Law Approving The Framework 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, Done At Phnom Penh July 11, 2012 (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 République des Philippines, d'autre part, fait à Phnom-Penh le 11 juillet 2012 (1) (2)

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belgiquelex.be - Carrefour Bank of Legislation

6 JULY 2013. - An Act to Accredit the Framework Agreement for Partnership and Cooperation between the European Union and its Member States, on the one hand, and the Republic of the Philippines, on the other hand, done in Phnom Penh on 11 July 2012 (1) (2) (2)



ALBERT II, 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 the Republic of the Philippines, on the other hand, made in Phnom Penh on 11 July 2012, will emerge its full and complete 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 6 July 2013.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
Trade and European Affairs,
D. REYNDERS,
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2012-2013.
Senate
Parliamentary documents. - Bill tabled on 20 March 2013, No. 5-2024/1 - Report made on behalf of the commission, No. 5-2024/2.
Annales parliamentarians. - Discussion, meeting of May 2, 2013. - Vote, meeting of 2 May 2013.
House of Representatives
Parliamentary documents. - Project transmitted by the Senate, No. 53-2793/1. - Report made on behalf of the Commission, No. 53-2793/2. - Text adopted in plenary and subject to Royal Assent, No. 53-2793/3.
Annales parliamentarians. - Discussion, meeting of May 29, 2013. - Vote, meeting of 30 May 2013.
(2) See Decree of the Flemish Community/ Flemish Region of 22 November 2013 (Belgian Monitor of 7 January 2014 (Ed. 2)). Decree of the French Community of 4 July 2013 (Moniteur belge of 18 July 2013). Decree of the German-speaking Community of 23 September 2013 (Moniteur belge of 22 October 2013 (Ed. 2)). Decree of the Walloon Region of 10 July 2013 (Moniteur belge of 31 July 2013). Order of the Brussels-Capital Region of 26 July 2013 (Belgian Monitor of 3 September 2013). Common Community Commission Order of 27 February 2013 (Belgian Monitor of 2 April 2014)

AGREEMENT-CADRE
partnership and cooperation between the European Union and its member states, on the one hand, and the Republic of the Philippines, on the other.
The EUROPEAN UNION, 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, below referred to as "Member States",
on the one hand, and
THE REPUBLIC OF PHILIPPINES, hereinafter referred to as " Philippines",
on the other hand,
hereafter referred to as "Parties",
CONSIDERING the traditional bonds of friendship between the parties and the close historical, political and economic relations that unite them;
AYANT EGARD to the particular importance that the parties attach to the overall character of their mutual relations;
CONSIDERING that the parties consider this agreement to be part of a broader relationship between them and within the framework, inter alia, of agreements involving both parties;
REAFFIRMING the commitment of the parties to respect for democratic principles and human rights in accordance with the United Nations Universal Declaration of Human Rights and other relevant international human rights instruments, in which both parties participate;
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 international stability, justice and security cooperation to promote sustainable socio-economic development, poverty eradication and the achievement of the Millennium Development Goals;
CONSIDERING terrorism as a threat to global security and seeking to intensify dialogue and cooperation in the fight against terrorism, taking into account the United Nations Global Counter-Terrorism Strategy and the relevant United Nations Security Council instruments (UNSC), including UNSC resolutions 1373, 1267, 1822 and 1904;
Expressing their full commitment to the prevention and control of all forms of terrorism and the creation of effective international instruments to ensure its eradication;
REAFFIRMING that it is important for the parties that effective counter-terrorism measures and the protection of human rights complement and reinforce each other;
RECOGNIZING the need to strengthen and improve cooperation in combating illicit drug abuse and trafficking, given the serious threat they pose to international peace, security, stability and economic development;
RECOGNIZING that the most serious crimes of international concern in violation of international humanitarian law, genocide and other forms of crime against humanity should not remain unpunished and that such crimes should be prosecuted in order to promote international peace and justice;
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 UNSC resolution 1540 is the basis for the international community's commitment to the fight against the proliferation of weapons of mass destruction;
RECOGNIZING that the illicit trade in small arms and light weapons, including their ammunition, as well as inadequate management, insufficiently secured stocks and uncontrolled spread of such weapons continue to pose a serious threat to international peace, security and development;
RECOGNIZING the importance of the cooperation agreement of 7 March 1980 between the European Economic Community and the member states of the Association of Southeast Asian Nations and subsequent accession protocols;
RECOGNIZING the importance of strengthening existing relations between the parties with a view to improving cooperation between them and their common desire to consolidate, deepen and diversify their relations in areas of common 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 Southeast Asian Nations (ASEAN) and the European Union;
Expressing their full commitment to promoting sustainable development, including environmental protection and effective cooperation in combating climate change;
Acknowledging the importance of increased cooperation in the area of justice and security;
RECOGNIZING their commitment to conducting in-depth cooperation and dialogue on migration and development and to effectively promote and implement internationally recognized social and labour standards;
PRECISING 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 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 space of freedom, security and justice annexed to the Treaty on the European Union and The same provisions apply to Denmark in accordance with the Danish position protocol annexed to the said treaties;
RECOGNIZING the importance that the parties attach to the principles and rules that govern international trade, including the agreement establishing the World Trade Organization (WTO) and the need to apply them in a transparent and non-discriminatory manner;
CONFIRMING their desire to strengthen, in full conformity with the activities undertaken in a regional framework, cooperation between the parties, on the basis of common values and mutual benefit,
AGAINST THE PROVISIONS THAT SAY:
PART I
NATURE AND PORTEE
ARTICLE 1
General principles
1. Respect for the democratic principles and human rights enshrined in the Universal Declaration of Human Rights and other relevant international human rights instruments applicable to the parties and the rule of law principle, underpins 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 sustainable development, to cooperate in addressing the challenges of climate change and to contribute to the achievement of the internationally agreed development goals, including the Millennium Development Goals.
4. The parties reaffirm their commitment to the principle of good governance.
5. The parties agree that the cooperation provided for in this Agreement is in accordance with their respective national legislation, rules and regulations.
