas suitable for transport policy, to improve the prospects for investment and the movement of goods and passengers, to promote air safety and security to fight against piracy, to ensure the protection of the environment and to increase the efficiency of their transport systems.
2. cooperation between the parties in this sector aims to promote: a) exchange of information on their policies and practices respective transport, notably as regards the rural, urban and air transport, the logistics of transportation, the interconnection and interoperability of multimodal transport networks, as well as the management of roads, railways and at airports;
(b) matters relating to navigation by satellite, the emphasis on matters of regulatory, industrial and market development of common interest. In this respect, the European EGNOS and Galileo satellite navigation systems will be taken into account;
(c) a dialogue in the field of air transport services to investigate the possibilities to further develop relations in areas such as safety and air security, the environment, the management of air traffic, the application of the law of competition and economic regulation of the air transport sector, with a view to encourage the harmonization of regulations and the elimination of obstacles to economic activity. Should further promote cooperation projects in the field of civil aviation which are of common interest.
On this basis, the parties will consider more extensive cooperation in the field of civil aviation;
(d) the reduction of gas emissions to greenhouse in the transport sector);
(e) the implementation of standards for safety, security and environment, particularly in regard to aviation, in accordance with the relevant international conventions;
f) cooperation within the relevant international forums in order to ensure better implementation of international regulations and the goals set by this article.
ARTICLE 46 Education and culture 1. The parties agree to promote cooperation in the field of education and culture, taking due account of their diversity, in order to improve their mutual understanding and knowledge of their respective cultures. To this end, they will support and promote the activities of their cultural institutes as well as civil society.
2. the parties shall endeavour to take appropriate measures to promote cultural exchanges and develop joint initiatives in various cultural fields, including cooperation in heritage preservation, in the respect of cultural diversity.
3. the parties agree to consult and cooperate within relevant international fora, such as UNESCO, in order to pursue common objectives and promote cultural diversity and the protection of cultural heritage.
Concerning cultural diversity, they also agree to promote the ratification and implementation of the Convention by UNESCO on the protection and promotion of the diversity of cultural expressions, adopted on 20 October 2005.
4. the parties further emphasis on measures designed to create links between their respective specialized agencies and to encourage the exchange of information, know-how, students, experts, young people and young workers and technical resources, taking advantage of the facilities offered by the programmes of the Union European in Asia in the fields of education and culture , as well as the experience gained by the two parties in this area.
They agree to promote the implementation of adequate higher education programmes, such as Erasmus Mundus, to promote cooperation and the modernisation of higher education, and to encourage academic mobility.
ARTICLE 47 environment, climate change and natural resources 1. The parties agree on the need to preserve and sustainably manage natural resources and biological diversity as essential elements in the development of present and future generations.
2. the parties agree that cooperation in this field must be carried out in favour of the safeguarding and improvement of the environment, with a view to sustainable development. The conclusions of the World Summit on sustainable development and the implementation of the relevant multilateral agreements on the environment will be taken into account in all activities undertaken by the parties under this agreement.
3. the parties agree to cooperate in the field of climate change in order to adapt to the adverse effects of climate change, mitigation of greenhouse gas emissions and engage their economies on trajectories of low carbon sustainable growth. In this context, they etudiront the possibility of recourse to the mechanisms of the carbon market.
4. the parties agree to cooperate to increase the effectiveness of their trade and environmental policies and to strengthen the integration of environmental considerations in all areas of their cooperation.
5. the parties shall endeavour to continue and strengthen their cooperation in regional programmes related to the protection of the environment, particularly as regards: has) awareness of the environment and local participation, in particular of indigenous and local communities, in efforts to promote the protection of the environment and sustainable development;
(b) the fight against climate change, in particular as regards the effects on the environment and natural resources;
c) the strengthening of capacity for implementation of multilateral environmental agreements and participation in these agreements, including those relating to biodiversity, biosafety and chemical risks;
d) the promotion and dissemination of technologies, products and services respectful of the environment, including the use of environmentally friendly instruments of regulation and the environment;
e) the improvement of governance in the forestry sector, including the fight against the illegal exploitation of forests and associated trade, and the promotion of sustainable forest management;
(f) the prevention of illegal cross-border movements of solid and hazardous wastes and products of living modified organisms);
(g) improvement of the quality of ambient air, the waste management respectful of the environment, sustainable management of water resources, the management of chemical products and the promotion of the consumption and production sustainable;
h) protection and soil conservation and the sustainable use of land;
(i) the effective management of national parks and the designation and protection of areas of biodiversity and fragile ecosystems, in compliance with local and indigenous communities living in these areas or nearby).
6. the parties shall encourage mutual access to the programs that they have set up in this area, the specific manner provided in these programs: a) establishment of the monitoring of the water supply network and its modernization.
