belgiquelex.be - Carrefour Bank of Legislation

6 FEBRUARY 2012. - An Act to approve the framework agreement between the European Union and its Member States, on the one hand, and the Republic of Korea, on the other hand, made in Brussels on 10 May 2010 (1) (2) (3)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The framework agreement between the European Union and its member states, on the one hand, and the Republic of Korea, on the other hand, made in Brussels on 10 May 2010, will emerge its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 February 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs, Foreign Trade and European Affairs,
D. REYNDERS
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
Senate
Documents. - Bill tabled on 11/10/2011, No. 5-1259/1. Report on behalf of Commission No. 5-1259/2.
Annales parliamentarians. - Discussion, session of 1^er December 2011. - Vote, meeting of 1^er December 2011.
Room
Documents. - Project transmitted by the Senate, No. 53-1929/1. Report on behalf of Commission No. 53-1929/2. - Text adopted in plenary and submitted to Royal Assent No. 53-1929/3.
Annales parliamentarians. - Discussion, meeting of January 12, 2012. - Vote, meeting of 12 January 2012.
(2) See Decree of the Flemish Community/ Flemish Region of 15 July 2011 (Belgian Monitor of 23 August 2011), Decree of the French Community of 19 April 2012 (Belgian Monitor of 22 June 2012, Ed. 2), Decree of the German-speaking Community of 25 June 2012) (Belgian Monitor of 5 September 2012 (Ed. 2), Decree of the Walloon Region of 26 April 2012 (Belgian Monument of 22 May 2012)

Framework Agreement between the European Union and its Member States, on the one hand, and the Republic of Korea, on the other
EUROPEAN UNION, below referred to as the "Union",
and
BELGIUM,
THE REPUBLIC OF BULGARIA,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
THE REPUBLIC OF ESTONIA,
IRILAND
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
LA REPUBLIQUE DE LITUANIE,
LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE REPUBLIC OF POLAND,
THE PORTUGAISE REPUBLIC,
THE ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
Contracting Parties to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, below referred to as "Member States",
on the one hand, and
THE REPUBLIC OF COREE,
on the other hand,
hereafter referred to collectively as "the parties",
CONSIDERING their traditional friendships and the historical, political and economic ties that unite them;
RECALLING the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other, signed in Luxembourg on 28 October 1996 and which entered into force on 1^er April 2001;
RECORD OF the accelerated process by which the European Union acquires its own identity in the areas of foreign policy and security and justice;
Acknowledging the growing role and responsibility of the Republic of Korea within the international community;
Acknowledging the completeness of their relationship and the importance of ongoing efforts to preserve general coherence;
CONFIRMING their desire to maintain and develop their regular political dialogue, based on shared values and aspirations;
Expressing their common commitment to building their relationships at the level of a strengthened partnership, particularly in the political, economic, social and cultural fields;
DETERMINEES, in this regard, to consolidate, deepen and diversify their relations in areas of common interest, at the bilateral, regional and global levels, and on the basis of equality, respect for sovereignty, non-discrimination and mutual benefits;
REAFFIRMING their firm commitment to democratic principles and human rights, established in the universal declaration of human rights and other relevant international instruments in this field, as well as to the principles of the rule of law and good governance;
REAFFIRMING their determination to combat the most serious crimes affecting the international community as a whole and their conviction that perpetrators of the most serious international crimes should be brought to justice by adopting measures at the national level and by strengthening global collaboration;
CONSIDERING that terrorism is a threat to global security, wishing to intensify their dialogue and cooperation in the fight against terrorism, in accordance with the relevant international instruments, in particular Security Council resolution 1373 of the United Nations, and reaffirming that respect for human rights and the rule of law constitutes the fundamental basis for the fight against terrorism;
" Emphasizing the conviction that the proliferation of weapons of mass destruction and their means of delivery constitutes a grave threat to international security, recognizing the international community's determination to combat this proliferation as evidenced by the adoption of several international conventions and resolutions of the United Nations Security Council, including resolution 1540, and wishing to strengthen their dialogue and cooperation in this area;
RECOGNIZING the need for enhanced cooperation in the areas of justice, freedom and security;
RECALLING, in this regard, that the provisions of the 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 and not as part of the European Union until the European Union notifies (if applicable) to the Republic of Korea as one or the other of these two States is now bound
RECOGNIZING their desire to promote sustainable development in its economic, social and environmental dimensions;
Expressing their determination to ensure a high level of environmental protection and to cooperate in the fight against climate change;
RECALLING their support for equitable globalization, goals of full and productive employment and decent work for all;
RECOGNIZING that trade and investment flows between the parties, organized on the basis of the global rules governing the trading system under the auspices of the World Trade Organization (WTO), have been flourishing;
DESIRES to guarantee and promote the conditions necessary for the sustainable growth and development of trade and investment among the parties, in their mutual interest, including by establishing a free trade zone;
