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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)

Original Language Title: Loi portant assentiment à l'Accord-cadre de partenariat et de coopération entre l'Union européenne et ses Etats membres, d'une part, et la Mongolie, d'autre part, fait à Oulan-Bator le 30 avril 2013 (1) (2)

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15 MAI 2014. - An Act to Accredit the Framework Agreement for Partnership and Cooperation between the European Union and its Member States, on the one hand, and Mongolia, on the other, made in Ulan-Bator on 30 April 2013 (1) (2)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Framework Agreement for Partnership and Cooperation between the European Union and its member states, on the one hand, and Mongolia, on the other, made in Ulan-Bator on 30 April 2013, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs, Foreign Trade and European Affairs,
D. REYNDERS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Parliamentary references
Senate (www.senate.be):
Documents: 5-2496
Annales du Sénat : 27/03/2014
House of Representatives (www.lachambre.be):
Documents: 53-3504
Full report : 23/04/2014.
(2) See the Decree of the Flemish Community/Flemish Region of 4 April 2014 (Belgian Monitor of 8 August 2014), the Decree of the French Community of 11 April 2014 (Belgian Monitor of 26 May 2014), the Decree of the German-speaking Community of 6 May 2014 (Belgian Monitor of 11 June 2014), the Decree of the Walloon Region of 28 April 2014 (Belgian Museum of 27 May 2014),

Framework Agreement for Partnership and Cooperation between the European Union and its Member States, on the one hand, and Mongolia, on the other
EUROPEAN UNION, hereafter referred to as "Union",
and
BELGIUM,
THE REPUBLIC OF BULGARIA,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
THE REPUBLIC OF ESTONIA,
IRILAND,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
LA REPUBLIQUE DE LITUANIE,
LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE REPUBLIC OF POLAND,
THE PORTUGAISE REPUBLIC,
THE ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
Contracting Parties to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, below referred to as "member States",
on the one hand, and
THE GOVERNMENT OF THE MONGOLIA, hereinafter referred to as "Mongolia",
on the other hand,
hereafter called, jointly, "parts",
CONSIDERING the traditional relations of friendship between them and the close historical, political and economic ties that unite them;
EU EGARD to the particular importance they attach to the exhaustiveness of their mutual relations;
CONSIDERING that, for them, this agreement is part of a broader and more coherent relationship, within the framework of agreements to which they both participate;
REAFFIRMING their commitment to respect for democratic principles, the rule of law, human rights, fundamental freedoms, including the rights of persons belonging to minorities, as contained, inter alia, in the Charter of the United Nations and in the Universal Declaration of Human Rights of the General Assembly of the United Nations and in other relevant international instruments concerning human rights, as well as their commitment to strengthen
REAFFIRMING their commitment to the principles of the rule of law, respect for international law, good governance and the fight against corruption, as well as their willingness to promote the economic and social progress of their populations, taking into account the principle of sustainable development and environmental protection requirements;
REAFFIRMING their desire to improve their cooperation on the basis of these shared values;
REAFFIRMING their desire to promote the economic and social progress of their populations, taking into account the principle of sustainable development in all its dimensions;
REAFFIRMING their commitment to international peace and security and to effective multilateralism and a peaceful settlement of disputes, including by cooperating, for this purpose, within the framework of the United Nations;
REAFFIRMING their desire to improve cooperation on political and economic issues as well as international stability, justice and security as prerequisites for promoting sustainable socio-economic development, poverty eradication and the achievement of the Millennium Development Goals;
CONSIDERING terrorism as a threat to global security and desiring to intensify their dialogue and cooperation in the fight against terrorism, in accordance with the relevant United Nations Security Council instruments, including UNSC resolution 1373. The European Security Strategy, adopted by the European Council in December 2003, considers terrorism as a major threat to security. In this regard, the European Union has implemented key measures, including a counter-terrorism action plan, adopted in 2001 and updated in 2004, as well as an important statement on the fight against terrorism, dated 25 March 2004, following the Madrid attacks. In December 2005, the European Union also adopted a EU strategy to combat terrorism;
Expressing their full commitment to the prevention and fight against all forms of terrorism and the intensification of cooperation in this area, as well as the fight against organized 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 should not remain unpunished and should be effectively prosecuted by the adoption of national measures and by promoting global cooperation;
CONSIDERING that the establishment and functioning of the International Criminal Court is an important step forward for international peace and justice and that the Council of the European Union adopted, on 16 June 2003, a common position on the ICC, which was followed by an action plan, adopted on 4 February 2004;
REQUESTS that the proliferation of weapons of mass destruction and their means of delivery constitutes a grave threat to international security and wishes to strengthen their dialogue and cooperation in this regard. The adoption by consensus of UN Security Council resolution 1540 (2004) is the basis for the commitment of the international community to combat the proliferation of weapons of mass destruction. On 17 November 2003, the Council of the European Union adopted a EU policy aimed at integrating non-proliferation policies within the framework of EU relations with third countries. On 12 December 2003, the European Council also adopted a strategy to combat proliferation;
CONSIDERING that the European Council has argued that small arms and light weapons (LAC) are a growing threat to peace, security and development and that on 13 January 2006, it adopted a strategy to combat the illicit accumulation of CLAs and their ammunition. In this strategy, the European Council stressed the need to ensure a coherent and comprehensive approach to security and development policy;
Expressing their full commitment to promoting sustainable development in all its dimensions, including environmental protection and effective cooperation in combating climate change and food security, as well as the effective promotion and implementation of internationally recognized social norms and labour standards;
Acknowledging the importance of deepening their relations and cooperation in areas such as readmission, asylum and visa policy, as well as addressing together migration and human trafficking phenomena;
RECALLING the importance of trade for bilateral relations, including exchanges of raw materials, and stressing their commitment to agree on specific rules for raw materials within the framework of the subcommittee on trade and investment;
NOTING that the provisions of this Agreement which fall under Part III, Title V, of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate contracting parties, not as members of the European Union, unless the European Union and the United Kingdom and/or Ireland jointly notify Mongolia that the United Kingdom or Ireland are bound as members of the European Union If the United Kingdom and/or Ireland cease to be bound as members of the European Union, in accordance with Article 4bis of Protocol No. 21, the European Union and the United Kingdom and/or Ireland shall immediately inform Mongolia of any changes in their position and, in such case, shall remain bound by the provisions of the agreement as parties. The same provisions apply to Denmark in accordance with the Danish position protocol annexed to the said treaties;
CONFIRMING their commitment to strengthening existing relations with a view to improving cooperation between them and their common will to consolidate, deepen and diversify their relations in areas of common interest on the basis of the principles of equality, non-discrimination and mutual benefit,
CONVENTS OF SUVISIONS:
PART I
NATURE AND PORTEE
ARTICLE 1
General principles
1. Respect for democratic principles and human rights, enshrined in the Universal Declaration of Human Rights and other relevant international human rights instruments, as well as the principles of the rule of law, underlies the domestic and international policies 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 promote sustainable development in all its dimensions, to cooperate in addressing the challenges of climate change and globalization and to contribute to the achievement of the internationally agreed development goals, 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 2005 Paris Declaration on Aid Effectiveness and agree to strengthen cooperation with a view to improving development results.