ARTICLE 2
Objectives of cooperation
In order to strengthen their bilateral relations, the parties undertake a thorough dialogue and further promote cooperation among themselves in all areas of common interest in accordance with this Agreement. Their efforts include:
(a) To establish cooperation on political, social and economic issues in all relevant regional and international forums and organizations;
(b) Establish cooperation in combating terrorism and transnational crime;
(c) establish human rights cooperation and a dialogue on the fight against serious crimes of international concern;
(d) Establish cooperation in combating the proliferation of weapons of mass destruction, small arms and light weapons and in promoting peace and conflict prevention processes;
(e) establish cooperation in all areas of common interest related to trade and investment in order to facilitate trade and investment flows and to remove barriers to trade and investment, in accordance with WTO principles and ongoing and future EU-ASEAN regional initiatives;
(f) To establish cooperation in the field of justice and security, including in the areas of judicial cooperation, illicit drugs, money-laundering, combating organized crime and corruption, data protection, refugees and internally displaced persons;
(g) establish cooperation in the field of migration and maritime labour;
(h) establish cooperation in all other areas 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 technologies (ICT), audiovisual, media and multimedia, science and technology, transport, tourism, education, culture
(i) promote the participation of both parties in 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 effective dialogue and interaction with organized civil society.
ARTICLE 3
Cooperation in regional and international organizations
The parties will continue to exchange their views and to cooperate in regional and international forums and organizations such as the United Nations and relevant agencies and agencies of the United Nations, including the United Nations Conference on Trade and Development (UNCTAD), the EU-ASEAN dialogue, the ASEAN Regional Forum (FRA), the Asia-Europe Summit (ASEM), the WTO, the International Organization for Migration (IPO)
ARTICLE 4
Regional and bilateral cooperation
For each area of dialogue and cooperation under this Agreement, while focusing on issues relating to EU-Philippines cooperation, both parties may also, by mutual agreement, cooperate through regional activities or by combining the two frameworks, taking into account the regional decision-making processes of the relevant regional grouping. In this regard, for the choice of the appropriate framework, the parties seek to maximize the impact on all concerned parties and to enhance their participation while making the best use of available resources and ensuring the coherence of other activities.
PART II
POLITICAL AND COOPERATION
ARTICLE 5
Peace process and conflict prevention
The parties agree to continue their collaborative efforts to promote the prevention of conflicts and the culture of peace, in particular, to programmes for the defence of peace and peace education.
ARTICLE 6
Human rights cooperation
1. The parties agree to cooperate in the promotion and effective protection of all human rights, including in the framework of international human rights instruments to which they are parties.
2. This cooperation will be carried out through activities agreed by the parties, including:
(a) support for the development and implementation of national human rights action plans;
(b) promoting awareness of human rights and education in this area;
(c) strengthening national human rights institutions;
(d) to the extent possible, assistance to the promotion of regional human rights institutions;
(e) the establishment of a useful dialogue between the parties on human rights; and
(f) cooperation within the United Nations human rights institutions.
ARTICLE 7
Serious international crimes
1. The parties recognize that the most serious crimes of international concern in violation of international humanitarian law, genocide and other forms of crime against humanity should not remain unpunished and that their repression should be ensured by taking the necessary measures at the national or international level, including by the International Criminal Court, under the national legislation of the parties.
2. The parties agree to engage in a beneficial dialogue on universal adherence to the Rome Statute of the International Criminal Court in accordance with their legislation, including assistance for capacity-building.
ARTICLE 8
Combating 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 to both State and non-State actors and by them constitutes 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 UNSC resolution 1540. The parties agree that this provision is an essential element of this agreement.
3. In addition, the parties agree:
(a) take the necessary steps to sign and ratify, in compliance with the ratification procedures specific to the parties, their obligations under other applicable international instruments, including relevant UNSC resolutions, or to accede to, as appropriate, and fully implement them;
(b) to develop an effective system of national export controls, which allows for the control of exports and transit of goods related to weapons of mass destruction and the final use of dual-use technologies, and which provides effective sanctions for violations of the export control regime.
The parties recognize that the implementation of export controls should not impede international cooperation for peaceful purposes in matters, equipment and technology, but that uses for peaceful purposes should not be used as a proliferation cover.
4. The parties agree to establish a regular political dialogue that will accompany and strengthen these elements. Parties can also establish a regional dialogue.
ARTICLE 9
Small arms and light weapons
1. The parties recognize that the illicit trade in small arms and light weapons (ALPC) and their ammunition, as well as their 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 respect and fully implement their respective obligations to combat the illegal trade of CLAs in all its forms, under existing international agreements and UNSC resolutions, as well as their commitments under other relevant international instruments in this field, including the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Forms.
3. The parties undertake to establish a regular political dialogue with the aim of exchanging views and information and developing a common vision on issues and problems related to the illicit trade in CLAs and strengthening the capacity of the parties to prevent, combat and eliminate such trade.
ARTICLE 10
Cooperation in combating terrorism
1. The parties reaffirm the importance of preventing and combating terrorism in accordance with their respective laws and regulations and in accordance with the rule of law, international law, in particular the Charter of the United Nations and the relevant resolutions of the UNSC, human rights, refugee law, international humanitarian law, the international conventions in which they participate, the global strategy against terrorism of the United Nations, adopted in resolution 60/28 of the General Assembly of the EU, as well as in resolution 60/28 of the EU.
2. To that end, the parties agree to cooperate as follows:
(a) Encouraging the implementation of relevant UNSC resolutions, including resolutions 1373, 1267, 1822 and 1904, and relevant international conventions and instruments;
(b) Encouraging cooperation among States members of the United Nations with a view to implementing the United Nations global strategy against terrorism;
(c) by exchanging information and strengthening cooperation and coordination in the enforcement of legislation using the existing national central offices of Interpol through the Interpol Global Police Communications System I-24/7;
(d) by exchanging information on terrorist groups and their support networks in accordance with international and national law;
(e) Exchange of views on the means and methods used to combat terrorism, including in the technical and training fields, and exchange of experiences in the area of prevention of terrorism and deradicalization;
(f) cooperating to deepen the international consensus on the fight against terrorism and the financing of terrorism and working swiftly to develop an agreement on the comprehensive convention against international terrorism, in order to complement the anti-terrorism instruments already established by the United Nations;
(g) sharing best practices in the protection of human rights in the fight against terrorism;
(h) by encouraging the implementation of the fight against terrorism and increased cooperation in this area within the framework of the ASEM and EU-ASEAN relations.
