Posted the: 2014-09-05 Numac: 2013015215 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE July 6, 2013. -Law approving the framework partnership and cooperation agreement between the European Union and its Member States, of one part, and the Republic of the Philippines, on the other hand, done at Phnom Penh July 11, 2012 (1) (2) ALBERT II, 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 Republic of the Philippines, on the other hand, in Phnom Penh on July 11, 2012, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 6, 2013.
ALBERT 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) Session 2012-2013.
Senate parliamentary Documents. -Bill filed March 20, 2013, no. 5 - 2024/1 - report on behalf of the Committee, no. 5-2024/2.
-Discussion, meeting of May 2, 2013. -Vote meeting of May 2, 2013.
House of representatives parliamentary Documents. -Draft transmitted by the Senate, no. 53-2793/1. -Report on behalf of the Committee, no. 53-2793/2. -Text adopted in plenary and subject to Royal assent, session No. 53-2793/3.
Parliamentary Annals. -Discussion, meeting of May 29, 2013. -Vote meeting of May 30, 2013.
(2) see Decree of the Flemish community / the Flemish Region from November 22, 2013 (Moniteur belge of 7 January 2014 (Ed. 2)). Decree of the French community of July 4, 2013 (Moniteur belge of 18 July 2013).
Decree of the German-speaking community of September 23, 2013 (Moniteur belge of 22 October 2013 (Ed. 2)).
Decree of the Walloon Region from July 10, 2013 (Moniteur belge of 31 July 2013). Order of the Region of Brussels - capital of July 26, 2013 (Moniteur belge of 3 September 2013). Order of the common Community Commission of February 27, 2013 (Moniteur belge of April 2, 2014) framework agreement of partnership and cooperation between the European Union and its Member States, of one part, and the Republic of the Philippines, on the other hand.
The European UNION, 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 Republic Portuguese, 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, hereinafter referred to as 'Member States', of the one part, and the Republic of the PHILIPPINES, hereinafter referred to as 'Philippines' on the other hand, hereinafter jointly referred to as "parties", considering the traditional links of friendship between the parties and historical relations, policies and narrow economic between them;
HAVING regard to the particular importance that the parties attach to the comprehensiveness of their mutual relations;
WHEREAS the parties believe that this agreement is part of a wider relationship between them and in the context, inter alia, agreements to which participate together both parties;
Reaffirming the commitment of the parties to the respect of democratic principles and of human rights in accordance with the Universal Declaration of the United Nations human rights and other relevant international instruments, rights of man, which involved both parties;
Reaffirming their commitment to the principles of the rule of law and good governance and their desire to promote economic and social progress for their peoples.
Reaffirming their desire to improve cooperation on stability, justice and international security in order to promote sustainable socio-economic development, poverty eradication and the achievement of the Millennium development goals;
Whereas terrorism as a threat to global security and to intensify their dialogue and their cooperation in the fight against terrorism, taking into account the global strategy against terrorism of the United Nations and the instruments applicable to the Security Council of the UN (UNSCOM), including resolutions of the UNSCR 1373, 1267, 1822 and 1904;
EXPRESSING their total involvement in the prevention and the fight against all forms of terrorism and in the creation of effective international instruments to ensure its eradication;
Reaffirming that it is important for the parties that effective measures to combat terrorism and the protection of human rights are complementary and mutually reinforcing;
Recognizing the need to strengthen and improve cooperation in the fight against drug abuse and the activities of illicit drug, given the serious threat they pose to the peace, security, stability and economic development international;
Recognizing that the most serious crimes of international scope in violation of international humanitarian law, genocide and other forms of crime against humanity should not remain unpunished and that these crimes must be prosecuted in order to promote peace and international justice;
CONSIDERING that the proliferation of weapons of mass destruction and their means of delivery constitutes a threat to international security and wishing to strengthen their dialogue and cooperation in this matter. The adoption by consensus of resolution 1540 of the Security Council is at the base of the commitment of the entire international community in the fight against the proliferation of weapons of mass destruction;
Recognizing that the illicit trade in small arms and ammunition including small arms, as well as poor management, inadequately secured stockpiles and uncontrolled spread of these weapons continue to weigh a serious threat to peace, security and international development;
Recognizing the importance of the 7 March 1980 cooperation agreement between the European Economic Community and the Member States of the Association of the nations of Southeast Asia and subsequent protocols of accession;
Recognizing the importance of strengthening existing relations between the parties to improve the cooperation between them and their common will to consolidate, deepen and diversify their relations in areas of mutual interest on the basis of the principles of equality, non-discrimination, respect for the natural environment and mutual benefit;
Recognizing the importance of dialogue and cooperation between the Association of nations of Southeast Asia (ASEAN) and the European Union;
EXPRESSING their total commitment in the promotion of sustainable development, including environmental protection and the effective cooperation in the fight against climate change;
Stressing the importance of enhanced cooperation on justice and security;
Recognizing their commitment to conduct dialogue and cooperation deepened in favour of migration and development, and to promote and effectively implement social standards and working internationally recognized;
SPECIFYING 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 a Contracting distinct parts or as Member States of the European Union, in accordance with the Protocol on the position of the United Kingdom and Ireland with respect to the area of freedom, security and justice annexed to the Treaty on the Union European and to the Treaty on the functioning of the Union European.
The same provisions apply to Denmark, in accordance with the Protocol on the position of the annex Denmark treated said.
Recognizing the importance the parties attach to the principles and rules that govern international trade and contained in the agreement establishing the WTO (WTO) as well as the need to apply them in a transparent and non-discriminatory;
CONFIRMING their desire to strengthen, in full compliance with the activities undertaken within a regional framework, cooperation between the parties, on the basis of common values and mutual benefit, have agreed to 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 the rights of man and of the other relevant international instruments in defence of human rights applicable to the parties and the principle of the rule of law, underlying policies 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 promote sustainable development, to cooperate to meet the challenges of climate change and to contribute to the achievement of the development goals adopted at the international level, including the Millennium objectives for development.
4. the parties reaffirm their commitment to the principle of good governance.
5. the parties agree that the cooperation provided for by this agreement is consistent with their laws, rules and respective national regulations.