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
In order to strengthen their bilateral relations, the parties undertake a comprehensive dialogue and greater cooperation in all areas of common interest. In particular, their efforts will focus on:
(a) To establish cooperation on political and economic issues in all relevant regional and international forums and organizations;
(b) To establish cooperation in combating serious international crimes;
(c) To establish cooperation in combating the proliferation of weapons of mass destruction and small arms and light weapons;
(d) to develop trade and investment among parties to their mutual benefit; establish cooperation in all areas of common interest related to trade and investment in order to facilitate trade and investment flows and to prevent and remove barriers to trade and investment;
(e) establish cooperation in the field of justice, freedom and security, including in the area of the rule of law and legal cooperation, data protection, migration, illicit trafficking and trafficking in persons, combating organized crime, terrorism, transnational crime, money-laundering and illicit drugs;
(f) To establish cooperation in all other areas of common interest, in particular macroeconomic policy and financial services, taxation and customs, including good governance in the tax field, industrial policy and small and medium-sized enterprises (SMEs), information society, audiovisual and media, science and technology, energy, transport, education and culture, the environment and natural resources,
(g) promote the participation of both parties in regional and subregional cooperation programmes open to the participation of the other party;
(h) strengthen the role and image of each party in the region of the other;
(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 progressive integration of Mongolia into the world economy.
ARTICLE 3
Combating the proliferation of weapons of mass destruction and their means of delivery
1. The parties believe that the proliferation of weapons of mass destruction and their means of delivery, both to state and non-state actors, is one of the most serious threats to international stability and security.
2. The parties therefore agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery by fully and nationally complying with their obligations under international treaties and agreements on disarmament and non-proliferation, as well as other relevant international obligations, including United Nations Security Council resolution 1540. They agree that this provision is an essential element of the agreement.
3. The parties also agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery:
- taking measures to sign or ratify or accede to all other international instruments in this field, as appropriate, and to fully implement them;
- by developing an effective system of national export controls that allows for the control of exports and transit of goods related to weapons of mass destruction, as well as the final use of dual-use technologies and which provides effective sanctions in the event of violations of the export control regime.
4. The parties agree to establish a regular political dialogue that will accompany and consolidate these elements. This can take place on a regional basis.
ARTICLE 4
Small arms and light weapons
1. The parties recognize that the illicit manufacture, transfer and circulation of small arms and light weapons, including their ammunition, as well as excessive accumulation, inadequate management, insufficiently secured stocks and uncontrolled spread of such weapons, continue to pose a serious threat to international peace and security.
2. The parties agree to observe and fully implement their respective obligations to combat the illicit trade in small arms and light weapons, including their ammunition, in accordance with existing international agreements and resolutions adopted by the Security Council of the United Nations, as well as their commitments under other relevant international instruments in this field, such as the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons.
3. The parties undertake to cooperate and ensure the coordination, complementarity and synergy of their efforts to combat the illicit trade in small arms and light weapons, including ammunition, at the global, regional, subregional and national levels and agree to establish a regular political dialogue that will accompany and consolidate this commitment.
ARTICLE 5
Serious international crimes (International Criminal Court)
1. The parties reaffirm that the most serious crimes affecting the entire international community should not remain unpunished and that their repression must be effectively ensured by taking action at the national and international levels, as appropriate, including at the level of the International Criminal Court. They consider that the establishment of an effective 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 the necessary steps, as appropriate, to fully support the universality and integrity of the Rome Statute and related instruments, and also agree to strengthen their cooperation with the ICC. They undertake to implement the Rome Statute and take the necessary steps to ratify the related instruments (such as the Agreement on the Privileges and Immunities of the ICC).
3. The parties recognize the beneficial nature of a dialogue on this subject.
ARTICLE 6
Cooperation in combating terrorism
1. The parties, reaffirming the importance of the fight against terrorism and in accordance with existing international conventions, in particular with regard to international humanitarian law and international human rights legislation, as well as in accordance with their respective laws and regulations, and taking into account the United Nations Global Strategy against Terrorism, adopted by the United Nations General Assembly in its resolution 60/288 of 8 September 2006, agree to cooperate in the prevention and prevention of terrorist acts.
2. The parties cooperate, inter alia:
(a) within the framework of the full implementation of Security Council resolutions 1373 and 1267 and subsequent resolutions, including resolution 1822, as well as other relevant United Nations resolutions, and their respective obligations under other relevant international conventions and instruments;
(b) an exchange of information on terrorists, terrorist groups and their support networks, in accordance with international and national law;
(c) exchange of views on the means and methods used to combat terrorism, in particular technical and training, and exchange of experiences in the field of terrorism prevention;
(d) deepening the international consensus on combating terrorism, including the legal definition of terrorist acts, and in particular working towards the elaboration of an agreement on the general convention against international terrorism;
(e) sharing best practices in the protection of human rights in their fight against terrorism;
(f) through the effective implementation and development of their cooperation in the fight against terrorism within the framework of the ASEM.
PART II
COOPERATION BILATERALE, REGIONAL AND INTERNATIONAL
ARTICLE 7
Cooperation between Mongolia and the EU on principles, rules and standards
1. The parties agree to ensure the application of common European principles, rules and standards in Mongolia and to cooperate in the development of exchanges of information and the sharing of experiences with a view to their introduction and implementation.