ARTICLE 11
Public administration cooperation
The parties agree to cooperate to build capacity in the field of public administration. Cooperation in this area includes the exchange of views on best practices related to management methods, service delivery, institutional capacity-building and transparency issues.
PART III
TRADE AND INVESTMENT
ARTICLE 12
General principles
1. The parties engage in a dialogue on bilateral and multilateral trade and trade-related issues with a view to strengthening bilateral trade relations and increasing the role of the multilateral trading system in promoting growth and development.
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 by working to remove barriers to trade, including non-tariff barriers, and taking measures to improve transparency, while taking into account the work of international organizations in this area.
3. Recognizing that trade plays an essential role in development and that aid in the form of trade preference schemes has contributed to the development of the developing countries that have benefited from it, the parties are striving to intensify consultations on this assistance in full compliance with WTO rules.
4. The parties are kept informed of developments in trade and trade policies such as agricultural policy, food security policy, consumer protection policy, environmental policy, including waste management.
5. The parties encourage dialogue and cooperation to improve their trade and investment relations and to seek solutions to trade problems and to address other trade concerns in the areas referred to in Articles 13 to 19.
ARTICLE 13
Health and phytosanitary issues
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, as prescribed by the WTO Agreement on the Application of Sanitation and Phytosanitary Measures (SPS Agreement), the International Plant Protection Convention (ICPA), the World Organisation for Animal Health (OIE) and the Codex Alimentarius Commission (Codex), including legislation, rules and regulations, as well as certification, approval procedures including
3. The parties agree to establish cooperation for capacity-building on health and phytosanitary issues and, where appropriate, on animal welfare.
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.
5. The parties shall select points of contact for the communication relating to the 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 trade development.
2. Parties contribute to promoting the use of international standards, cooperate and exchange information on standards, conformity assessment procedures and technical regulations, including in the context of the WTO Agreement on Technical Barriers to Trade (TBTO). To this end, the parties agree to establish, in due course, a dialogue on TBTs upon request of either of them and to select points of contact for communication relating to the issues under this section.
3. CTA cooperation can include dialogue, joint projects, technical assistance or capacity-building programs.
ARTICLE 15
Customs and trade facilitation
1. The parties share experiences and examine possibilities for simplification of import, export and other customs regimes, transparency of customs and trade regulations, customs cooperation and effective mechanisms for mutual administrative assistance, and also seek a convergence of views and joint action within the framework of relevant international trade facilitation initiatives. The parties are particularly committed to strengthening the security and safety dimension of international trade, ensuring the effectiveness and effectiveness of customs measures to enforce intellectual property rights and guarantee 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 examination of the conclusion of Customs cooperation and mutual assistance protocols within the institutional framework laid down by this Agreement.
3. The parties continue to mobilize technical assistance resources to support the implementation of cooperation on customs issues and trade facilitation under this Agreement, in accordance with agreed terms and conditions.
ARTICLE 16
Investment
The parties promote a greater flow of investment by creating an attractive and stable climate for mutual investment through a coherent dialogue to establish a regulation of stable, transparent, open and non-discriminatory investment, exploring administrative mechanisms to facilitate investment flows, in accordance with the national legislation and regulations of the parties.
ARTICLE 17
Competition policy
1. The parties contribute to promoting the establishment and maintenance of competition rules and the authorities responsible for implementing them. They encourage the effective, non-discriminatory and transparent application of these rules to promote legal security in their respective territories.
2. To this end, the parties strengthen their capacity in the field of competition policy based on the availability of funding for these activities provided by the parties' programmes and instruments of cooperation.
ARTICLE 18
Services
1. The parties agree to establish a coherent dialogue aimed, inter alia, at exchanging information on their respective regulatory environments, promoting access to their respective markets, including electronic commerce, and sources of capital and technology, and promoting trade in services between parties and third-country markets.
2. Recognizing the competitiveness of the services sector of each, the parties are committed to discussing how to take advantage of the opportunities offered by trade in services in their respective markets.
ARTICLE 19
Intellectual property rights
1. The parties reaffirm the importance they attach to the protection of intellectual property rights (IP) and undertake to take the necessary measures to ensure appropriate and effective protection and respect for these rights, ensuring that these measures are consistent with the best practices and international standards that the parties have committed themselves to.
2. The parties help each other to identify and implement IP-related programs that contribute to the promotion of technological innovation and the voluntary transfer of technology and human resources training and cooperate in the implementation of the World Intellectual Property Organization (WIPO) development agenda.
3. The parties agree to strengthen cooperation on geographical indications including their protection, as well as in the field of the protection of plant varieties, taking into account, where appropriate, the role of the International Union for the Protection of Plant Breeding (UPOV).
4. The parties exchange information and experiences on intellectual property practices and prevention of violations of IP rights (in particular the fight against counterfeiting and piracy), including through customs cooperation and other appropriate forms of cooperation, as well as the creation and strengthening of monitoring and protection organizations.
PART IV
COOPERATION IN MATIERE DE JUSTICE ET DE SECURITE
ARTICLE 20
Legal cooperation
1. The parties recognize the particular importance of the rule of law and the strengthening of all relevant institutions.
2. Cooperation between the parties also includes the exchange of information on best practices in legal systems and legislation.
ARTICLE 21
Cooperation in combating illicit drugs
1. The parties cooperate to ensure a balanced approach through effective coordination between the competent authorities, including the main drug control agency, and the sectors 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 their impact on consumers as a whole.