(b) introduction of desalination and water reuse techniques;
(c) development of ecotourism.
ARTICLE 48 Agriculture, livestock, fisheries and rural development the parties agree to encourage dialogue on agriculture, livestock, fishing and rural development. They will exchange information and develop their relations as regards: has) the agricultural policy and the agricultural and food prospects international in general;
b) the possibilities for simplification of trade in plants, animals, livestock on foot and their products, with a view to the development of light industries in the rural sector;
c) the welfare of the animals, including farmed;
(d) rural development policy);
(e) the exchange of experiences and cooperation networks between local officials and economic operators, in particular in areas such as research and technology transfer;
(f) sanitary and quality measures applicable to plants, animals and livestock, in particular protected geographical indications).
g) initiatives and proposals for cooperation submitted to international agricultural organizations;
(h) the development of agriculture sustainable and respectful of the environment including crop production, biofuels and transfer of biotechnology);
(i) the protection of plant species, seed technology and agricultural biotechnology);
(j) the development of databases and the network of information on agriculture and livestock);
(k) training in the agricultural and veterinary fields).
ARTICLE 49 health 1. The parties agree to cooperate in the health sector in areas such as the reform of the health care system, tackling the major infectious diseases and other threats to health, non-communicable diseases and international agreements in the field of health to improve the health conditions and the level of public health.
2. cooperation will materialize, essentially, by: a) the realization of comprehensive programs aimed at reforming the health sector, including through the improvement of health care, health services, as well as the conditions and the health information systems;
(b) the establishment of joint activities in the field of epidemiology, including collaboration on early prevention of health threats, such as avian and pandemic influenza and other major communicable diseases;
(c) the prevention and control of noncommunicable diseases, through exchange of information and good practices, the promotion of a healthy lifestyle, support of the primary determinants for health, such as food, drug addiction, alcoholism and smoking;
(d) the promotion of the implementation of international agreements in the field of health, such as the framework convention on tobacco control and the international health regulations).
ARTICLE 50 employment and Social Affairs 1.
The parties agree to strengthen cooperation in the field of employment and Social Affairs, including cooperation on social and regional cohesion, health and safety at work, gender equality and decent work, to enhance the social dimension of globalization.
2. the parties reaffirm the need to contribute to the process of globalization beneficial to all, and to promote full and productive employment and decent work as the foundations of sustainable development and poverty reduction, as established by resolution 60/1 of the General Assembly United Nations (final document of the World Summit), October 24, 2005 and the ministerial declaration of the high-level segment of the ECOSOC of the UN from July 2006 (Economic Council
(and social Nations E/2006/L.8 of July 5, 2006). The parties take into account the respective characteristics and the different nature of their socio-economic situations.
3. the parties reaffirm their commitment to respect fully and effectively implement social standards and labour law, recognized internationally such as defined, inter alia, by the ILO declaration of 1998 on the fundamental principles and rights at work and the ILO declaration of 2008 on social justice for a fair globalization. All actions undertaken by the parties under this agreement reflect the implementation of the relevant multilateral agreements in social matters and labour. The parties agree to cooperate and to provide technical assistance if necessary, to ratify and effectively implement all the ILO conventions covered by the 1998 ILO declaration and other relevant conventions.
4. cooperation may take, inter alia, the following forms: programs and projects specific, agreed to a mutual agreement, dialogue, cooperation and initiatives on topics of common interest to the bilateral or multilateral level such as the ILO.
ARTICLE 51 statistics 1.
The parties agree to promote the harmonisation of the statistical methods and practices, including the collection and dissemination of statistics, allowing them to use, on a mutually acceptable basis, statistics on the trade of goods and services and, more generally, on any other area covered by this agreement which lends itself to the collection, processing, analysis and statistical dissemination.
2. the parties agree to encourage the establishment of direct contacts between the competent authorities in sight: to strengthen friendly cooperation in the field of statistics, capacity of statistical agencies in modernizing and improving the quality of the statistical system, developing human resources, providing training in all relevant areas, and to support national statistical systems organized in accordance with established international practices including the necessary infrastructure.
3. the cooperation covers areas of mutual interest with emphasis on: i. economic statistics: a. national accounts b.
business activity and their registration v. agriculture/crop, livestock, development rural d. environment and reserves mineral e. industry f. trade of goods and services g. wholesale and retail h. political revision i trade.
Security food j. balance of payments II. social statistics: a. gender b. migration v. households III. information technology: a. exchanges of experience concerning electronic technologies and methodologies for security, protection, storage of information and protection of privacy, and introduction of these experiences (b) exchanges of experience concerning the creation of online databases for consumers from friendly sites and training in this field c.
support of computer experts from the statistical office of Mongolia during the creation of the database of information d. cooperation in commitment to users informing them on the database of ARTICLE 52 company information calendar 1.