2. The parties endeavour to strengthen dialogue and cooperation between their authorities with regard to standardization issues that may include, as agreed by the parties, the creation of a framework for cooperation that will facilitate the exchange of experts, information and know-how.
ARTICLE 8
Cooperation in regional and international organizations
1. The parties undertake to exchange their views and to cooperate in regional and international forums and organizations such as the United Nations, and relevant agencies, programmes and agencies of the United Nations, the World Trade Organization (WTO), the Treaty of Friendship and Cooperation (TAC) and the Asia-Europe Summit (ASEM).
2. The parties also agree to promote cooperation in the areas covered by this agreement between think tanks, universities, non-governmental organizations and the media. This cooperation may include the organization of training programs, 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 giving due attention to bilateral cooperation issues, both parties agree to carry out the activities concerned at the bilateral or regional level or by combining the two frameworks. For the choice of the appropriate framework, they strive to maximize the impact on all parties involved and to enhance their participation while making the best use of available resources, taking into account the political and institutional feasibility and ensuring coherence with other activities involving the European Union and other partners of the ASEM.
2. The parties may, as the case may be, decide to extend their financial support to cooperation activities in or relating to areas covered by the agreement in accordance with their respective financial procedures and resources.
PART III
COOPERATION IN DOMAINE
SUSTAINABLE DEVELOPMENT
ARTICLE 10
General principles
1. The main objective of development cooperation is to reduce poverty in accordance with the Millennium Development Goals in the context of sustainable development and integration into the world economy. The parties agree to hold a regular dialogue on development cooperation in accordance with their priorities and areas of mutual interest.
2. The parties ' development cooperation strategies include:
(a) promoting social and human development;
(b) To achieve sustained economic growth;
(c) to promote sustainable management and environmental regeneration, as well as good practices in this area and the preservation of natural resources;
(d) To prevent and address the consequences of climate change;
(e) support policies and instruments for greater integration into the global economy and the international trading system;
(f) to develop processes consistent with the principles of the Paris Declaration on Aid Effectiveness, the Accra Programme of Action and other international commitments to improve the delivery and effectiveness of aid.
ARTICLE 11
Economic development
1. The parties aim to work towards balanced economic growth and a reduction in poverty and socio-economic disparities.
2. The parties confirm their commitment to achieving 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 on 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 emphasize the need to mutually strengthen social and economic policies, highlight the essential role played by creating decent jobs and commit themselves to strengthening social dialogue.
2. The parties endeavour to contribute to the effective implementation of the fundamental labour standards of the International Labour Organization (ILO) and to strengthen cooperation on employment and social issues.
3. The parties also aim to promote policies to ensure the provision of food and food to the population for livestock, in forms that are sustainable and environmentally friendly.
ARTICLE 13
Environment
1. The parties reaffirm the need for high environmental protection and the conservation and management of natural resources and biological diversity, including forests, with a view to sustainable development.
2. The parties aim to work towards ratification, implementation and compliance with multilateral environmental agreements.
3. The parties are working to strengthen cooperation on global environmental issues, particularly climate change.
PART IV
TRADE AND INVESTMENT COOPERATION
ARTICLE 14
General principles
1. The parties engage in a dialogue on bilateral and multilateral trade and related issues with a view to strengthening bilateral trade relations and advancing the multilateral trading system.
2. The parties undertake to promote the development and diversification of their mutual trade at the highest possible level and their mutual benefit. They are committed to improving market access conditions through the removal of trade barriers, including the timely removal of non-tariff barriers and measures to improve transparency, while taking into account the work of international organizations in this area.
3. Recognizing that trade plays an indispensable role in development and that aid in the form of trade preference schemes has proved beneficial to developing countries, the parties will endeavour to intensify consultations on such assistance in full compliance with WTO rules.
4. The parties are kept informed of trade and trade-related policies such as agricultural policy, food security policy, consumer protection policy and environmental policy.
5. The parties encourage dialogue and cooperation to improve their trade and investment relations and to find solutions to trade problems, including in the areas covered by articles 10 to 27.
ARTICLE 15
Health and phytosanitary matters (SPS)
1. The parties cooperate on food security and health and phytosanitary issues in order to protect the health and life of persons, fauna and flora in their territory.
2. The parties discuss and exchange information on the measures introduced, respectively, and prescribed by the World Trade Organization (WTO) Agreement on the Application of Sanitation and Phytosanitary Measures (SPS Agreement), the International Plant Protection Convention (ICPV), the World Organisation for Animal Health (OIE) and the Codex Alimentarius Commission (Codex).
3. The parties agree to improve their mutual cooperation and understanding on SPS issues and animal welfare. This capacity building will be tailored to the needs of each party and will aim to help each party to comply with the legal framework of the other.
4. The parties shall, in due course, establish a dialogue on health and phytosanitary issues upon request of either of them to address health and phytosanitary issues or other urgent issues under this section.
ARTICLE 16
Technical barriers to trade (OTC)
The parties contribute to promoting the use of international standards, cooperate and exchange information on standards, conformity assessment procedures and technical regulations, including within the framework of the WTO Agreement on Technical Barriers to Trade (TCT Agreement).
ARTICLE 17
Customs cooperation
1. The parties are particularly committed to strengthening the security and safety dimension of international trade, including transport services, improving the effectiveness of customs measures to enforce intellectual property rights and ensuring a balanced approach between trade facilitation and combating fraud and irregularities.
2. Without prejudice to other forms of cooperation provided for in this Agreement, the parties affirm their interest in the possibility, in the future, of concluding Customs cooperation and mutual assistance protocols within the institutional framework laid down by this Agreement.
ARTICLE 18
Trade facilitation
The parties share experiences and examine possibilities for simplification of import, export, transit and other customs regimes, improve transparency of customs and trade regulations, establish customs cooperation and effective mechanisms for mutual administrative assistance, and also seek convergence of views and joint action within the framework of relevant international initiatives, including trade facilitation.
ARTICLE 19
Investment
The parties promote a greater investment flow through the development of an attractive and stable environment for mutual investment through a coherent dialogue aimed at improving understanding and cooperation on investment issues, exploring certain administrative mechanisms to facilitate investment flows and promoting stable, transparent, open and non-discriminatory investment regulation.