2. The parties agree on the modalities of cooperation to be implemented to achieve these objectives. The actions are based on common principles under the international conventions to which the parties participate, the political declaration and the statement on the directions to be followed in order to reduce the demand for narcotic drugs adopted by the 20th special session of the United Nations General Assembly on drugs in June 1998 and the political declaration and plan of action on international cooperation in the perspective of an integrated and balanced strategy to combat the world drug problem adopted at the high-level segment of March 2009.
3. Cooperation between the parties includes technical and administrative assistance, including in the following areas:
(a) the development of national legislation and policies;
(b) establishment of institutions and information centres;
(c) support for civil society efforts on drugs and efforts to reduce the demand for and damage to drugs;
(d) Staff training;
(e) the strengthening of law enforcement and the exchange of information in accordance with national legislation;
(f) drug research;
(g) The drug profile and prevention of the manufacture of dangerous/narcotic drugs and the diversion of controlled precursors, in particular substances necessary for the manufacture of illicit drugs;
(h) any other area agreed by the parties.
ARTICLE 22
Cooperation in combating money-laundering and the financing of terrorism
1. The parties agree on the need to work and cooperate in the prevention of money laundering from criminal activities such as drug trafficking and corruption.
2. Both parties agree to promote legal, technical and administrative assistance for the development and implementation of regulations and the effectiveness of mechanisms to combat money-laundering and the financing of terrorism. Cooperation will include 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, such as the Financial Action Group (FATF).
3. Both parties promote cooperation in combating money-laundering and the financing of terrorism, including through capacity-building projects.
ARTICLE 23
Combating organized crime and corruption
1. The parties agree to cooperate in the fight against organized crime and corruption under the United Nations Convention against Transnational Organized Crime and its Additional Protocols and the United Nations Convention against Corruption. This cooperation is aimed at the promotion and implementation of the conventions and other applicable instruments to which they are parties.
2. Depending on available resources, this cooperation includes capacity-building measures and projects.
3. The parties agree to cooperate at the level of their authorities, agencies and law enforcement agencies and to contribute to the arrest and disappearance of the threats of transnational crime common to both parties under their respective legislation. This cooperation between authorities, agencies and repression services may take the form of mutual assistance in investigations, sharing of investigative techniques, training and common teaching offered to law enforcement personnel and any other type of joint activities and assistance, including the existing national central offices of Interpol via the Interpol Global Police Communication System (Interpol I-24/7) or a similar system of exchange between parties
ARTICLE 24
Protection of personal data
1. The parties agree to cooperate to increase the level of personal data protection, taking into account best international practices, including those contained in the guidelines for the regulation of computerized personal data files adopted by UN General Assembly resolution 45/95 of 14 December 1990.
2. The strengthening of data protection through increased cooperation in the protection of personal data includes, among other things, technical assistance in the form of information and expertise exchange, which may include, but not limited to, the following:
(a) sharing and exchanging information, investigations, research, policies, procedures and best practices in data protection;
(b) the organization of and/or participation in joint educational training and programmes and in dialogues and conferences aimed at raising awareness of the data protection of both parties;
(c) the exchange of professionals and experts to review data protection policies.
ARTICLE 25
Refugees and internally displaced persons
The parties shall endeavour to continue, where appropriate, cooperation on issues relating to the well-being of refugees and internally displaced persons, taking into account the work and assistance already provided, including the search for durable solutions.
PART V
COOPERATION IN MATIERE DE MIGRATION ET DE TRAVAIL MARITIME
ARTICLE 26
Cooperation in migration and development
1. The parties reaffirm the importance of a common management of migratory flows between their territories. In order to strengthen cooperation, the parties establish a comprehensive dialogue and consultation mechanism on all migration issues. Migration issues are integrated into national strategies/national development framework for the socio-economic development of countries of origin, transit and destination of migrants.
2. Cooperation between the parties is based on an assessment of the specific needs carried out in mutual consultation and mutual agreement between the parties and is implemented in accordance with the relevant EU and national legislation in force. It will focus on:
(a) the push and attraction factors of migration;
(b) the development and application of national legislation and practices relating to the protection and rights of migrants, with a view to complying with the provisions of applicable international instruments that guarantee respect for the rights of migrants;
(c) the development and application of national legislation and practices on international protection, with a view to complying with the provisions of the Convention relating to the Status of Refugees signed on 28 July 1951, the Protocol thereto signed on 31 January 1967 and other applicable international instruments, and thus ensuring respect for the principle of non-refoulement;
(d) the rules of admission and the rights and statutes of persons admitted, the application of fair treatments and avenues for the integration of non-citizens residing in legal situations, education and training, and measures to combat racism, discrimination and xenophobia;
(e) the establishment of an effective and preventive policy to combat the presence in their territory of a national of the other party who does not meet or exceed the conditions of entry, residence or residence on the territory of the party concerned, against trafficking and trafficking in human beings, including the means to combat networks of smugglers and traffickers of human beings and to protect victims of such practices;
(f) the return of persons referred to in paragraph 2, item (e), of this article in human and dignified conditions and the promotion of their voluntary and sustainable return to the countries of origin, and their admission/readmission in accordance with paragraph 3 of this article. The return of these persons is carried out in accordance with the right of the parties to grant residence permits or permits in the context of a stay for reasons of goodwill or humanitarian and the principle of non-refoulement;
(g) issues considered to be of common interest in visas, travel document security and border management;
(h) migration and development issues, including human resources development, social protection, maximization of the benefits of migration, sex and development, ethical recruitment and circular migration, and integration of migrants.
3. In the context of cooperation in this area and without prejudice to the need to protect victims of human trafficking, the parties further agree that:
(a) The Philippines shall grant any national referred to in paragraph 2 (e), of this article and present in the territory of a Member State upon request of the Member State, within a reasonable time, as soon as the nationality has been established and the rules of procedure have been complied with in the Member State;
(b) each Member State shall reacquire any national referred to in paragraph 2 (e) of this article and present in the territory of the Republic of the Philippines upon request of the Republic of the Philippines, within a reasonable time, as soon as the nationality has been established and the rules of procedure have been complied with in the Republic of the Philippines;
(c) Member States and the Philippines will provide their nationals with the necessary documents for these purposes. Any application for admission or readmission shall be transmitted by the requesting State to the competent authority of the requested State.