ARTICLE 2 objectives of cooperation to strengthen their bilateral relations, the parties are committed to a thorough dialogue and to further promote cooperation between them in all areas of common interest in accordance with this agreement. Their efforts include to: has) set up cooperation on political, social and economic topics in all forums and international and regional organizations relevant;
(b) develop and implement a cooperation in the fight against terrorism and transnational crime;
(c) develop cooperation in the field of human rights as well as a dialogue on the fight against the serious crimes of international concern;
(d) put in place a cooperation in the fight against the proliferation of weapons of mass destruction, small arms and light weapons and in the promotion of peace and conflict prevention process;
(e) set up a cooperation in all areas of common interest related to trade and investment in order to facilitate the flow of trade and investment and to remove barriers to trade and investment, in respect for the principles of the WTO and EU-ASEAN regional initiatives underway and future;
f) put in place a cooperation in the field of justice and security, particularly as regards judicial cooperation, illicit drugs, from money laundering to fight organized crime and corruption, protection of data and refugees and IDPs;
(g) develop cooperation on migration and maritime labour;
(h) put in place a cooperation in all other fields of common interest, in particular employment and Social Affairs, development cooperation, economic policy, financial services, good governance in taxation, industrial policy and SMEs, information and communication (ICT) technology, audiovisual, media and multimedia, science and technology , transportation, tourism, education, culture, the intercultural and interreligious dialogue, energy, the environment and natural resources including climate change, the agriculture, fisheries and rural development, regional development, health, statistics, (RCMP) disaster risk management and public administration;
(i) encourage the participation of the two parties to regional and subregional cooperation programmes open to the participation of the other party;
(j) strengthen the role and profile of the Philippines and the European Union;
(k) promote interpersonal understanding and dialogue and effective interaction with the civil society organized.
ARTICLE 3 Cooperation in regional and international organizations parts will continue to exchange views and cooperate in fora and regional and international organizations such as the United Nations and the agencies and bodies of the United Nations, including the conference of Nations on trade and development (UNCTAD), dialogue EU-ASEAN, the regional Forum of ASEAN (FRA) the Summit of Asia - Europe meeting (ASEM), WTO, the International Organization for Migration (IOM) and the world Organization of intellectual property (WIPO).
ARTICLE 4 regional and bilateral Cooperation for each area of dialogue and cooperation on the basis of this agreement, with the emphasis on issues concerning EU-Philippines cooperation, both parties may also by mutual agreement, cooperate through regional activities or a combination of the two frameworks, taking into account regional decision-making processes concerned regional group. In this regard, for the choice of the appropriate framework, the parties seek to maximize the impact on all stakeholders and strengthen the participation of the latter while using the best available resources and ensuring the coherence of other activities.
Title II DIALOGUE policy and COOPERATION ARTICLE 5 peace process and prevention of conflicts the parties agree to continue their collaborative efforts to promote the prevention of conflicts and the culture of peace grssce, inter alia, programmes of advocacy of peace and education for peace.
ARTICLE 6 Cooperation 1 human rights. The parties agree to cooperate in the promotion and effective protection of all the human rights, including in the framework of the international instruments for the defence of the human rights to which they are parties.
2. this cooperation will be carried out through the activities agreed by the parties, including, among other things: a) support the development and implementation of national plans of action for human rights;
(b) the promotion of awareness of the rights of man and education in this area;
(c) the strengthening of national institutions for human rights;
(d) insofar as possible, the assistance of regional institutions for human rights;
(e) the establishment of a meaningful dialogue between the parties on human rights; and (f) the cooperation within the institutions of the UN in favour of human rights.
ARTICLE 7 Serious Crimes of international concern 1. The parties recognize that the most serious crimes of international scope in violation of international humanitarian law, genocide and other forms of crime against humanity should not remain unpunished and that their punishment should be ensured by taking measures that apply to nationally or internationally, including by the International Criminal Court, under the national legislation of the parties.
2. the parties agree a beneficial dialogue on universal adherence to the Rome Statute of the International Criminal Court in accordance with their legislation, and to provide assistance for capacity-building.
ARTICLE 8 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 State and non-State actors than by them, 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 the UNSC 1540 resolution. The parties agree that this provision constitutes an essential element of this agreement.
3. in addition, the parties agree: has) to take the measures that are required to sign and ratify, in respect of the specific parties ratification procedures, the obligations imposed on them under other applicable international instruments, including the relevant UNSC resolutions, or to accede to, as appropriate, and implement them fully;
(b) to develop an effective system of national export controls, which allows to control exports and transit of goods related to weapons of mass destruction as well as the end-use of dual-use technologies, and effective sanctions for breach of the export control regime.
The parties recognize that the implementation of export controls must not hamper international cooperation for peaceful purposes regarding materials, equipment and technologies, uses for peaceful purposes should however not serve as cover for proliferation.
4. the parties agree to establish a regular political dialogue that will accompany and strengthen these elements. The parties may also establish a dialogue at the regional level.
ARTICLE 9 of small and light weapons caliber 1. The parties recognise that the illicit trade in small arms and small arms (SALW) and their ammunition and their 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 respect and fully implement their respective obligations aimed at combating the illegal trade of SALW in all its forms, under existing international agreements and resolutions of the UNSC, as well as their commitments within the framework of other international instruments in this field, including the programme of action of the United Nations to prevent combat and eradicate the illicit trade in light weapons and small arms in all its forms.
3. the parties undertake to establish a regular political dialogue with the aim of exchanging views and information and to reach a common vision on issues and problems related to the illicit trade in SALW and to strengthen the capacity of the parties to prevent, combat and eradicate this type of trade.
ARTICLE 10 Cooperation in the fight against terrorism 1.
The parties reaffirm the importance of preventing and combating terrorism in accordance with their legislation and respective regulations and respect for the rule of law, international law, especially the Charter of the United Nations and the relevant resolutions of the UNSC, the rights of man, the right of refugees, international humanitarian law, the international conventions to which they are the global strategy against terrorism of the United Nations, contained in resolution 60/28 of the General Assembly of the United Nations on September 8, 2006, as well as the EU-ASEAN Joint declaration on cooperation in the fight against terrorism adopted on January 28, 2003.
2. to this end, the parties agree to cooperate as follows: has) by encouraging the implementation of the relevant resolutions of the Security Council, including resolutions 1373, 1267, 1822-1904, and applicable international instruments and conventions;
(b) encouraging cooperation between the Member States of the United Nations to implement the United Nations global strategy against terrorism;
c) exchanging information and enhancing cooperation and coordination in the application of the legislation by using central national existing offices of Interpol global police communication of Interpol I-24/7 system;
(d) exchanging information on terrorist groups and their support networks, in accordance with international and national law;
e) through an exchange of views on means and methods used to combat terrorism, including in technical fields and training level, and by exchanging experiences in the field of the prevention of terrorism and the de-radicalization;
(f) in cooperation to deepen the international consensus on combating terrorism and the financing of terrorism and working quickly to develop an agreement on the comprehensive convention on international terrorism, to complement the instruments against terrorism already implemented by the United Nations;
(g) sharing best practices for the protection of the rights of man in the fight against terrorism;
(h) encouraging implementation of the fight against terrorism and the cooperation in this area in the context of ASEM and EU-ASEAN relations.