ARTICLE 20
Competition policy
The parties contribute to promoting the effective introduction and application of competition rules, as well as the dissemination of information to promote transparency and legal security for companies operating in their respective markets. They should exchange information on issues related to anti-competitive practices that may have a negative impact on bilateral trade and investment flows.
ARTICLE 21
Services
The parties establish a coherent dialogue to exchange information on their respective regulatory environments, promote access to their respective markets, sources of capital and technology, and promote trade in services between the two regions and third-country markets.
ARTICLE 22
Capital movements
The parties are working to facilitate capital movements to contribute to the objectives of the agreement.
ARTICLE 23
Public procurement
The parties endeavour to establish procedural rules, which include appropriate transparency and dispute clauses to help implement an effective procurement mechanism to optimize the use of resources in public procurement and facilitate international trade.
The parties are working to obtain a mutual opening of their public markets, from a perspective of mutual benefit.
ARTICLE 24
Transparency
The parties recognize the importance of transparency and respect for legality in the administration of their commercial laws and regulations, 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 materials
1. The parties agree to strengthen their cooperation and to develop their mutual understanding in the field of raw materials.
2. This cooperation and promotion of mutual understanding will focus on topics such as the regulatory framework for the raw materials sector (including good governance of mineral revenues for socio-economic development, and regulations for environmental protection and safety in the mining and raw materials sectors) and trade in raw materials. Each party may request, in order to promote greater cooperation and mutual understanding, the organization of ad hoc meetings on raw materials.
3. The parties recognize that a transparent, non-discriminatory environment that does not create distortions and rules-based is the best way to create a favourable framework for foreign direct investment in the production and trade of raw materials.
4. The parties, taking into account their respective economic policies and objectives, and seeking to promote trade, agree to advance cooperation in removing obstacles to the exchange of raw materials.
5. At the request of either of the parties, any questions relating to the exchange of raw materials may be raised and discussed at the meetings of the joint committee and the subcommittee, which shall be empowered, in accordance with Article 56, to adopt such decisions in accordance with the principles defined in the preceding paragraphs.
ARTICLE 26
Regional policy
The parties promote 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 appropriate and effective protection and respect for these rights, including to combat the 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 exchange information and experiences on issues relating to the implementation, promotion, dissemination, rationalization, management, harmonization, protection and effective application of intellectual property rights, the prevention of infringement of intellectual property rights, the fight against counterfeiting and piracy, including through customs cooperation and other appropriate forms of cooperation, as well as the creation and strengthening of these bodies. They are mutually supportive to improve the protection, use and marketing of intellectual property from the European experience and, on the other hand, to increase the dissemination of knowledge on the subject.
ARTICLE 28
Sub-committee on trade and investment
1. A subcommittee on trade and investment is established.
2. The subcommittee assists the joint committee in carrying out its tasks, taking care of all areas covered by this chapter.
3. The subcommittee rules its rules of procedure.
PART V
COOPERATION IN THE FIELD OF JUSTICE, LIBERTY AND SECURITY
ARTICLE 29
Rule of law and legal cooperation
1. In their cooperation in the areas of justice, freedom and security, the parties attach 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 law and the administration of justice, in particular.
2. Cooperation between the parties will also include the exchange of information on legal systems and legislation. 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 personal data, taking into account the strictest international standards, including those contained in the UN Guidelines for the Regulation of Computerized Records of Personal Data (General Assembly of the United Nations Resolution 45/95 of 14 December 1990).
2. Cooperation in the protection of personal data may, inter alia, include technical assistance in the form of an exchange of technical information and expertise.
ARTICLE 31
Cooperation in the field of migration
1. The parties establish cooperation to prevent illegal immigration and the illegal presence of their nationals in their respective territories.
2. As part of their cooperation to prevent clandestine immigration, the parties agreed to renew, as soon as possible, their nationals who do not fulfil or no longer fulfil the conditions of entry, presence or residence in force on the territory of the other party. To this end, they provide their nationals with appropriate identity documents. When the person to be remitted does not have any documents or other evidence of his or her nationality, the competent diplomatic and consular representations of the Member State concerned or Mongolia shall, at the request of Mongolia or the Member State concerned, take the necessary arrangements to speak with that person in order to establish his or her nationality.
3. The EU will provide financial support for the implementation of this agreement with appropriate bilateral cooperation instruments.
4. The parties agree to negotiate, at the request of either of the parties, an agreement between the EU and Mongolia governing their specific obligations with respect to the readmission of their respective nationals and with an obligation to readmission of nationals from other countries and stateless persons.
ARTICLE 32
Cooperation in combating illicit drugs
1. The parties cooperate to ensure a balanced approach through effective coordination between the competent authorities, including in the areas of health, justice, customs and interior, as well as in other relevant sectors, with a view to reducing the supply, traffic and demand for illicit drugs, and in the respect of human rights. This cooperation also aims to mitigate the damage caused by drugs, to tackle the production, trafficking 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 in order to achieve these objectives. The actions are based on common principles under the relevant international conventions, the political declaration and the special declaration on the directions to be followed to reduce the demand for narcotic drugs, approved by the twentieth special session of the United Nations General Assembly on Drugs, in June 1998, and the political declaration and action plan, adopted at the 52e session of the United Nations Commission on Narcotic Drugs in March 2009.
3. Cooperation between the parties includes technical and administrative assistance, including in the areas of drafting national legislation and policies, establishment of institutions and information centres, support for civil society's drug efforts and efforts to reduce the demand for and damage to drugs, training of personnel; drug research and prevention of diversion of precursors used in the illicit manufacture of narcotic drugs and psychotropic substances. Parties may agree to include other areas.
ARTICLE 33
Cooperation in combating organized crime and corruption
The parties agree to cooperate in combating organized, economic and financial crime and corruption. Such cooperation includes the implementation and promotion of relevant international standards and 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 combating money-laundering and the financing of terrorism
1. The parties agree on the need to work and cooperate to prevent their financial systems and designated non-financial activities and occupations from being used for money laundering from criminal activities, such as drug trafficking and corruption.