If the person concerned does not have an appropriate identity document or other proof of nationality, the Philippines or the Member State shall immediately request the competent consular or diplomatic representative to establish nationality, if any, during an interview; and once it has been established that the person concerned is a national of the Philippines or the Member State, the appropriate documents are submitted by the competent authorities of the Philippines or the Member State.
4. The parties agree to conclude, as soon as possible, an admission/readmission agreement of their nationals, including a provision for the readmission of nationals from other States and stateless persons.
ARTICLE 27
Maritime work, education and training
1. The parties agree to cooperate in the field of maritime work in order to promote and defend decent living and working conditions for seafarers, safety and protection of seafarers, occupational safety and health programmes and policies.
2. In addition, the parties agree to cooperate in the field of maritime education, training and patenting to seafarers in order to ensure the safety and effectiveness of maritime operations and to prevent environmental damage; including the upgrade of crew skills to adapt them to the new requirements of the fishing sector and technological advances.
3. The parties respect and observe the principles and provisions of the 1982 United Nations Convention on the Law of the Sea, including with respect to the rights and obligations of each party in relation to the working conditions, crew and social issues on vessels flying their flag; the International Convention on Standards for the Training of Seafarers, the Granting of Patents and Watch (TSTCW Convention) as amended, as to the training of seafarers and skills requirements; and the principles and provisions of the applicable international instruments to which they are parties.
4. Cooperation in this area should be based on mutual consultation and dialogue between the parties and, inter alia, on:
(a) education and training in the marine sector;
(b) the exchange of information and assistance in marine activities;
(c) applied learning methods and best practices in terms of training;
(d) programmes to combat piracy and terrorism at sea;
(e) the right of seafarers to a safe and secure workplace, under decent living and working conditions on board ships, health protection, medical care, welfare measures and other forms of social protection.
PART VI
ECONOMIC AND COOPERATION FOR 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 in social and regional cohesion, under Article 26, paragraph 2 (b), occupational health and safety, skills development, 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 basis for sustainable development and poverty reduction, as established by General Assembly resolution 60/1 of 24 October 2005 (Final document of the 2005 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 their respective characteristics and their different socio-economic situations.
3. Reaffirming their commitment to respect, promote and implement internationally recognized labour and social standards, including set out in the Declaration on Fundamental Principles and Rights at Work of the International Labour Organization (ILO) and the ILO conventions in which they participate, the parties agree to cooperate on specific technical assistance projects and programmes agreed upon. Similarly, the parties agree to establish a dialogue, cooperation and initiatives on issues of mutual interest bilaterally or multilaterally, including at the level of the United Nations, IOM, ILO, ASEM and EU-ASEAN relations.
ARTICLE 29
Development cooperation
1. The main objective of development cooperation is the promotion of sustainable development, which will help to reduce poverty and achieve the internationally agreed development goals, including the Millennium Development Goals. The parties establish a regular dialogue on development cooperation, in accordance with their priorities and areas of mutual interest.
2. The dialogue on development cooperation will focus on:
(a) Promotion of social and human development;
(b) Achieving global and sustainable economic growth;
(c) Promotion of environmental sustainability and sustainable management of natural resources, including the promotion of best practices;
(d) reducing the impact of climate change and managing their consequences;
(e) capacity-building to promote integration into the global economy and the international trade system;
(f) promoting public sector reform, particularly in the area of public finance management, to improve the provision of social services;
(g) the development of 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 30
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 regarding 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.
ARTICLE 31
Civil society
The parties recognize the role and potential contribution of a civil society organized in democratic governance and agree to promote effective dialogue and interaction with the same organized civil society, in accordance with existing national legislation of the parties.
ARTICLE 32
Disaster risk management
1. The parties agree to strengthen cooperation in disaster risk management (CRM) by continuing to develop and implement measures to minimize the risk of communities and to manage the consequences of natural disasters at all levels of society. It is important to prioritize preventive measures and proactive approaches to risk and risk management and to reduce risks or vulnerabilities associated with natural disasters.
2. The parties work together to ensure that the RCMP is an integral part of the development plans and decision-making processes related to natural disasters.
3. Cooperation in this area focuses on the following elements of the programme:
(a) mitigation and prevention or reduction of disaster risk;
(b) knowledge management, innovation, research and education to build a culture of security and resilience at all levels;
(c) disaster preparedness;
(d) strengthening institutional policies and capacities and building consensus on risk management;
(e) Disaster response;
(f) Disaster risk assessment and control;
(g) planning for post-catastropha recovery and rehabilitation;
h) adaptation to climate change and mitigation.
ARTICLE 33
Energy
1. Parties shall endeavour to improve cooperation in the energy sector in order to:
(a) establish conditions conducive to investment, particularly in infrastructure, as well as a level of fair competition in the field of renewable energy;
(b) diversify their energy sources to improve energy security by developing new, sustainable, innovative and renewable energy forms and supporting the institutionalization of adequate strategic frameworks in order to establish a level of fair competition for renewable energy and its integration in the areas of action concerned;
(c) develop converging energy standards, particularly for biofuels and other alternative fuels, and establish facilities and practices in this regard;
(d) to achieve a rational use of energy by promoting energy efficiency and control in the production, transport, distribution and final use of energy;
(e) promote the transfer of technology between the parties' businesses for sustainable energy production and use. To this end, adequate cooperation is needed, including energy sector reforms, energy resource development, downstream infrastructure and biofuel development;
(f) to work in support of capacity-building in all areas covered by this Article and to establish an attractive and conducive environment for mutual investment through a coherent dialogue aimed at establishing a regulation of stable, transparent, open and non-discriminatory investment and to explore certain administrative mechanisms to facilitate investment flows, in accordance with national legislation and regulations of the parties.
2. To this end, the parties agree to promote common contacts and research to their mutual benefit, including through relevant regional and international frameworks. Under Article 34 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 in cooperation with the European Energy Union initiative, launched at the SMDD.