The parties recognise the role and potential contribution of organised civil society, in particular the academic community to the process of dialogue and cooperation under this agreement and agree to promote an effective dialogue with this same organised civil society, as well as its effective participation.
2. subject to the compliance administrative and legal of each of the parties, organised civil society may: has) participate in the process of policy-making at the national level, according to democratic principles;
(b) be informed of the consultations on sectoral policies and strategies for development and cooperation, and participate, particularly in the areas that concern, at all stages of the development process;
(c) receive financial resources, insofar as the legislation of each of the parties allows, as well as assistance in building capacity in areas in difficulty;
d) participate in the implementation of cooperation programmes in areas that concern it.
ARTICLE 53 Cooperation in the modernization of the State and public administration the parties agree to cooperate in modernizing public administration.
Cooperation in this field should be: a) the improvement of organizational effectiveness;
(b) enhancing the effectiveness of the institutions at the level of the provision of services;
(c) ensuring transparent management of public finances and accountability;
(d) the improvement of the legal and institutional framework);
e) required to design capacity-building and the implementation of policies (offers services public, development and implementation of the budget, fight against corruption);
(f) the strengthening of judicial systems); and (g) the reform of the security system.
ARTICLE 54 Cooperation at the level of the management of the risk of disaster (RCMP) 1. The parties agree to strengthen cooperation at the level of the RCMP by continuing the development and implementation of measures to minimize the risk to communities and manage the consequences of natural disasters at all levels of society. Should give priority to preventive measures and a proactive approach to managing the risks and hazards by reducing natural disaster risks and exposure to them.
2. cooperation in this field should focus on the following elements of the program: a) reducing the risk of disasters and prevention and limitation of the consequences.
(b) knowledge management, innovation, research and education to build a culture of safety and resilience at all levels;
(c) natural disaster preparedness;
(d) strengthening policies and institutional capacity and seeking consensus for the management of risks;
(e) measures to be taken in the event of disaster;
(f) evaluation and control of the risks of disaster.
Title VII terms of COOPERATION ARTICLE 55 ways of cooperation and protection of financial interests 1. The parties agree, within the limits of their resources and their respective regulations, to make available appropriate, financial and other means, to enable the realization of the cooperation objectives set out in this agreement.
2. the parties agree to work towards the development and implementation of technical and administrative assistance reciprocal to the effective protection of their financial interests in the areas of development aid and other cooperation activities they finance. Respond immediately to mutual administrative assistance requests from the judicial authorities and/or the investigative units of one or other of them to improve the fight against fraud and irregularities.
3. the parties shall encourage the European Investment Bank to continue its action in Mongolia, in accordance with its procedures and the criteria for funding.
4. the parties shall establish a financial assistance in accordance with the principles of sound financial management and cooperate to protect the financial interests of the European Union and the Mongolia. They take effective measures of prevention and fight against fraud, corruption and other illegal activities, inter alia, by introducing administrative assistance and mutual legal assistance in the areas covered by this agreement. Any other agreement or instrument to be adopted by the parties must contain specific clauses concerning financial cooperation in relation to controls, inspections and audits on the spot, as well as the actions to combat fraud, among other things, those conducted by the European anti-fraud Office (OLAF).
Title VIII institutional ARTICLE 56 Joint Committee 1. The parties agree to implement under this agreement a Joint Committee consisting of representatives of both parties to a level appropriate, which will be assigned the following tasks: a) ensure the proper functioning and the proper application of this agreement;
(b) prioritize the objectives of this agreement;
(c) make recommendations for promoting the objectives of this agreement.
2. for the realization of the objectives set by this agreement, and in the cases provided by the Joint Committee and the Subcommittee set up by article 28 have decision-making power. Decisions are taken by mutual consent between the parties, after the completion of the respective internal procedures necessary to establish a position in this respect by the two parties. The decisions are binding on the parties, which are required to take the measures necessary for their implementation.
3. the Joint Committee shall normally meet annually, alternately in Ulaanbaatar, and in Brussels, at a date fixed by mutual agreement. Special sessions may also be convened by common agreement between the parties. The Chair of the Joint Committee
is exercised alternately by each of the parties. The agenda of the meetings of the Joint Committee is established by a mutual agreement between the parties.
4. the Joint Committee may create working groups to assist it in the performance of its tasks. These working groups have detailed reports of their activities to the Joint Committee at each of its meetings.
5. the parties agree to instruct the Joint Committee to also ensure the proper functioning of any agreement or sectoral memorandum or to be concluded between them.
6. the Joint Committee shall establish its internal rules.
Title IX final provisions ARTICLE 57 future developments Clause 1. The parties may by mutual consent expand this agreement in order to enhance the level of cooperation, including with agreements or protocols on areas or specific activities.