ARTICLE 11 Cooperation in public administration the parties agree to cooperate to strengthen capacities in the field of public administration. Cooperation in this area includes the exchange of views on best practices relating to management practices, the provision of services, the strengthening of institutional capacity and transparency issues.
Title III trade and investment ARTICLE 12 General principles 1. The parties engage in a dialogue on bilateral and multilateral trade and trade-related issues to strengthen their bilateral trade relations and enhance the role of the multilateral trading system in promoting growth and development.
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 are committed to improving the conditions of access to the market by supporting the removal of barriers to trade, notably non-tariff 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 has contributed to the development of developing countries who benefited, 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 the evolution of trade and policies related to trade such as the agricultural policy, food security policy, consumer protection policy, environmental policy, including waste management.
5. the parties shall encourage dialogue and cooperation to improve their trade and investment relations and seek solutions to business problems and addressing other concerns related to trade, in the fields referred to in articles 13 to 19.
ARTICLE 13 sanitary and phytosanitary 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 WTO agreement on the application of sanitary and phytosanitary measures (SPS Agreement), the International Convention for protection of plants (IPPC), the world of animal health (OIE) Organization and the commission of the Codex Alimentarius (Codex), including legislation, rules and regulations and certification procedures inspection and surveillance, including the procedures for approval of the development and the application of the principles of zoning.
3. the parties agree to establish a cooperation for the enhancement of the capacity on sanitary and phytosanitary issues and, where appropriate, on the welfare of the animals.
4. the parties shall establish, timely dialogue on sanitary and phytosanitary issues at the request of either of them to address sanitary and phytosanitary matters or other urgent matters provided for in this article.
5. the parties choose points of contact for the communication relating to matters provided for in this article.
ARTICLE 14 technical barriers to trade 1. The parties agree that cooperation on standards, technical regulations and conformity assessment is an essential objective for the development of trade.
2. 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). To this end, the parties agree to a dialogue, in a timely manner, the TBT at the request of one or the other of them and choose contact points for communication concerning the matters provided for in this article.
3. TBT cooperation may take the form of a dialogue, joint projects, technical assistance or capacity-building programmes.
ARTICLE 15 customs and facilitation of trade 1. Parties share experiences and examine the possibilities for simplification of import, export and other customs procedures, ensure the transparency of customs and trade regulations, introduce customs cooperation as well as effective mechanisms for administrative assistance and also looking for a convergence of views and joint action in the context of relevant international initiatives under facilitation of trade. The parties shall particularly to strengthen safety and security of international trade, to ensure the effectiveness and the efficiency of customs measures to enforce intellectual property rights and to ensure a balanced approach between trade facilitation and fight against fraud and irregularities.
2. without prejudice to other forms of cooperation provided for in this agreement, the parties affirm the importance they give to the consideration of the conclusion of the protocols on customs cooperation and mutual assistance, within the institutional framework laid down by this agreement.
3. the parties continue to mobilize resources for technical assistance to support the implementation of cooperation on customs issues and facilitating trade under this agreement, under the terms agreed by common accord.
ARTICLE 16 investment the parties shall promote a more important investment flows by introducing an attractive and stable investment environment mutual through a coherent dialogue aimed at establishing a stable, transparent, open and non-discriminatory investment regulation, exploring administrative mechanisms to facilitate the flow of investment, in accordance with the legislation and national regulations parts.
ARTICLE 17 policy competition 1. Parties contribute to promoting and maintaining in place of rules of competition and the authorities responsible for their implementation. They encourage the application of these rules of effective, non-discriminatory and transparent manner in order to promote legal certainty on their respective territories.
2. at this end, the parties strengthening their capacities in the field of competition policy in
function of the availability of the financing of these activities provided by programs and instruments of cooperation of the parties.
ARTICLE 18 Services 1. The parties agree to establish a consistent dialogue notably to exchange information on their respective regulatory environments, to promote access to their respective markets, including electronic commerce, and the sources of capital and technology, and to promote trade in services between the parties and on the markets of third countries.
2. Recognizing the competitiveness of services for each sector, the parties undertake to discuss the way to leverage of the prospects offered by the trade in services in their respective markets.
SECTION 19 intellectual property rights 1. The parties reaffirm the importance they attach to the protection of intellectual property (IP) rights and undertake to take the necessary measures to ensure protection and respect appropriate and efficient of those rights, by ensuring that these measures are compliant to best practices and international standards that the parties committed themselves to respect.
2. the parties shall assist each other to identify and implement IP programs that help to promote technological innovation as well as the voluntary transfer of technology and training of human resources and they cooperate in the context of the implementation of the agenda for the development of the world Organization of intellectual property (WIPO).
3. the parties agree to strengthen cooperation on geographical indications including their protection as well as in the field of the protection of new varieties of plants, taking account, where appropriate, of the role of the International Union for the protection of new varieties of plants (UPOV).
4. the parties shall exchange information and experiences in practices intellectual property and prevention of violations of IP rights (in particular the fight against counterfeiting and piracy), especially through customs cooperation and other appropriate forms of cooperation and the establishment and strengthening of organizations of control and protection of these rights.
Title IV COOPERATION on JUSTICE and security ARTICLE 20 Legal Cooperation 1. The parties recognize the importance of the rule of law and the strengthening of relevant institutions.
2. cooperation between the parties also includes the exchange of information on best practices in legal systems and laws.
ARTICLE 21 Cooperation in the fight against illicit drugs 1. The parties shall cooperate to ensure a balanced approach through effective coordination between competent authorities, including of the main agency to combat drugs, and the areas of health, justice, education, youth, social security, customs and Interior as well as other relevant sectors and other interested parties concerned with the aim of reducing the supply and demand of illicit drugs and the impact thereof on the consumers of drugs, their families and society as a whole and to ensure more effective control of precursors.
2. the parties agree on the modalities of cooperation to be implemented to achieve these goals.
Actions are based on common principles of the international conventions to which the parties involved, of the political declaration and the declaration on the guidelines to reduce the demand for narcotic drugs adopted by the 20th special session of the General Assembly of the United Nations on drugs in June 1998 and the political declaration and the action plan relating to international cooperation in the context of an integrated and balanced to combat the problem strategy world drug adopted at the high level segment of the fifty-second session of the Commission on narcotic drugs in March 2009.
3. cooperation between the parties includes a technical and administrative assistance, including in the following areas: a) the development of legislation and national policies;
(b) the establishment of institutions and information centres;
c) support to the efforts made by the society on drugs and efforts to reduce the demand for these drugs and damage caused by them;
(d) the training of staff);
(e) strengthening the implementation of the Act and exchange of information in accordance with national legislation);
(f) research on drugs);
g) profile of drugs and the prevention of the manufacture of narcotics/dangerous drugs and the diversion of controlled precursors, in particular of substances necessary for the manufacture of illicit drugs;
(h) any other area agreed by mutual agreement by the parties.