3. In keeping with the commitments they have made as parties to the UN Framework Convention on Climate Change to address climate change, the parties agree to promote technical cooperation and private partnerships through sustainable and renewable energy projects, the transition to other fuels and energy efficiency, as well as flexible market-based mechanisms such as the carbon market mechanism.
ARTICLE 34
Environment and natural resources
1. The parties agree that cooperation in this area promotes the preservation and improvement of the environment, with a view to sustainable development. The application of the SDS conclusions and relevant multilateral environmental agreements in which both parties participate is taken into account in all activities undertaken by the parties under this Agreement.
2. The parties agree that natural resources and biodiversity must be preserved and managed in a sustainable manner for the benefit of all generations, in accordance with their development needs.
3. The parties agree to cooperate with a view to strengthening mutual support for trade and environmental policies, integrating environmental considerations in all areas of cooperation.
4. Parties shall endeavour to continue and strengthen their cooperation in regional environmental protection programs with respect to:
(a) raising awareness of environmental issues and strengthening local participation in environmental protection and sustainable development efforts, including participation of indigenous peoples/indigenous cultural communities and local communities;
(b) capacity-building in climate change adaptation, mitigation and energy efficiency;
(c) capacity-building for participation in and implementation of multilateral environmental agreements, including, but not limited to, those related to biodiversity and biosecurity;
(d) the promotion of environmentally friendly technologies, products and services, including through the use of regulatory and market mechanisms;
(e) the development of natural resources, including forest governance and combating illegal exploitation and associated trade and the promotion of sustainable natural resources and forest management;
(f) the effective management of national parks and protected areas, as well as the designation and protection of biodiversity areas and fragile ecosystems, in accordance with local and indigenous communities living in or near these areas;
(g) Prevention of clandestine cross-border movements of solid and hazardous wastes and other types of waste;
(h) the protection of the coastal and marine environment and the effective management of water resources;
(i) the protection and conservation of soils, the sustainable use of land and the rehabilitation of landmines exhausted/abandoned;
(j) Promoting capacity-building in disaster management and risk management;
(k) Promoting sustainable consumption and production patterns in their economies.
5. 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.
ARTICLE 35
Agriculture, fisheries and rural development
The parties agree to promote dialogue and cooperation aimed at sustainable development in agriculture, fisheries and rural development. This dialogue may include:
(a) agricultural policy and international agricultural perspectives in general;
(b) opportunities for simplification of trade in plants, animals, aquatic animals and their products, in accordance with the applicable international conventions to which the parties participate, including the IPPC and the OIE;
(c) animal welfare;
(d) Development policy in rural areas;
(e) quality policy for plants and products derived from aquatic animals and animals, and in particular geographical indications;
(f) promoting sustainable and environmentally friendly agriculture, agro-industry, biofuels and the transfer of biotechnology;
(g) the protection of plant species, seed technology, increased productivity, alternative cultivation techniques and agricultural biotechnology;
(h) the creation of databases on agriculture, fisheries and rural development;
(i) strengthening human resources in the field of agriculture, veterinary affairs and fisheries;
(j) support for a long-term sustainable and responsible policy of the marine environment and fisheries, including fishing techniques, the conservation and management of coastal and marine resources on the high seas;
(k) Support for efforts to combat illegal, unreported and unregulated fishing practices and related trade;
(l) measures relating to the exchange of experiences and partnerships, the creation of joint ventures and networks of cooperation between local agents or economic operators, including measures to promote access to financing in areas such as research and technology transfer;
(m) strengthening of producer associations and trade promotion activities.
ARTICLE 36
Regional development and cooperation
1. The parties promote mutual understanding and bilateral cooperation at the regional policy level.
2. The parties encourage and intensify the exchange of information and cooperation in regional policy, with a focus on the development of disadvantaged regions, the links between urban and rural areas and rural development.
3. Regional policy cooperation can take the following forms:
(a) Methods of formulating and implementing regional policies;
(b) multi-level governance and partnership;
(c) Urban-rural relations;
(d) rural development, including through initiatives to facilitate access to finance and sustainable development;
(e) statistics.
ARTICLE 37
Industrial policy and cooperation between SMEs
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 creating an enabling environment for economic development and improving the competitiveness of industries, in particular small and medium-sized enterprises (SMEs), in particular as follows:
(a) promoting networking between economic operators, in particular SMEs, in order to exchange information and experiences, identify opportunities in areas of common interest, transfer technologies and boost trade and investment;
(b) by sharing information and experiences on the creation of framework conditions to create an environment for businesses, especially SMEs, to improve their competitiveness;
(c) encouraging the participation of both parties in pilot projects and specific programmes on the conditions they provide;
(d) promoting joint investments and businesses to stimulate technology transfer, innovation, modernization, diversification and quality initiatives;
(e) providing information, stimulating innovation and sharing good practices on access to finance, especially for small and micro-enterprises;
(f) promoting corporate social responsibility and accountability and encouraging responsible business practices, including sustainable consumption and production;
(g) developing joint research projects in selected industrial sectors and cooperating in capacity-building projects, including compliance assessment standards and procedures and technical regulations, as agreed by a common agreement.
ARTICLE 38
Transport
1. The parties shall endeavour to cooperate in the appropriate sectors of the transport policy, with a view to improving the investment prospects and the movement of goods and passengers, to promote maritime and air safety and security, to act on the environmental impact of transport and to increase the efficiency of their transport systems.