AGREING on the need to provide collective efforts to address global problems such as terrorism, serious crimes with an international reach, the proliferation of weapons of mass destruction and their means of delivery, climate change, energy insecurity and resources, poverty and the financial crisis;
DETERMINEES to strengthen cooperation in areas of common interest, including the promotion of democratic principles and respect for human rights, the fight against the proliferation of weapons of mass destruction, the fight against the illegal trade in small arms and light weapons, the taking of measures against the most serious crimes that affect the entire international community, the fight against terrorism, cooperation in international investment organizations and the maintenance of information, science and technology, energy, transport, policy on marine transport, consumer policy, health, employment and social affairs, the environment and natural resources, climate change, agriculture, rural development and forestry, marine resources and fisheries, development assistance, culture, information, communication, the audiovisual sector and the media,
Acknowledges the importance of facilitating participation in the cooperation of individuals and entities directly concerned, and especially economic operators and their representative organizations;
RECOGNIZING that it is desirable to strengthen the role and profile of each of the two parties in the region and to encourage interpersonal contacts between them,
AGAINST WHO ITS:
PART I
FUNDING AND APLICATION CHAMP
Article 1^er
Basis of cooperation
1. The parties confirm their commitment to democratic principles, human rights and fundamental freedoms as well as to the rule of law. Respect for democratic principles, human rights and fundamental freedoms enshrined in the Universal Declaration of Human Rights and other international human rights instruments, which reflect the principle of the rule of law, underpins the domestic and international policies of both parties and constitutes an essential aspect of this agreement.
2. The parties confirm their commitment to the Charter of the United Nations and their support for the common values set out therein.
3. The parties reaffirm their commitment to promoting sustainable development in all its forms, including encouraging economic growth, contributing to the achievement of internationally defined development goals and cooperating to address global environmental challenges, particularly with regard to climate change.
4. The parties also reaffirm their commitment to the principles of good governance and the fight against corruption, particularly in the light of their international obligations.
5. The parties emphasize their common commitment to the completeness of bilateral relations and the preservation of general coherence in this regard.
6. The parties agree to raise their relationships in a strengthened partnership and to develop areas of cooperation at the bilateral, regional and global levels.
7. The implementation of this agreement between parties sharing the same values and respecting the same principles is therefore based on dialogue, mutual respect, equitable partnership, multilateralism, consensus and respect for international law.
Article 2
Objectives of cooperation
1. In order to strengthen their cooperation, the parties undertake to intensify their political dialogue and to develop their economic relations. In particular, their efforts are aimed at:
(a) agree on a vision of the future with regard to strengthening their partnership and establishing joint projects to implement this vision;
(b) Conduct regular political dialogue;
(c) To promote collective efforts in all relevant regional and international forums and organizations to address global issues;
(d) encourage economic cooperation in areas of common interest, including cooperation in the field of science and technology, in order to diversify exchanges for their mutual benefit;
(e) foster cooperation between companies by facilitating investments on both sides and promoting greater mutual understanding;
(f) strengthen the respective participation in the cooperation programmes of each party that are open to the other party;
(g) strengthen the role and profile of each of the two parties in the region of the other, through various means such as cultural exchanges, the use of information technology and education;
(h) promote interpersonal contacts and mutual understanding;
2. Based on their long-standing partnership and common values, the parties are committed to strengthening their cooperation and dialogue on all issues of common interest. In particular, their efforts are aimed at:
(a) Strengthen political dialogue and cooperation, including with regard to human rights, the non-proliferation of weapons of mass destruction, small arms and light weapons, the most serious crimes of concern to the international community and the fight against terrorism;
(b) Strengthen cooperation in all areas of common interest related to trade and investment and ensure the conditions for a sustainable development of trade and investment among parties in their mutual interest;
(c) Strengthen cooperation in the field of economic cooperation, including dialogue on economic policy, business cooperation, taxation, customs, competition policy; the information society, science and technology, energy, transport, shipping policy and consumer policy;
(d) Strengthen cooperation in the areas of sustainable development, including health, employment and social affairs, the environment and natural resources, climate change, agriculture, rural development and forestry, marine resources and fisheries, and development assistance;
(e) strengthen cooperation in the fields of culture, information, communication, audiovisual and media, as well as education;
(f) Strengthen cooperation in the areas of justice, freedom and security, including the rule of law, legal cooperation, the protection of personal data, migration, combating illicit drugs, combating organized crime and corruption, combating money-laundering and the financing of terrorism, combating cybercrime and maintaining order;
(g) strengthen cooperation in other areas of common interest such as tourism, civil society, public administration and statistics.