ARTICLE 22 Cooperation in the fight against money laundering and the financing of terrorism 1. The parties agree to the need to work and cooperate in the prevention of money laundering from criminal activities such as drug trafficking and corruption.
2. the two parties agree to promote a legal, technical and administrative assistance relating to the development and implementation of regulations and the effectiveness 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 fight against money laundering and the financing of terrorism, equivalent to those adopted by the Union and international bodies active in this field, such as the Group of financial action task (force FATF).
3. the two parties shall encourage cooperation in the fight against money laundering and the financing of terrorism, including by implementing capacity-building projects.
ARTICLE 23 fight against organized crime and corruption 1.
The parties agree to cooperate in the fight against organized crime and corruption under the convention against transnational organized crime and its additional protocols, and the United Nations convention against corruption. This cooperation has aimed at the promotion and implementation of the conventions and other instruments to which they are parties.
2. According to the available resources, this cooperation includes measures and capacity-building projects.
3. the parties agree to cooperate in the level of their authorities, agencies and law enforcement and contribute to the judgment and the disappearance of the threats of transnational crime common to both parties under their respective laws. Cooperation between authorities, agencies and law enforcement agencies may take the form of a mutual assistance in investigations, sharing of investigative techniques, training and common education offered to the staff of law enforcement and any other type of activities and joint assistance services, including the national central bureaus of Interpol global police of Interpol I-24/7 communications system via existing or similar information exchange system to be fixed by mutual agreement between the parties.
ARTICLE 24 Protection of personal data 1. The parties agree to cooperate to increase the level of protection of personal data taking into account the international best practices, including those contained in the guidelines for the regulation of computerised records of personal data adopted by resolution 45/95 of Nations General Assembly United December 14, 1990.
2. the strengthening of the protection of data by the intensification of cooperation in the protection of the personal data includes, inter alia, technical assistance in the form of exchange of information and expertise, which may include, but not only, the following: a) the sharing and exchange of information, investigation, research, policies, procedures and best practices for data protection;
b) the Organization of or participation in training and joint educational programmes and dialogues and conferences aimed at raising awareness to the privacy of both parties;
(c) the exchange of professionals and experts to examine data protection policies).
ARTICLE 25 refugees and internally displaced persons the parties shall endeavour to pursue, where appropriate, cooperation on matters relating to the well-being of the refugees and displaced persons internal, taking into account the work and already provided assistance, including the search for durable solutions.
Title V COOPERATION on MIGRATION and labour MARITIME ARTICLE 26 Cooperation on migration and development 1. The parties reaffirm the importance of a common management of migration flows between their territories. In order to strengthen cooperation, the parties shall establish a mechanism for dialogue and consultation on questions of migration. Migration issues are integrated into national strategies / the framework of national development for the socio-economic development of the countries of origin, transit and
destination of migrants.
2. cooperation between the parties is based on an assessment of needs conducted in mutual consultation and mutual agreement between the parties and is implemented in accordance with national laws of EU and relevant date. It will particularly focus on: has) the factors of boost and attraction of migration;
b) the development and implementation of legislation and national practices relating to the protection and the rights of migrants, to comply with the provisions of relevant international instruments that guarantee respect for the rights of migrants;
c) the development and implementation of legislation and practice in international protection, to meet the provisions of the Convention relating to the status of refugees signed on 28 July 1951, the Protocol y relative signed on 31 January 1967 and other applicable international instruments, and to ensure respect for the principle of non-refoulement;
(d) the rules of admission and the rights and status of persons admitted, the application of treatments and fair tracks for the integration of non-residents citizens legal, education and training as well as measures to combat racism, discrimination and xenophobia;
(e) the establishment of an effective and preventive control policy against the presence on their territory of nationals of the other party who does not, or the conditions for entry, stay or residence on the territory of the party concerned, trafficking and trafficking in human beings human, including the means to fight against the networks of smugglers and traffickers humans and protect the victims of these practices;
(f) the return of the persons referred to in paragraph 2, point e), of this article, in human and dignified conditions and the promotion of their voluntary and sustainable return in countries of origin, and their admission/readmission under paragraph 3 of this article. The return of these persons is carried out in the respect of the right of the parties to grant permits or permissions as part of a stay for compassionate reasons or humanitarian residence and the principle of non-refoulement;
(g) issues considered as having a common interest in the field of visas, the security of the travel documents and of the management of borders;
h) issues of migration and development, including the development of human resources, social protection, the maximization of the benefits of migration, gender and development, ethical recruitment and circular migration as well as the integration of migrants.
3. cooperation in this area and without prejudice to the need to protect the victims of trafficking in human beings, the parties agree in addition to the following: a) the Philippines readmit any national referred to in paragraph 2, point e), of this article and present on the territory of a Member State on request of the latter , within a reasonable time, once nationality has been established and that the rules of procedure have been met in the State Member;
b) each Member State shall readmit any national referred to in paragraph 2, point e) of this section and present on the territory of the Republic of the Philippines upon request thereof, within a reasonable time, once nationality has been established and that the rules of procedure have been complied with in the Republic of the Philippines;
(c) Member States and the Philippines will provide their nationals documents necessary for these purposes. Any request for admission or readmission is transmitted by the requesting State to the competent authority of the requested State.
If the person concerned has no document appropriate ID or other proof of nationality, the Philippines or the Member State asked immediately the consular or diplomatic competent to establish nationality, applicable during an interview; and once it was established that the person concerned is a national of the Philippines, or of the Member State, the appropriate documents are submitted by the competent authorities of the Philippines, or of the Member State.
4. the parties agree to conclude, as soon as possible, an agreement for admission / readmission of their nationals, including a provision relating to the readmission of nationals of other States and stateless persons.
ARTICLE 27 maritime labour, education and training 1. The parties agree to cooperate in the field of maritime labour in order to promote and defend decent living and working conditions for seafarers, security and the protection of seafarers, safety at work and programs and policies on health.
2. in addition, the parties agree to cooperate in the field of maritime education, training and the granting of patents to seafarers in order to ensure the safety and efficiency of marine operations and to prevent harm to the environment;
This includes upgrading the skills of crews to adapt them to the new requirements of the fishing sector's technological advances.
3. the parties abide by and observe the principles and the provisions of the UN Convention on the law of the Sea 1982, particularly as regards the rights and obligations of each party in relation to conditions of work, the crew and the social issues on ships flying their flag; the International Convention on standards of training, sea, issuing patents and Eve (STCW Convention) as amended, regarding the training of seafarers and the skills requirements;
as well as the principles and the provisions of relevant international instruments to which they are parties.