2. Cooperation between the parties in this area aims to promote:
(a) the exchange of information on their respective transport policies, regulations and practices, in particular with regard to rural, urban, maritime and air transport, transport logistics and interconnection and interoperability of multimodal transport networks as well as the management of roads, railways, ports and airports;
(b) the exchange of views on the European satellite navigation system (especially Galileo), with a focus on issues of common interest relating to regulation, industrial development and market development;
(c) Continued dialogue on air transport services to ensure legal security without undue delay of existing bilateral agreements in the field of air services between each Member State and the Philippines;
(d) Continued dialogue on the strengthening of air transportation infrastructure networks and operations for the rapid, efficient, sustainable, secure and secure movement of goods and persons, as well as the promotion of the application of competition law and the economic regulation of the air transport sector, with a view to promoting regulatory convergence and the operation of business; and the examination of opportunities to intensify relations in the field of air transport. There is a need to further promote joint air transport cooperation projects;
(e) Dialogue on maritime services and policies, in particular with a view to promoting the development of marine transport, i.e., but not only:
(i) the exchange of information on legislation and regulations relating to maritime transport and ports;
(ii) the promotion of unlimited access to international maritime markets and trade on a commercial basis, the non-introduction of cargo-sharing clauses, the national treatment and the most-favoured-nation clause (NPF) for vessels operated by nationals or companies of the other party and issues related to door-to-door transport services in which shipping is involved, in accordance with the national legislation of the parties;
(iii) the efficient administration of ports and the efficiency of marine transport services; and
(iv) the promotion of cooperation of common interest in maritime transport and the areas of maritime work, education and training referred to in Article 27;
(f) a dialogue on the effective implementation of transport safety, safety and pollution prevention standards, including maritime transport, in particular the fight against piracy, and air transport, in accordance with applicable international standards and conventions to which they are parties; This dialogue includes cooperation in relevant international forums to ensure better implementation of international regulations. To this end, the parties are committed to promoting technical cooperation and assistance on issues related to safety, security and the environment in the field of transport, including, but not limited to, education and training in marine and air transport, search and rescue and accident and incident investigations. The parties also focus on promoting environmentally friendly modes of transport.
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. The objective of this cooperation will be:
(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 programs as well as respect for intellectual property rights in research and development activities;
(b) promote sustainable relationships and research partnerships among the scientific communities of the parties, research centres, universities and industry;
(c) to promote human resources training and technological and research capacity-building.
3. Cooperation will 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. Parties may agree on other modes of cooperation.
4. These cooperative activities should be based on the principles of reciprocity, equitable treatment and mutual benefit and ensure adequate protection of intellectual property. The issues relating to intellectual property rights raised in the context of the cooperation provided for in this Agreement may, where appropriate, be negotiated between the relevant agencies or groups concerned prior to the commencement of cooperation activities and may address the issue of copyright, trade marks and patents, taking into account the legislation and regulations of the parties.
5. The parties encourage the participation of their respective higher education institutions, their research centres and their respective production sectors, including SMEs.
6. The parties agree to make every effort to raise public awareness of the perspectives of their respective scientific and technological cooperation programmes.
ARTICLE 40
Information and communication technology cooperation
1. Recognizing that information and communication technologies (ICT) are fundamental elements of modern life and are essential to socio-economic development, the parties strive to exchange their views with respect to their respective policies in this area in order to support economic development.
2. Cooperation in this area includes:
(a) participation in an in-depth regional dialogue on the various aspects of the information society, in particular policies and regulations relating to electronic communication, including the universal service, licences and general authorizations, the independence and effectiveness of the guardianship authority, e-government, research and services based on ICT;
(b) interconnection and interoperability of networks (including TEIN) and services of parties and South-East Asia;
(c) the standardization and diffusion of new and emerging ICT technologies;
(d) promoting cooperation in ICT-level research on issues of common interest to the parties;
(e) sharing best practices to reduce the digital divide;
(f) the development and implementation of ICT security and cybercrime strategies and mechanisms;
(g) sharing experiences on the deployment of digital television, regulatory aspects, spectrum management and research;
(h) promoting efforts and sharing experiences in human resources development in the field of ICT.
ARTICLE 41
Audiovisual, media and multimedia
The parties promote, 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 in this area.
ARTICLE 42
Tourism cooperation
1. Under the World Tourism Organization's Global Ethical Code of Tourism and the principles of sustainability, based on the Local Agenda process 21, the parties are trying to improve the exchange of information and to establish best practices to ensure a balanced and sustainable development of tourism.
2. Both parties agree to establish a dialogue to facilitate cooperation and to include technical assistance in the field of human resources training and the design of new technologies, for purposes consistent with the principles of sustainable tourism.
3. The parties agree to intensify their cooperation to safeguard and optimize the potential of natural and cultural heritage, mitigate the negative impacts of tourism and increase the positive contribution of the tourism industry to the sustainable development of local communities, including by promoting ecological tourism, respecting the integrity and interests of local and indigenous communities and improving training in the tourism sector.
ARTICLE 43
Financial services cooperation
1. The parties agree to strengthen cooperation in order to bring together common rules and standards and improve 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 tax governance
1. In order to strengthen and develop economic activities while taking into account the need to develop an appropriate regulatory framework, the parties will recognize and apply the principles of good governance in tax matters. To this end, in accordance with their respective competences, they will improve international cooperation in the tax field, facilitate the collection of legitimate tax revenues and develop measures for the effective implementation of the above-mentioned principles.
2. The parties agree that the implementation of these principles will be carried out in particular within the framework of existing and future bilateral tax treaties between the Philippines and the Member States.
ARTICLE 45
Health
1. The parties recognize and affirm the primary importance of health. As a result, they agree to cooperate on health issues in areas such as health care system reform, major contagious diseases and other health threats, non-communicable diseases and international agreements to improve the health and sustainable development of the health sector on the basis of mutual benefits.
2. Cooperation will be achieved by:
(a) programs related to the areas referred to in paragraph 1 of this Article, including the improvement of health systems, the provision of health services, reproductive health services for poor and vulnerable women and communities, health governance, including better management of public finances, health care financing, health infrastructure and information systems, and health care management;
(b) joint activities in the field of epidemiology and surveillance, including the exchange of information and collaboration on early prevention of health threats such as the avian influenza virus and the virus causing a pandemic of influenza and other infectious 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 critical health factors such as food, substance abuse, alcoholism and smoking, and the development of health research programs in accordance with section 39 and health promotion programs;
(d) the promotion of the implementation of international agreements to which they are parties, including the Framework Convention for Tobacco Control and the International Health Regulations;
(e) other programs and projects aimed at improving health services and increasing human resources at the level of health systems and health conditions agreed upon by mutual agreement.