2. Both parties agree to promote technical and administrative assistance actions aimed at the development and implementation of regulations and the improvement of the functioning of mechanisms to combat money laundering and the financing of terrorism. Cooperation will, among other things, enable the exchange of useful information in their respective legislative frameworks and the adoption of appropriate standards to combat money-laundering and the financing of terrorism, equivalent to those adopted by the Union and international organizations active in this area, as the Financial Action Group (FATF).
PART VI
COOPERATION IN OTHER DOMAINES
ARTICLE 35
Human rights cooperation
1. The parties agree to cooperate in the promotion and effective protection of human rights, including the ratification and implementation of international human rights instruments.
2. Such cooperation may include:
(a) support for the development and implementation of a national human rights action plan;
(b) the promotion and awareness of human rights;
(c) strengthening relevant national and regional human rights institutions;
(d) the establishment of a diverse and quality dialogue on human rights;
(e) strengthening cooperation within the United Nations human rights institutions.
ARTICLE 36
Financial services cooperation
1. The parties agree to align their common rules and standards and to strengthen cooperation in order to improve accounting, supervisory and regulatory systems in the areas of bank and insurance, as well as in other segments of the financial sector.
2. The parties cooperate in the establishment of the necessary legal framework, infrastructure and human resources, as well as the introduction of the business government and international accounting standards in the Mongolian capital market, as part of their bilateral cooperation established in accordance with the memorandum of understanding on commitments to financial services, concluded under the WTO and 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 trends and policies, and the sharing of experiences related to the coordination of economic policies in the context of regional economic cooperation and integration.
2. The parties endeavour to deepen the dialogue between their respective authorities on the economic issues agreed by them, in particular in the areas of monetary policy, fiscal policy, including corporate taxation, public finances, macroeconomic stabilization and external debt.
3. The parties cooperate and develop their mutual understanding in the field of economic diversification and industrial development.
ARTICLE 38
Good governance in the tax field
In order to strengthen and develop economic activities while taking into account the need to develop an appropriate regulatory framework, the parties recognize and undertake to apply the principles of good governance in the tax field to which Member States have subscribed at the EU level. To this end, without prejudice to the competence of the Union and the Member States, they improve international cooperation in the tax field, facilitate the collection of legitimate tax revenues and put in place measures for the effective implementation of the above-mentioned principles.
ARTICLE 39
Industrial policy and cooperation between P.M.E.
The parties, taking into account their respective economic policies and objectives, agree to stimulate cooperation in industrial policy in all areas that they consider appropriate, with a view to improving the competitiveness of small and medium-sized enterprises, inter alia:
(a) by sharing information and experiences on creating favourable conditions for improving the competitiveness of small and medium-sized enterprises;
(b) by promoting contacts between economic operators, joint investments and common enterprises, as well as information networks, including through the horizontal programmes of the existing European Union, by stimulating, in particular, technological transfers and know-how among partners;
(c) providing information, stimulating innovation and sharing good practices in access to finance, especially for small and micro-enterprises;
(d) facilitating and supporting relevant activities determined by their respective private sectors;
(e) Encouraging decent work, corporate social responsibility and accountability and encouraging responsible business practices, including sustainable consumption and production. This cooperation also takes into account the consumption dimension, for example with regard to product information or the role of consumers in the market;
(f) joint research projects in selected industrial sectors and cooperation on conformity assessment standards and procedures and technical regulations, in accordance with agreed terms and conditions;
(g) providing information on the modernization of wastewater treatment facilities from tannery;
(h) by exchanging information and recommending partners and opportunities for cooperation in the area of trade and investment through existing networks accessible to both parties;
(i) supporting cooperation between their private enterprises, in particular P.M.E.;
(j) considering negotiating an additional agreement on the exchange of information, workshops on the intensification of cooperation and other promotional events between the MEPs of both parties;
(k) providing information on technical assistance for food and agricultural exports to the European market under the EU preferential regime.
ARTICLE 40
Tourism
1. Under the World Tourism Organization's Global Ethical Code of Tourism and the principles of sustainability based on the "Process of Local Agenda 21", the parties seek to improve the exchange of information and to establish good practices to ensure a balanced and sustainable development of tourism.
2. The parties agree to intensify their cooperation in safeguarding and maximizing the potential of natural and cultural heritage, mitigating the negative impacts of tourism and increasing the positive contribution of the tourism industry to the sustainable development of local communities, among others, by promoting ecological tourism, respecting the integrity and interests of local and indigenous communities and improving training in the tourism sector.
ARTICLE 41
Information Society
1. Recognizing that information and communication technologies are fundamental elements of modern life and are essential to socio-economic development, the parties strive to exchange their views on their respective policies in this area in order to support economic development.
2. Cooperation in this area focuses, inter alia, on:
(a) participation in the in-depth regional dialogue on the various aspects of the information society, in particular policies and regulations on electronic communication, including universal service, individual licences and general authorizations, the protection of privacy and personal data, and the independence and effectiveness of the guardianship authority;
(b) the interconnection and interoperability of the networks and services of the parties and Asia;
(c) the standardization and dissemination of new information and communication technologies;
(d) promoting cooperation in research among parties in the field of information and communication technologies;
(e) cooperation on digital television, including an exchange of experience on deployment, regulatory aspects, in particular spectrum management and research;
(f) cooperation in joint research projects in the field of information and communication technologies;
(g) security-related aspects of information and communication technologies and the fight against cybercrime;
(h) the assessment of telecommunications compliance, including broadcasting equipment;
(i) cooperation in the development of broadband networks;
(j) the exchange of information on competition policy applicable to information and communication technologies.
ARTICLE 42
Audiovisual and media
The parties will promote, support and facilitate exchanges, cooperation and dialogue between their relevant institutions and agents in the areas of audiovisual and media. They agree to establish a regular political dialogue in these areas.
ARTICLE 43
Scientific and technological cooperation
1. The parties agree to cooperate in research and technological development (RTD) in areas of mutual interest and profit.
2. The purpose of this cooperation will be:
(a) encourage the exchange of information and know-how in the field of science and technology, including the implementation of policies and programmes;
(b) promote research partnerships among scientific communities, research centres, universities and the parties ' enterprises;
(c) promote the training and mobility of researchers;
(d) encourage the participation of their higher education institutions, research centres and their respective enterprises, including small and medium-sized enterprises, in their respective RTD programmes.