2. in the context of the application of this agreement, each of the two parties may issue suggestions to expand the scope of cooperation, taking into account the experience gained in its implementation.
ARTICLE 58 other agreements without prejudice to the provisions of the Treaty on European Union and of the Treaty on the functioning of the European Union, neither this agreement nor any action carried out in the context of the latter affect the power of Member States to undertake bilateral cooperation actions with the Mongolia or conclude, if applicable, new agreements of partnership and cooperation with that country.
This agreement does not affect the application or implementation of the commitments made by each party in its relations with third parties.
ARTICLE 59 honouring of obligations 1. Each party may refer to the Joint Committee any dispute relating to the application or interpretation of this agreement.
2. If one of the parties considers that another has breached an obligation under this agreement, it may take appropriate measures.
3. previously, it shall, except in cases of special urgency, provide all the information required for a thorough examination of the situation with a view to seeking a solution acceptable to the parties to the Joint Committee.
4. the choice of the measures must be priority on those that disturb least the functioning of this agreement. These measures shall be notified, immediately, to the other party and are the subject of consultations within the Joint Committee at the request of the other party.
5. the parties agree, for the purposes of the correct interpretation and practical application of the present agreement, that "cases of special urgency" referred to in paragraph 3 are refers to the cases of material breach of the agreement by one of the parties.
A material breach of the agreement consists of: i) repudiation of the agreement not sanctioned by the General rules of international law; or ii) a violation of the essential elements of the agreement, namely article 1, paragraph 1, and article 3.
ARTICLE 60 facilities to facilitate the cooperation under this agreement, both parties agree to provide the necessary facilities for the performance of tasks of officials and experts involved in the implementation of cooperation pursuant to the rules and internal regulations of both parties.
ARTICLE 61 territorial Application this agreement applies, on the one hand, to the territories where the Treaty on the European Union and the Treaty on the functioning of the European Union are applicable and under the conditions defined therein and, on the other hand, to the territory of the Mongolia.
ARTICLE 62 Definition of the parties for the purposes of this agreement, means "parties", firstly, the Union or its Member States or the Union and its Member States, in accordance with their respective powers, and, on the other hand, the Mongolia.
ARTICLE 63 entry into force and duration 1. This agreement shall enter into force the first day of the month following the date on which the last part has notified to the other the completion of the legal procedures necessary to this end.
2. this agreement is concluded for a period of five years. It is automatically extended for successive periods of one year unless written notice from one party to the other of its intention not to extend the agreement six months before the end of any subsequent period of one year.
3. any amendment to the present agreement is made by mutual consent between the parties. It comes into force when the parties are notified to all necessary formalities.
4. If a party is implementing a more restrictive trade regime with regard to the export of raw materials, such as the introduction of new bans or restrictions, new duties or taxes that do not meet the conditions set out in the relevant provisions of articles VIII, XI, XX or XXI of the GATT 1994, or that are not permitted by derogation of the WTO or are not accepted by the Joint Committee or the Sub-Committee on trade and the investments foreseen by article 56, than that which was in force at the date of the initialing of the agreement, the other party may adopt measures appropriate in accordance with article 59, paragraphs 3 and 4.
5. it can be terminated this agreement by one party by written notice of denunciation to the other party. The termination of the agreement shall take effect six months after the receipt of the notification by the other party.
ARTICLE 64 Notifications notifications made pursuant to section 63 are addressed respectively to the Secretary-General of the Council of the European Union and the Ministry of Foreign Affairs of Mongolia.
ARTICLE 65 text being authentic this agreement is drawn up in the languages German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Mongolian, each of these texts being equally authentic.
Done at Ulaanbaatar, on April 30, 2013.
DES ETATS LIES
Etats/ Organisation Date authentification Type
de consentement Date de consentement Entrée en vigueur locale
Belgique 30-04-2013 notification 17-07-2014
Chypre 30-04-2013 notification
tchèque 30-04-2013 notification
Allemagne 30-04-2013 notification
Danemark 30-04-2013 notification
30-04-2013 notification 14-11-2013
Espagne 30-04-2013 notification
France 30-04-2013 notification
Grèce 30-04-2013 notification
Italie 30-04-2013 notification
Lituanie 30-04-2013 notification 09-07-2014
Luxembourg 30-04-2013 notification
Malte 30-04-2013 notification Mongolia 30-04-2013 notification 28-06-2013 Netherlands 30-04-2013 notification 22-10-2013 Portugal 30-04-2013 notification Poland 30-04-2013 notification 13-06-2014 Romania 30-04-2013 notification 15-05-2014 Sweden 30-04-2013 notification Finland 30-04-2013 notification Slovenia 30-04-2013 notification Slovakia 30-04-2013 notification 24-04-2014 European Union 30-04-2013 notification