ARTICLE 46
Education, culture, intercultural and interreligious 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 relating to basic skills and the development of assessment instruments in accordance with European standards.
3. The parties endeavour to take appropriate measures to promote interpersonal contacts in the field of education, sports and cultural exchanges as well as intercultural and interreligious dialogues as well as to establish joint initiatives in various sociocultural fields, including cooperation in the preservation of heritage, in the 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 in relevant international bodies or bodies, including UNESCO, to pursue common objectives and promote understanding and respect for cultural diversity. In this context, the parties 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.
5. The parties also focus on measures designed to strengthen the links between their respective relevant agencies in support of the exchange of information, know-how between experts, youth and young workers (students or graduates) and on the use of their respective education and culture programs, such as the Erasmus Mundus program, and the experience that both parties have gained in this area.
ARTICLE 47
Statistics
The parties agree to promote, in accordance with existing statistical cooperation activities between the European Union and ASEAN, the strengthening of statistical capacities, 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, among other things, national accounts, foreign direct investment, information and communication technologies, trade in goods and services and, more generally,
PART VII
INSTITUTIONAL FRAMEWORK
ARTICLE 48
Joint Committee
1. As part of this agreement, the parties agree to establish a joint committee composed of representatives of both parties at the senior officials level to:
(a) ensure the proper operation and implementation of the agreement;
(b) Identify priorities in relation to the objectives of the agreement;
(c) make recommendations to promote the objectives of this Agreement.
2. The joint committee normally meets at least once every two years in the Philippines and within the European Union, alternatively, at a date to be agreed upon. The special sessions of the joint committee may also be convened by agreement of the parties. The Presidency is provided alternately by each of the parties. The agenda of the meetings of the joint committee is mutually agreed between the parties.
3. The Joint Committee shall establish specialized subcommittees, in charge of all areas covered by this Agreement, to assist it in the fulfilment of its tasks. These subcommittees provide detailed reports of their activities to the joint committee at each of its meetings.
4. The parties agree to entrust the joint committee with the task of ensuring the proper operation of any sectoral agreement or protocol between the parties.
5. The Joint Committee sets out its rules of procedure.
PART VIII
FINAL PROVISIONS
ARTICLE 49
Future development clause
1. The parties may, by mutual consent and on the recommendation of the joint committee, extend this agreement to strengthen the level of cooperation, including by including agreements or protocols on specific areas or activities.
2. As part of the implementation 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 50
Resources for cooperation
1. The parties agree, within the limits allowed by their respective resources and regulations, to make available appropriate, financial and other means to enable the achievement of the objectives of cooperation set out in this Agreement.
2. The parties establish financial assistance in accordance with the principles of good financial management and cooperate to protect their financial interests. The parties shall take effective measures to prevent and combat fraud, corruption and other illegal activities, including through mutual assistance in the areas covered by this Agreement, in accordance with their respective legislation and regulations. Any other agreement or financial instrument adopted by the parties will contain specific clauses of financial cooperation with respect to on-site controls, inspections and audits as well as anti-fraud measures, including those conducted by the European Anti-Fraud Office (OLAF) and relevant Philippine police authorities.
3. The parties encourage the European Investment Bank (EIB) to continue operations in the Philippines, in accordance with its financing procedures and 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 cooperation activities in or relating to areas covered by this Agreement in accordance with their respective procedures and financial resources. These cooperation activities include, but not limited to, capacity-building and technical cooperation initiatives, the exchange of experts, the conduct of studies, the establishment of legal frameworks, enforcement and regulatory frameworks conducive to transparency and accountability, as well as other activities agreed by the parties.
ARTICLE 51
Facilities
In order to facilitate cooperation under this Agreement, both parties agree to provide the necessary facilities for the performance of the tasks of officials and experts involved in the implementation of cooperation, in accordance with national/domestic legislation and the internal rules and regulations of both parties.
ARTICLE 52
Other agreements
1. Without prejudice to the relevant 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 parties to undertake bilateral cooperation actions or to conclude, where appropriate, new partnership and cooperation agreements between the Philippines and the Member States individually.
2. The agreement does not alter the application or implementation of the commitments made or to be made by each party in its relations with third parties.
ARTICLE 53
Enforcement of obligations
1. The parties shall take the general or specific measures necessary for the fulfilment of the obligations provided for in this Agreement. They shall ensure that the objectives of this Agreement are fulfilled.
2. Each party may refer to the joint committee of 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 necessary steps. Previously, it provides, except in the case of a special emergency referred to in paragraph 5 of this section, to the Joint Committee 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 of this Article shall mean cases of a substantial violation of this Agreement by one of the parties. A substantial violation of this agreement is:
(a) a repudiation of this Agreement not sanctioned by the general rules of international law or
(b) a violation of the essential elements of this Agreement, namely, Article 1, paragraph 1 and Article 8, paragraph 2.
Before applying the measures in these special emergencies, one of the parties may request the urgent convening of a meeting of the two parties. In this case and within 15 days, unless the parties agree to another period not exceeding 21 days, a meeting shall examine the situation in detail in order to find a solution acceptable to the parties.
ARTICLE 54
Definition of 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 competences, and on the other, the Republic of the Philippines.
ARTICLE 55
Territorial application
This Agreement applies to territories where the Treaty on the European Union is applicable and under the conditions provided for in that Treaty, on the one hand, and to the territory of the Philippines, on the other.
ARTICLE 56
Notifications
Notifications made pursuant to Article 57 shall be sent respectively to the Secretary General of the Council of the European Union and to the Ministry of Foreign Affairs of the Philippines by diplomatic channels.
ARTICLE 57
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. Amendments to this Agreement shall be 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 part has notified the other party of all necessary formalities.
4. This Agreement may be terminated by a party by means of a written notification to the other party of its desire to terminate it. The agreement ceases to be applicable six months after the receipt of this notification by the other party. Termination does not in any way affect the projects agreed upon or under way, established under this Agreement prior to termination.
ARTICLE 58
Faithful text
1. This Agreement is written in duplicate in 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 differences between the texts will be reported to the joint committee.
Done in Phnom Penh on July 11, 2012.