3. Cooperation can take the form of joint research projects and exchanges, meetings and training of researchers through exchange programs and international training and mobility systems, providing maximum dissemination of research, knowledge and best practices.
4. Cooperation activities are consistent with the legislative and regulatory provisions of both parties. They are based on the principles of reciprocity, equitable treatment and mutual benefit and provide adequate protection of intellectual property.
5. The parties agree to make every effort to raise public awareness of the perspectives of their respective scientific and technological cooperation programmes.
ARTICLE 44
Energy
1. Parties shall endeavour to improve cooperation in the energy sector in order to:
(a) to improve energy security, including by diversifying energy supplies and developing new, sustainable, innovative and renewable energy forms, including, inter alia, biofuels and biomass, wind and solar energy, as well as hydropower generation, and to support the development of appropriate strategic frameworks in order to create conditions conducive to investment and a level of fair competition for investment
(b) To achieve a rational use of energy at both supply and demand levels by promoting energy efficiency in the production, transport and distribution of energy and in its final use;
(c) to encourage the application of internationally recognized standards for nuclear safety, non-proliferation and security control;
(d) promote technology transfer for sustainable energy production and use;
(e) work on capacity-building and investment facilitation in this area on the basis of transparent, non-discriminatory and market-friendly rules;
2. To this end, the parties agree to promote common contacts and research to their mutual benefit, including through appropriate regional and international frameworks. Under Article 43 and the outcomes of the World Summit on Sustainable Development (WSSD) held in Johannesburg in 2002, the parties stressed the need to discuss the links between affordable access to energy services and sustainable development. These activities can be promoted by the European Energy Union initiative launched at the SMDD.
3. The trade in nuclear material will be governed by the provisions of the Treaty establishing the European Atomic Energy Community. If necessary, trade in nuclear material is subject to the provisions of a specific agreement to be concluded between the European Atomic Energy Community and Mongolia.
Rule 45
Transport
1. The parties shall endeavour to cooperate in the appropriate sectors of transport policy, with a view to improving the investment prospects and traffic of goods and passengers, to promote aviation safety and security, to combat piracy, to protect the environment and to increase the efficiency of their transport systems.
2. Cooperation between the parties in this sector is aimed at:
(a) the exchange of information on their respective transport policies and practices, including with regard to rural, urban and air transport, transport logistics, interconnection and interoperability of multimodal transport networks, and the management of roads, railways and airports;
(b) areas related to satellite navigation, with emphasis on regulatory, industrial and market development issues of common interest. In this regard, European EGNOS and Galileo satellite navigation systems will be considered;
(c) a dialogue in the field of air transportation services to explore opportunities to further develop relationships in sectors such as air safety and security, the environment, the management of air traffic, the application of competition law and the economic regulation of the air transport sector, with a view to encouraging harmonization of regulations and the elimination of barriers to economic activity. There is a need to further promote cooperation projects in the field of civil aviation that have a common interest. On this basis, the parties will consider further cooperation in the field of civil aviation;
(d) reduction of greenhouse gas emissions in the transport sector;
(e) the implementation of safety, safety and environmental standards, including aviation standards, in accordance with relevant international conventions;
(f) co-operation in relevant international forums to ensure better implementation of international regulations and to achieve the objectives set out in 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 and civil society.
2. The parties endeavour to take appropriate measures to promote cultural exchanges and to put in place joint initiatives in various cultural fields, including cooperation in the preservation of heritage, respecting cultural diversity.
3. The parties agree to consult and cooperate in relevant international forums, such as UNESCO, in order to pursue common objectives and promote cultural diversity and the protection of cultural heritage. Regarding cultural diversity, they also agree to promote the ratification and implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted on 20 October 2005.
4. The parties also focus on measures designed to create links between their respective specialized agencies and to encourage the exchange of information, know-how, students, experts, young workers and young workers and technical resources, drawing on the means offered by the European Union's programmes in Asia in the fields of education and culture, as well as the experience gained by both parties in this field. They agree to promote the implementation of adequate higher education programs, such as Erasmus Mundus, to promote cooperation and modernization of higher education, and to encourage university mobility.
ARTICLE 47
Environment, climate change and natural resources
1. The parties agree on the need to preserve and sustainably manage natural resources and biodiversity as essential elements for the development of current and future generations.
2. The parties agree that cooperation in this area should be carried out in support of the conservation and improvement of the environment, with a view to sustainable development. The outcome of the World Summit on Sustainable Development and the implementation of relevant multilateral environmental agreements 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 so that they can adapt to the negative effects of climate change, mitigate greenhouse gas emissions and engage their economies on low-carbon sustainable growth paths. In this context, they will explore the possibility of using carbon market mechanisms.
4. The parties agree to cooperate to enhance the effectiveness of their trade and environmental policies and to strengthen the integration of environmental considerations in all areas of their cooperation.
5. Parties shall endeavour to continue and strengthen their cooperation in regional environmental protection programs, including with respect to:
(a) awareness of the environment and local participation, in particular indigenous and local communities, in efforts to protect the environment and sustainable development;
(b) Combating climate change, in particular with regard to environmental and natural resource impacts;
(c) building capacity to implement and participate in multilateral environmental agreements, including those related to biodiversity, biosecurity and chemical risks;
(d) the promotion and dissemination of environmentally sound technologies, products and services, including through the use of regulatory and environmental instruments;
(e) improvement of forest governance, including the fight against illegal logging and associated trade, and the promotion of sustainable forest management;
(f) Prevention of clandestine cross-border movements of solid and hazardous wastes and products of modified living organisms;
(g) improved ambient air quality, environmentally sound waste management, sustainable water resources management, chemicals management and sustainable consumption and production;
(h) soil protection and conservation and sustainable land use;
(i) the effective management of national parks and the designation and protection of biodiversity areas and fragile ecosystems, in accordance with or close to local and indigenous communities;
6. The parties encourage mutual access to the programs they have implemented in this area, in accordance with the specific terms and conditions set out in these programs:
(a) Establishment of the water reserve monitoring network and its modernization;
(b) introduction of water desalination and reuse techniques;
(c) development of ecotourism.