4. cooperation in this area must be based on mutual consultation and dialogue between the parties and be focused, inter alia, on: has) education and training in the maritime sector;
b) the exchange of information and assistance in maritime activities;
c) learning methods and best practices in terms of training;
(d) programmes to fight against piracy and terrorism at sea;
(e) the right of seafarers to a safe and secure workplace, to decent living and working conditions on board ships, health protection, medical care, welfare measures and other forms of social protection).
Title VI Economic and COOPERATION to development, and other sectors ARTICLE 28 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, under article 26, paragraph 2, point b), health and safety at work, development of skills, 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 a basis for sustainable development and poverty reduction, as established by resolution 60/1 of the General Assembly of the United Nations of 24 October 2005 (2005 World Summit outcome) and the Ministerial Declaration of the United Nations ECOSOC high-level segment July 2006 (ECOSOC United Nations E/2006/L.8 of July 5, 2006). The parties reflect their respective characteristics and their different socio-economic situations.
3 reaffirming their commitment to respect, promote and implement social and labour standards internationally recognized, including as set out in the Declaration on the fundamental principles and rights at work of the international organization of labour (ILO) and the conventions of the ILO in which they are involved, the parties agree to cooperate on projects and specific technical assistance programmes subject to mutual agreement. Similarly, the parties agree to establish a dialogue, cooperation and initiatives on topics of common interest on the bilateral or multilateral level, including at the level of the United Nations, the IOM, the ILO, the ASEM and EU-ASEAN relations.
ARTICLE 29 Cooperation to development 1. The development cooperation has for main objective the promotion of sustainable development, which will contribute to reducing poverty and achieving development goals adopted at the international level, including the Millennium development goals. The parties shall establish a regular dialogue on development cooperation, in respecting their priorities and areas of mutual interest.
2. the dialogue on development cooperation will particularly focus on: has) the promotion of social and human development;
(b) the achievement of a comprehensive and sustainable economic growth;
(c) the promotion of environmental sustainability and sustainable management of natural resources, including the promotion of best practices;
d) reducing the impact of climate change and the management of their consequences;
e) capacity-building to promote the integration into the world economy and the international trading system;
f) the promotion of the reform of the public sector, particularly in the field
the management of public finances, in order to improve the provision of social services;
g) process consistent with the principles of the Paris Declaration on the effectiveness of aid, the programme of action of Accra and other international commitments to improve the delivery and effectiveness of the aid.
ARTICLE 30 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 with respect 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.
ARTICLE 31 civil society parties acknowledge the role and potential contribution of civil society in democratic governance and agree to promote effective dialogue and interaction with this same organised civil society, in accordance with the national legislation of the parties.
SECTION 32 1 of disaster risk management. The parties agree to strengthen cooperation at the level of the management of disaster risk (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. It is important to give priority to preventive measures and proactive approaches to management of hazards and risks and to reduce the risks or vulnerabilities related to natural disasters.
2. the parties shall cooperate to ensure that the RCMP is an integral part of both development and decision-making processes related to natural disasters.
3. cooperation in this field focuses on the following elements of the program: a) mitigation and prevention or the reduction of disaster risk;
b) knowledge management, innovation, research and education to build a culture of safety and resilience at all levels;
(c) the preparation in anticipation of disasters;
d) strengthening policies and institutional capacity-building and the search for a consensus for the management of risks;
e) measures to be taken in the event of disaster;
f) assessment and control of disaster risk;
(g) planning the post-disaster recovery and rehabilitation;
h) adaptation to climate change and mitigating its effects.
ARTICLE 33 energy 1. The parties shall endeavour to improve cooperation in the energy sector so: has) to establish conditions conducive to investment, especially in infrastructure, as well as a level of fair competition in the field of renewable energy;
(b) to diversify their energy sources to improve energy security by developing new, sustainable, innovative and renewable forms of energy and supporting the institutionalization of appropriate strategic frameworks in order to establish a level of fair competition for renewable energies and its integration in the areas of action concerned;
c) to develop convergent energy standards, in particular for biofuels and other alternative fuels, and to set up facilities and practices in this area;
(d) to achieve a rational use of energy by promoting energy efficiency and control at the level of production, transport, distribution and end use of energy;
(e) promote the transfer of technology between the parties for production and use sustainable energy). To do this, should establish appropriate cooperation, particularly at the level of reforms in the sector of energy, development of energy resources, infrastructure downstream and the development of biofuels;
(f) to work towards the strengthening of capacity-building in all areas covered by this article and to establish an environment conducive to investment and attractive reciprocal through a coherent dialogue aimed at establishing a stable, transparent, open and non-discriminatory investment regulation and explore some administrative mechanisms to facilitate the flow of investment, in accordance with the legislation and national regulations of the parties.
2. at this end, the parties agree to promote contacts and research common to their mutual advantage, including through relevant international and regional frameworks. Under article 34 and the conclusions of the World Summit on sustainable development (WSSD) which was held in Johannesburg in 2002, the parties underline the need to discuss links between the affordable access to energy services and sustainable development. These activities may be promoted in cooperation with the European Union energy initiative, launched at the WSSD.
3. faithful to the commitments they have made in their capacity as parties to the framework convention of the United Nations on climate change aimed at combating climate change, the parties agree to promote technical cooperation and the private partnerships relating to sustainable and renewable energies, the passage to other fuels and energy efficiency projects grssce to flexible mechanisms based on the market such as the mechanism of the carbon market.
ARTICLE 34 environment and natural resources 1. The parties agree that cooperation in this area promotes the safeguarding and improvement of the environment, in a purpose of sustainable development. The implementation of the conclusions of the WSSD and the multilateral environmental agreements relevant involving both parties is taken into account in all activities undertaken by the parties under this agreement.
2. the parties agree on the need to preserve and sustainably manage natural resources and biodiversity for the benefit of all generations, in accordance with their development needs.
3. the parties agree to cooperate to strengthen mutual support to trade and environmental policies the integration of environmental considerations into all areas of cooperation.
4. the parties shall endeavour to continue and strengthen their cooperation in regional programmes related to the protection of the environment in relation to: has) awareness of environmental issues and the strengthening of local participation in the protection of the environment and the efforts towards sustainable development, including the participation of indigenous cultural communities/indigenous peoples and local communities;
b) the strengthening of capacities in the area of adaptation to climate change, mitigation of its effects and its energy efficiency;
c) capacity-building for participation in multilateral agreements on the environment and implementation of these agreements, including, but not only, those relating to biodiversity and biosafety;
d) the promotion of technologies, products and environmentally friendly services, including through the use of regulatory and market mechanisms;
e) the enhancement of natural resources, including the forest governance and combating illegal logging and the associated trade and the promotion of natural resources and sustainable forest management;
(f) the effective management of national parks and protected areas as well as the designation and protection of areas of biodiversity and fragile ecosystems, in compliance with local and indigenous communities living in these areas or nearby).
(g) the prevention of illegal cross-border movements of solid and hazardous waste and other waste;
h) the protection of the coastal and marine environment and the effective management of water resources;
i) the protection and conservation of soils, sustainable exploitation of land as well as the exhausted/abandoned mines rehabilitation;
(j) the promotion of the strengthening of capacity-building in disaster reduction and risk management);
k) the promotion of sustainable consumption and production in their economies.
5. the parties shall encourage mutual access to the programs that they have set up in this area, the specific manner provided in these programs.
ARTICLE 35 Agriculture, fishing and rural development the parties agree to promote dialogue and cooperation aimed at sustainable development in agriculture, fishing and rural development. This dialogue may in particular cover the following areas: a) the agricultural policy and international agricultural Outlook in general;
(b) the possibilities for simplification of trade in plants, animals, aquatic animals and their products, in compliance with the relevant international conventions to which the parties involved, including the IPPC and the OIE;
(c) the welfare of the animals;
(d) the development policy in rural areas);
e) policy of quality plants
and animals and aquatic animal products, and in particular geographical indications;
f) the promotion of sustainable and agriculture respectful of the environment, agro-industry; biofuels and the transfer of biotechnology
(g) the protection of plant species, the seed technology, increasing productivity, alternative culture techniques and agricultural biotechnology;
(h) the creation of databases on agriculture, fisheries and rural development);
(i) the strengthening of human resources in the field of agriculture, Veterinary Affairs and fisheries);
j) support a sustainable policy and responsible long-term marine and fishing including fishing techniques, conservation and management of coastal and marine resources on the high seas;
(k) support for efforts to combat against illegal fishing, unreported and unregulated practices and trade associated with it;
(l) the measures relating to the exchange of experiences and partnerships, the creation of joint ventures and cooperation networks between local agents or traders, including measures to facilitate access to financing in areas such as research and technology transfer;
(m) strengthening of producer associations and trade promotion actions.
ARTICLE 36 regional development and cooperation 1. The parties shall promote mutual understanding and bilateral cooperation at the level of regional policy.
2. the parties shall encourage and intensify the exchange of information and cooperation in regional policy, with emphasis on the development of disadvantaged regions, links between urban and rural areas and rural development.
3. regional policy cooperation may take the following forms: a) methods of formulation and implementation of regional policies;
(b) governance and partnership at various levels;
(c) relations between urban and rural areas;
(d) rural development, including through initiatives to facilitate access to financing and sustainable development;
ARTICLE 37 industrial policy and cooperation between SMEs the parties, taking account of their policies and respective economic goals, agree to boost cooperation on industrial policy in all fields as they deem appropriate, to establish a climate conducive to economic development and to improve the competitiveness of the industries, in particular small and medium-sized enterprises (SMEs), including as follows (: a) by promoting the establishment of networks linking economic operators, in particular SMEs, in order to exchange information and experiences, to identify opportunities in areas of common interest, transfer technologies and boosting trade and investment.
b) by exchanging information and sharing experiences on the creation of conditions frames to create an environment for enterprises, in particular SMEs, to improve their competitiveness;
(c) by encouraging the participation of both parties in pilot projects and specific programs to the conditions they expect;
(d) by promoting investment and joint ventures in order to stimulate the transfer of technology, innovation, modernization, diversification and quality initiatives;
(e) providing information, by stimulating innovation and sharing best practices on access to financing, especially for small and micro-enterprises;
(f) in promoting corporate social responsibility and their obligation of accountability and by encouraging sustainable business practices responsible, notably regarding consumption and production;
g) developing joint research projects in specific industrial sectors and cooperating within the framework of projects of capacity-building, including on standards and technical regulations and conformity assessment procedures, as mutually agreed.
ARTICLE 38 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 the safety and maritime and air Security Act on the environmental impact of transport and increase the efficiency of their transport systems.
2. cooperation between the parties in this area intends to promote: a) Exchange information on their policies, regulations and practices in transport, in particular with regard to rural, urban, maritime and air transport, the transport logistics and the interconnection and interoperability of networks of multimodal transport and the management of roads, railways ports and airports;
b) exchange of views on the European navigation system by satellite (in particular Galileo), with emphasis on issues of common interest concerning regulatory, industrial development and the development of the market;
(c) the continuation of dialogue on the air services in order to ensure legal certainty without undue delay of the existing bilateral agreements in the field of air services between each Member State and the Philippines;
d) the continuation of dialogue on the strengthening of networks and infrastructure operations of air transport for a fast, efficient, sustainable, safe and secure movement of goods and persons, as well as the promotion of the implementation of the right to competition and economic regulation of the air transport sector, to facilitate the regulatory convergence and boost business;
and examination of the possibilities of intensification of relations in the field of air transport. Should further promote cooperation in air transport projects that are of common interest;
(e) the dialogue concerning services and maritime transport policies, especially to promote the development of shipping, namely, but not exclusively: i) exchange of information on legislation and regulations relating to maritime transport and ports;
(ii) the promotion of unrestricted access to the international maritime market and trade on a commercial basis, not permitting the introduction of cargo-sharing clauses, national treatment, and the clause of the most favoured nation (MFN) for the ships operated by nationals or companies of the other party and issues related to door-to-door transport services involving maritime transport , in compliance with the national legislation of the parties;
(iii) the effective administration of ports and the effectiveness of maritime transport services; and (iv) the promotion of cooperation of mutual interest in maritime transport and areas of maritime labour, education and training referred to in article 27;
(f) a dialogue on the effective implementation of the standards of security, safety and pollution prevention in public transport, including maritime transport, in particular the fight against piracy, and air transport, in accordance with the standards and to the relevant international conventions to which they are parties; This dialog includes cooperation within international bodies concerned in order to ensure a better application of international regulations. To this end, the parties undertake to promote cooperation and technical assistance on issues related to the safety, security and the environment in the field of transport, including, but not only, in relation to education and training in maritime and air transport, search and rescue and investigations into accidents and incidents. The parties also focus on the promotion of environmentally-friendly transport modes.
ARTICLE 39 scientific and Technological Cooperation 1. The parties agree to cooperate in the field of science and technology, taking into account their respective policy objectives.
2. this cooperation will aim: a) to encourage the exchange of information and know-how in the field of science and technology, in particular with regard to the implementation of policies and programmes as well as respect for the rights of intellectual property in the research and development;
(b) to promote long-lasting relationships and research partnerships between the scientific communities of the parties, the research centres, universities and industry;
c) to promote the training of human resources and strengthening technological capabilities and research.
3. the cooperation will 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.