ARTICLE 48
Agriculture, livestock, fisheries and rural development
The parties agree to encourage dialogue on agriculture, livestock, fisheries and rural development. They will exchange information and develop their relationships with regard to:
(a) agricultural policy and international agricultural and food prospects in general;
(b) opportunities for simplification of trade in plants, animals, livestock and their products with a view to promoting the development of small-scale industries in rural areas;
(c) the well-being of animals, including livestock;
(d) Rural development policy;
(e) exchange of experiences and networks of cooperation between local agents and economic operators, in particular in areas such as research and technology transfer;
(f) health and quality measures applicable to plants, animals and livestock, in particular geographical indications protected;
(g) initiatives and proposals for cooperation submitted to international agricultural organizations;
(h) the development of sustainable and environmentally friendly agriculture that includes plant production, biofuels and the transfer of biotechnology;
(i) the protection of plant species, seed technology and agricultural biotechnology;
(j) the development of agricultural and livestock databases and information network;
(k) Training in agricultural and veterinary fields.
ARTICLE 49
Health
1. The parties agree to cooperate in the health sector by addressing areas such as health care reform, major contagious diseases and other health threats, non-communicable diseases and international health agreements to improve health conditions and the level of public health.
2. Cooperation will be achieved, mainly by:
(a) the implementation of comprehensive programmes to reform the health sector, including by improving health care systems, health services, and health conditions and information;
(b) joint activities in the field of epidemiology, including collaboration on early prevention of health threats, such as avian and pandemic influenza and other major contagious diseases;
(c) the prevention and control of non-communicable diseases through the exchange of information and good practices, the promotion of a healthy lifestyle, the management of key health factors, such as food, addiction, alcoholism and smoking;
(d) the promotion of the implementation of international health agreements, such as the Framework Convention for Tobacco Control and the International Health Regulation.
ARTICLE 50
Employment and social affairs
1. The parties agree to strengthen cooperation in the field of employment and social affairs, including cooperation in social and regional cohesion, occupational health and safety, gender equality and decent work, with the aim of increasing 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 set out in General Assembly resolution 60/1 of 24 October 2005 (Final document of the World Summit) and the ministerial declaration of the high-level segment of the United Nations Economic and Social Council of July 2006 (Economic Council) The parties take into account the respective characteristics and the different nature of their socio-economic situations.
3. The parties reaffirm their commitment to the full and effective implementation of internationally recognized social norms and labour law, as defined, inter alia, by the 1998 ILO Declaration on Fundamental Principles and Rights at Work and by the 2008 ILO Declaration on Social Justice for Fair Globalization. All actions undertaken by the parties under this Agreement shall take into account the implementation of relevant multilateral social and labour agreements. The parties agree to cooperate and provide technical assistance if necessary, with a view to ratifying and effectively implementing all ILO conventions covered by the 1998 ILO declaration and other relevant conventions.
4. Cooperation may take, inter alia, the following forms: specific programmes and projects agreed upon by mutual agreement, dialogue, cooperation and initiatives on subjects of mutual interest at the bilateral or multilateral level, such as the ILO.
ARTICLE 51
Statistics
1. The parties agree to promote the harmonization of statistical methods and practices, including the collection and dissemination of statistics, thus enabling them to use, on a mutually acceptable basis, statistics on trade in goods and services and, more generally, on any other area covered by this Agreement that lends itself to statistical collection, processing, analysis and dissemination.
2. The parties agree to encourage the establishment of direct contacts between the competent authorities in order to: strengthen friendly cooperation in the statistical field, strengthen the capacities of statistical agencies by modernizing and improving the quality of the statistical system, enhance human resources, provide training in all relevant areas, and support national statistical systems organized in accordance with established international practices, including the necessary infrastructure.
3. Cooperation covers areas of mutual interest by focusing on:
I. Economic statistics:
a. National accounts
b. Business activity and registration
c. agriculture/cultures, livestock, rural development
d. environment and mineral reserves
e. industry
f. Foreign trade in goods and services
g. wholesale and retail trade
h. Revision policy
i. food security
j. Balance of payments
II. social statistics:
a. Gender dimension
b. Migration
c. households
III. information technology:
a. Exchange of experiences in electronic technologies and methodologies in the field of security, protection, storage of information and protection of private data, and introduction of such experiences
b. Exchange of experiences in creating online databases for consumers from user-friendly sites and training in this area
c. support of computer experts from the Statistical Office of Mongolia during the creation of the information database
d. cooperation in the engagement with users by informing them on the information database
ARTICLE 52
Civil society
1. The parties recognize the role and potential contribution of an organized civil society, in particular academia, to the dialogue and cooperation process envisaged under this Agreement and agree to promote effective dialogue with the same organized civil society, as well as its effective participation.
2. Subject to compliance with the administrative and legal provisions of each party, organized civil society may:
(a) participate in the national policy development process, based on democratic principles;
(b) be informed of and participate in the consultations on sectoral policies and development and cooperation strategies, including in areas of concern, at all stages of the development process;
(c) benefit from financial resources, to the extent that the regulation of each party permits, as well as capacity-building assistance in sectors in difficulty;
(d) Participate in the implementation of cooperation programmes in the areas concerned.
ARTICLE 53
Cooperation in the modernization of the state and public administration
The parties agree to cooperate to modernize public administration.
Cooperation in this area should be:
(a) improving organizational efficiency;
(b) strengthening the effectiveness of institutions in service delivery;
(c) ensuring transparent management of public finances and accountability;
(d) improving the legal and institutional framework;
(e) capacity-building for policy design and implementation (public services, budget development and execution, anti-corruption);
(f) strengthening judicial systems; and
(g) Security system reform.
ARTICLE 54
Cooperation in disaster risk management (CRM)
1. The parties agree to strengthen cooperation at the RCMP level by continuing to develop and implement measures to minimize the risk faced by communities and to manage the consequences of natural disasters at all levels of society. Preventive measures and a proactive approach to risk and hazard management should be prioritized by reducing the risk of and exposure to natural disasters.
2. Cooperation in this area should focus on the following elements of the programme:
(a) disaster risk reduction or prevention and limitation of consequences;
(b) Knowledge management, innovation, research and education to build a culture of security and resilience at all levels;
(c) natural disaster preparedness;
(d) strengthening institutional policies and capacities and seeking consensus for risk management;
(e) Disaster response;
(f) Disaster risk assessment and control.
PART VII
COOPERATION MODALS
ARTICLE 55
Means of cooperation and protection of financial interests
1. The parties agree, within their respective resources and regulations, to make available the appropriate, financial and other means to enable the achievement of the objectives of cooperation set out in this Agreement.
2. The parties agree to work for the development and implementation of reciprocal technical and administrative assistance for the effective protection of their financial interests in the areas of development assistance and other cooperative activities that they fund. They respond promptly to requests for mutual administrative assistance from the judicial authorities and/or the investigative services of either of them to improve the fight against fraud and irregularities.
3. The parties encourage the European Investment Bank to continue its work in Mongolia, in accordance with its financing procedures and criteria.
4. The parties put in place financial assistance in accordance with the principles of good financial management and cooperate to protect the financial interests of the European Union and Mongolia. They take effective measures to prevent and combat fraud, corruption and other illegal activities, including through mutual administrative assistance and legal assistance in the areas covered by this Agreement. Any other agreement or financial instrument to be adopted by the parties must contain specific clauses of financial cooperation with respect to on-site controls, inspections and audits, as well as actions to combat fraud, among other things, those carried out by the European Anti-Fraud Office (OLAF).
PART VIII
INSTITUTIONAL FRAMEWORK
ARTICLE 56
Joint Committee
1. The parties agree to establish, under this Agreement, a joint committee composed of representatives of both parties at an appropriate high level, to be entrusted with the following missions:
(a) ensure the proper operation and implementation of this Agreement;
(b) Identify priorities in line with the objectives of this Agreement;
(c) make recommendations to promote the objectives of this Agreement.
2. For the achievement of the objectives set by this Agreement, and in the cases provided for by this Agreement, the joint committee and the subcommittee established by section 28 shall have a decision-making power. Decisions shall be made by mutual consent between the parties, after the completion of the respective internal procedures necessary to establish a position in this matter by both parties. Decisions taken are binding on the parties to take the necessary measures to implement them.
3. The mixed committee normally meets annually, alternately in Oulan-Bator and Brussels, on a date set by mutual agreement. Extraordinary sessions may also be convened jointly 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 mutually agreed between the parties.
4. The joint committee may establish specialized working groups to assist it in the performance of its tasks. These working groups present detailed reports of their activities to the joint committee at each of its meetings.
5. The parties agree to entrust the joint committee with the task of ensuring the proper operation of any sectoral agreement or protocol between them.
6. The Joint Committee sets out its rules of procedure.
PART IX
FINAL PROVISIONS
ARTICLE 57
Future development clause
1. The parties may, by mutual consent, extend this agreement in order to strengthen the level of cooperation, including by adding agreements or protocols to specific areas or activities.
2. As part of the application of this Agreement, each of the two parties may make suggestions to extend the scope of cooperation, taking into account the experience gained during its implementation.
ARTICLE 58
Other agreements
Without prejudice to the applicable provisions of the Treaty on the European Union and the Treaty on the Functioning of the European Union, neither this Agreement nor any action taken within the framework of the latter shall affect the power of the Member States to undertake bilateral cooperation actions with Mongolia or to conclude, where appropriate, new agreements of partnership and cooperation with Mongolia.
This Agreement shall not affect the application or implementation of the commitments made by each party in its relations with third parties.
ARTICLE 59
Compliance
1. Each party may refer to the joint committee of any dispute relating to the application or interpretation of this Agreement.
2. If one of the parties considers that the other has breached an obligation under this Agreement, it may take appropriate action.
3. Previously, it must, except in the case of a special emergency, provide the Joint Committee with all the information necessary for a thorough review of the situation with a view to finding a solution acceptable to the parties.
4. The choice of measures should focus on those that are at least disrupting the operation of this Agreement. These measures are notified, immediately, to the other party and are subject to consultations within the joint committee at the request of the other party.
5. The parties agree, for the purpose of correct interpretation and practical application of this Agreement, that the "special emergency cases" referred to in paragraph 3 refer to cases of a substantial violation of the agreement by one of the parties. A substantial violation of the agreement is:
(i) a denunciation of the agreement not enshrined in the general rules of international law; or
(ii) a violation of the essential elements of the agreement, namely Article 1er, paragraph 1, and section 3.
ARTICLE 60
Facility
In order to facilitate cooperation under this Agreement, both parties agree to provide the necessary facilities for the performance of the duties of officials and experts involved in the implementation of cooperation, in accordance with the internal rules and regulations of both parties.
ARTICLE 61
Territorial application
This Agreement applies, on the one hand, to 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 in the said treaties and, on the other, to the territory of Mongolia.
ARTICLE 62
Definition of parties
For the purposes of this Agreement, "Parties", on the one hand, the Union or its Member States, or the Union and its Member States, in accordance with their respective competences, and, on the other, Mongolia.
ARTICLE 63
Entry into force and duration
1. This Agreement comes into force on the first day of the month following the date on which the last party notified the other party of the legal procedures necessary for this purpose.
2. This Agreement shall be concluded for a period of five years. It is automatically extended for successive one-year periods, unless written notification from one party to another of its intention not to extend the agreement six months before the end of any subsequent one-year period.
3. Any amendment to this Agreement shall be made by mutual consent between the parties. It comes into force only when the parties have notified themselves of the completion of all necessary formalities.
4. If a party implements a more restrictive trade regime with respect to the export of raw materials, such as the introduction of new prohibitions or restrictions, new duties or taxes that do not comply with the conditions set out in the relevant provisions of Articles VIII, XI, XX or XXI of the GATT 1994, or that are not authorized by a WTO waiver or are not accepted by the joint committee or subcommittee on the trade and investment
5. This Agreement may be terminated by a party by means of a written notification of denunciation addressed to the other party. The termination of the agreement takes effect six months after the receipt of this notification by the other party.
ARTICLE 64
Notifications
Notifications made pursuant to Article 63 are addressed to the Secretary General of the Council of the European Union and the Ministry of Foreign Affairs of Mongolia respectively.
ARTICLE 65
Faithful text
This agreement is written in 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 in Oulan-Bator on 30 April 2013.

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