The parties may agree on other modes of cooperation.
4. these cooperation activities should be based on the principles of reciprocity, fair treatment and mutual benefit and
adequate protection of intellectual property. Issues relating to the intellectual property rights raised under the co-operation agreement may, where appropriate, be the subject of negotiations between the relevant agencies or groups concerned before the beginning of cooperation activities and can address the subject of copyright, trademarks and patents, in light of the legislation and regulations of the parties.
5. the parties shall encourage the participation of their respective higher education institutions of their research and their respective production sectors, particularly SMEs centres.
6. the parties agree to implement everything to raise public awareness to the opportunities offered by their respective programmes for scientific and technological cooperation.
ARTICLE 40 co-operation for technologies of information and communication 1. Recognizing that information and communication (ICT) technology 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 focuses on: has) participation in a regional dialogue deepened on various aspects of the information society, in particular policies and regulations relating to electronic communication including universal service, licensing, and general authorisations, the independence and the efficiency of the supervisory authority, e-governance, research and services based on ICT;
b) interconnection and interoperability of networks (including TEIN) and services of the parties and the South-East Asia;
c) standardization and dissemination of new and emerging technologies in the field of ICT;
d) the promotion of cooperation in research at the level of ICT, on subjects of common interest to the parties;
e) sharing best practices to reduce the digital divide;
f) the development and implementation of strategies and mechanisms for security of ICT and fight against cybercrime;
g) sharing of experiences regarding the deployment of digital television, the regulatory aspects, spectrum management and research;
h) promotion of efforts and sharing of experiences in the development of human resources in the field of ICT.
ARTICLE 41 audiovisual, media and multimedia the parties encourage, support and facilitate exchanges, cooperation and dialogue between their institutions and agents involved in the field of audiovisual, media and multimedia. They agree to establish a regular political dialogue on the subject.
ARTICLE 42 Cooperation in tourism 1. Under the Global Code of ethics for tourism of the world Organization of tourism and the principles of sustainability at the base of the local Agenda 21 process, the parties attempt to improve the exchange of information and establish best practices in order to ensure a balanced and sustainable tourism development.
2. the two parties agree to a dialogue aimed at facilitating cooperation and including technical assistance in the field of training of human resources and the design of new technologies, in accordance with the principles of sustainable tourism.
3. 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, including through 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 43 Cooperation in financial services 1. The parties agree to strengthen cooperation in order to bring the rules and common standards and improve the accounting, auditing and supervisory and regulatory systems in the areas of Bank and insurance as well as in other segments of the financial sector.
2. in this context, the parties recognize the importance of technical assistance and capacity-building measures.
ARTICLE 44 good governance in taxation 1. To strengthen and develop economic activities taking into account the need to develop an appropriate regulatory framework, the parties recognize and apply the principles of good governance in taxation.
For this purpose, in accordance with their respective powers, they will improve international cooperation in the field of taxation, will facilitate the collection of legitimate tax revenue and develop measures for the effective implementation of the above principles.
2. the parties agree that the implementation of these principles will be carried out through existing and future bilateral tax treaties between the Philippines and the Member States.
ARTICLE 45 health 1. The parties acknowledge and affirm the paramount importance of health.
Therefore, they agree to cooperate on health in areas such as the reform of the system of health care, tackling major contagious diseases and other threats to health, non-communicable diseases and international agreements for the improvement of health and the sustainable development of the health sector on the basis of mutual benefits.
2. cooperation will materialize by: a) of programmes relating to the areas referred to in paragraph 1 of this article, including the improvement of health systems, the provision of health services, the reproductive health services for women and poor and vulnerable communities health governance, including better management of public finance, the financing of health care health infrastructure and information systems, and management of health care;
(b) joint activities in the field of epidemiology and surveillance, including the exchange of information and collaboration on early prevention of threats to health such as the avian flu virus and the virus causing a pandemic of influenza and other communicable diseases;
(c) the prevention and control of noncommunicable diseases by exchanging information and good practices, the promotion of a healthy lifestyle, support of the determinants for health, such as food, drug addiction, alcoholism and smoking and the development of research programmes on health in accordance with article 39, and health promotion programs;
d) the promotion of the implementation of the international agreements to which they are parties, including the framework Convention for tobacco control and the international health regulations;
(e) other programmes and projects aimed at the improvement of health services and the increase in human resources at the level of health and health conditions, systems agreed by common accord.
ARTICLE 46 Education, culture, inter-cultural and inter-religious dialogue 1.
The parties agree to promote cooperation in the field of education, sports, culture and religion taking due account of their diversity, in order to improve their mutual understanding and knowledge of their respective cultures. To this end, the parties support and promote the activities of their cultural institutes.
2. in addition, the parties agree to establish a dialogue on issues of common interest relating to the modernization of educational systems, including those related to the basic skills and the development of assessment instruments comply with European standards.
3. the parties shall endeavour to take appropriate measures to promote interpersonal contacts in education, sports and cultural exchanges as well as intercultural and interreligious dialogues as well as developing common initiatives in various socio-cultural fields, including cooperation in heritage preservation, in respect of cultural diversity. In this regard, the parties also agree to continue to support the activities of the Asia-Europe Foundation and the interreligious dialogue of the ASEM.
4. the parties agree to consult and cooperate within the instances or relevant international organizations, including Unesco, in order to pursue common objectives and promote an understanding and respect for cultural diversity. In this context, the parties 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.
5. the parties further emphasis on measures designed to strengthen the links between their relevant respective agencies for the exchange of information, know-how between experts, young people and young workers (students or graduates) and on leveraging their respective programmes in education and culture, such as the Erasmus Mundus programme, and the experience that both parties have gained.
ARTICLE 47 statistics parties
agree to promote, in accordance with existing EU statistical cooperation activities European and ASEAN, the strengthening of statistical capacity-building, harmonization of the statistical methods and practices, including the collection and dissemination of statistics, allowing them to use, on a mutually acceptable basis, statistics on, inter alia, national accounts, foreign direct investment, information and communication technologies , trade in goods and services and, more generally, on any other area covered by this agreement which lends itself to the collection, analysis and dissemination of statistics.
Title VII institutional section 48 Joint Committee 1. Part this agreement, the parties agree to establish a Joint Committee composed of representatives of the two parties at the level of senior officials, which will be responsible for: a) ensure the proper functioning and the proper application of the agreement;
(b) prioritize the objectives of the agreement;
(c) make recommendations for promoting the objectives of this agreement.
2. the Joint Committee normally meets at least once every two years in the Philippines and the European Union, alternately, at a date to be fixed by mutual agreement. Extraordinary sessions of the Joint Committee may also be convened on agreement of the parties. Is chaired alternately by each of the parties. The agenda of the meetings of the Joint Committee is established by a mutual agreement between the parties.
3. the Joint Committee creates subcommittees specialty, responsible for all the areas covered by this agreement, and in order to assist it in the performance of its tssches. These sub-committees have detailed reports of their activities to the Joint Committee at each of its meetings.
4. the parties agree to instruct the Joint Committee to ensure the proper functioning of any agreement or sectoral protocol concluded or to be concluded between the parties.
5. the Joint Committee shall establish its internal rules.
Title VIII final provisions ARTICLE 49 future developments Clause 1.
The parties may, by mutual consent and on the recommendation of the Joint Committee, expand this agreement in order to enhance the level of cooperation, including terms of agreements or protocols on areas or specific activities.
2. in the framework of the implementation of this agreement, each of the two parties can offer suggestions to extend the scope of cooperation, taking into account the experience gained in its implementation.
ARTICLE 50 resources for cooperation 1. The parties agree, to the extent permitted by their resources and their respective regulations to provide appropriate, financial and other means to enable the realization of the cooperation objectives set out in this agreement.
2. the parties shall establish a financial assistance in accordance with the principles of sound financial management and cooperate to protect their financial interests. The parties shall take effective measures of prevention and fight against fraud, corruption and other illegal activities, including by establishing a mutual assistance in the areas covered by this agreement, and this in compliance with their legislation and their respective regulations. Any other agreement or instrument adopted by the parties will include specific clauses of financial cooperation with regard to controls, inspections and audits on the spot as well as measures against fraud, including notably those conducted by the European anti-fraud Office (OLAF) and the Philippine police authorities concerned.
3. the parties shall encourage the European Investment Bank (EIB) to continue its operations in the Philippines, in accordance with its procedures and its funding criteria, the framework agreement signed by the EIB and the Philippines and the national legislation of the Philippines.
4. the parties may decide to extend their financial support to the activities of cooperation in the fields covered by this agreement or related to it, in accordance with their respective financial resources and procedures. These cooperation activities include, but not only, the initiatives of strengthening capacity-building and technical cooperation, the exchange of experts, studies, the establishment of legal, application and regulatory frameworks conducive to transparency and accountability as well as other activities agreed to by the parties.
ARTICLE 51 facilities to facilitate the cooperation under this agreement, both parties agree to provide the necessary facilities for the performance of the tssches of officials and experts involved in the implementation of cooperation, in accordance with the national/domestic legislation and rules and internal regulations of both parties.
ARTICLE 52 other agreements 1. Without prejudice to the relevant provisions of the Treaty on the Union European and the Treaty on the functioning of the Union European, neither this agreement nor any action carried out in the context of the latter do affect the power of the parties to undertake actions of bilateral cooperation or to conclude, where appropriate, new agreements for partnership and cooperation between the Philippines and the individual members States.
2. the agreement does not affect the application or implementation of the commitments made or to be made by each party in its relations with third parties.
ARTICLE 53 the obligations 1. The parties shall take general or specific measures required for the implementation of the obligations under this agreement. They shall achieve the objectives set by this agreement.
2. each party may refer to the Joint Committee any dispute relating to the application or interpretation of this agreement.
3. If one of the parties considers that the other has not met any of the obligations under this agreement, it may take the measures that are needed. Previously, it provides, except in cases of special urgency referred to in paragraph 5 of this article, to the Board all the information required for a thorough examination of the situation with a view to seeking a solution acceptable to the parties.
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 purpose of the correct interpretation and practical application of this agreement, that "cases of special urgency" referred to in paragraph 3 of this article mean cases of material breach of the agreement by one of the parties. A material breach of the agreement consists in: a) a repudiation of the agreement not sanctioned by the General rules of international law or b) a violation of the essential elements of the agreement, namely article 1, paragraph 1 and article 8, paragraph 2.
Before applying the measures provided for in these cases of special urgency, one of the parties may request the urgent convening of a meeting of the two parties. In this case and within a period of 15 days, unless the parties agree to a further period not exceeding 21 days, a meeting examines the situation in detail in order to find a solution acceptable to the parties.
ARTICLE 54 Definition of the parties for the purposes of this agreement, the term "parties" means, on the one hand, 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 Republic of the Philippines.
ARTICLE 55 territorial Application this Agreement shall apply to the territories where the Treaty on the Union European applies and under the conditions laid down in that Treaty, on the one hand, and to the territory of the Philippines, other hand ARTICLE 56 Notifications notifications made in accordance with article 57 are addressed respectively to the Secretary-General of the Council of the Union European and the Ministry of Foreign Affairs of the Philippines respectively through diplomatic channels.
ARTICLE 57 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. changes to this agreement are made by mutual consent between the parties. The amendments come into force in accordance with paragraph 1 of this article and only after the last party has notified the other all necessary formalities.
4. it can be terminated this agreement by a party by means of a written notification to the other party of its desire to terminate it. The agreement shall cease to be applicable six months after receipt of the notification by the other party. Termination doesn't alter the agreed or ongoing projects in place under this agreement prior to its termination.
ARTICLE 58 text 1. This agreement is drawn up in duplicate in languages
German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Czech and Swedish, each of these texts being equally authentic.
2. the agreement was negotiated in English. Any linguistic divergence between the texts will be reported to the Joint Committee.
Done at Phnom Penh July 11, 2012.
Authentificaition Type de
AUTRICHE 11-07-2012 Notification
BELGIQUE 11-07-2012 Notification 13-05-2014
11-07-2012 Notification 21-11-2012
CHYPRE 11-07-2012 Notification
TCHEQUE 11-07-2012 Notification /
ALLEMAGNE 11-07-2012 Notification 29-04-2014
11-07-2012 Notification 01-04-2014
ESTONIE 11-07-2012 Notification
ESPAGNE 11-07-2012 Notification 28-05-2013
11-07-2012 Notification /
ROYAUME-UNI 11-07-2012 Notification
GRECE 11-07-2012 Notification /
11-07-2012 Notification 10-07-2013
ITALIE 11-07-2012 Notification
IRLANDE 11-07-2012 Notification /
11-07-2012 Notification 28-05-2013
LUXEMBOURG 11-07-2012 Notification
LETTONIE 11-07-2012 Notification 31-05-2013
11-07-2012 notification / Netherlands 11-07-2012 Notification 19-12-2012 PORTUGAL 11-07-2012 Notification 29-01-2014 PHILIPPINES 11-07-2012 Notification / Poland 11-07-2012 Notification / Romania 11-07-2012 Notification 15-05-2014 Sweden 11-07-2012 notice 12-02-2014 Finland 11-07-2012 Notification / Slovenia 11-07-2012 Notification / Slovakia 11-07-2012 notice 21-10-2013 EU 11-07-2012 Notification.