PART II
POLITICAL AND COOPERATION
Article 3
Political dialogue
1. A regular political dialogue, based on common values and aspirations, is established between the Republic of Korea and the European Union. It takes place in accordance with the procedures agreed between the Republic of Korea and the European Union.
2. The political dialogue aims to:
(a) underline the commitment of the parties to democracy and respect for human rights and fundamental freedoms;
(b) promote peaceful solutions to international or regional conflicts and the strengthening of the United Nations and other international organizations;
(c) Strengthen strategic consultations on international security issues such as arms limitation and disarmament, the non-proliferation of weapons of mass destruction and the international transfer of conventional weapons;
(d) Undertake a reflection on key international issues of common interest by increasing the exchange of relevant information, both between the two parties and within international forums;
(e) Strengthen consultations on issues of particular interest to countries in the Asia-Pacific and Europe regions with a view to promoting peace, stability and prosperity in both regions.
3. The dialogue between the parties takes place through contacts, exchanges and consultations, including:
(a) summits at the leadership level, to be held whenever the parties deem it necessary;
(b) annual ministerial-level consultations to be held in a place agreed by the parties;
(c) briefings at senior officials level on major events of national or international news;
(d) Sectoral dialogues on issues of common interest;
e) exchanges of delegations between the European Parliament and the National Assembly of the Republic of Korea.
Article 4
Combating the proliferation of weapons of mass destruction
1. The parties believe that the proliferation of weapons of mass destruction and their means of delivery for the benefit of state and non-state actors is one of the most serious threats to international stability and security.
2. The parties therefore agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery by fully implementing their respective legal obligations in the field of disarmament and non-proliferation and other relevant instruments that they have adopted. They agree that this provision is an essential element of this agreement.
3. The parties also agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery:
(a) taking measures to sign or ratify or accede to all other relevant international instruments, as appropriate, and to implement them fully;
(b) Implementing an effective national export control system to prevent the proliferation of weapons of mass destruction and related goods and technologies, consisting of a monitoring of their final use and effective civil and criminal sanctions in the event of export controls.
4. The parties agree that their political dialogue will accompany and strengthen these elements.
Article 5
Small arms and light weapons
1. The parties recognize that the illegal manufacture, transfer and circulation of small arms and light weapons, including their ammunition, as well as excessive accumulation, inadequate management, insufficiently secured stocks and uncontrolled spread of such weapons, continue to pose a serious threat to international peace and security.
2. The parties agree to implement their respective commitments to combat the illegal trade in small arms and light weapons, including their ammunition, in the framework of international instruments, 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, the international instrument to enable States to carry out the rapid and reliable identification and tracing of illicit small arms and light weapons arising out of all its forms.
3. The parties undertake to cooperate and ensure the coordination, complementarity and synergy of their efforts to combat the illegal trade in small arms and light weapons, including ammunition, at the global, regional, subregional and national levels.
Article 6
Most serious crimes of concern to the international community
1. The parties reaffirm that the most serious crimes of concern to the entire international community cannot be unpunished and that their repression must be effectively ensured by taking national measures and by strengthening international cooperation, as appropriate, including with the International Criminal Court. They agree to fully support the universality and integrity of the Rome Statute establishing the International Criminal Court and related instruments.
2. The parties recognize the beneficial nature of a dialogue on this subject.
Article 7
Cooperation in combating terrorism
1. The parties, reaffirming the importance of the fight against terrorism and in accordance with applicable international conventions, in particular with regard to international humanitarian law and international human rights and refugee legislation, as well as in accordance with their respective laws and regulations, and taking into account the global strategy against terrorism adopted by the UN General Assembly in its Resolution No. 60/288 of 8 September 2006, agree to cooperate in the prevention and terrorist activities.
2. The parties cooperate in particular:
(a) within the framework of the implementation of Security Council resolutions of the United Nations and their respective obligations under other relevant international conventions and instruments;
(b) exchange of information on terrorist groups and their support networks in accordance with international and national law;
(c) exchange of views on the means and methods used to combat terrorism, in particular technical and training, and exchange of experience in the field of terrorism prevention;
(d) deepening international consensus on combating terrorism, including the legal definition of terrorist acts, where applicable, and in particular working towards the elaboration of an agreement on the general convention against international terrorism;
(e) sharing best practices in the protection of human rights in their fight against terrorism.
PART III
COOPERATION IN REGIONAL AND INTERNATIONAL ORGANIZATIONS
Article 8
Cooperation in regional and international organizations
The parties undertake to cooperate and exchange their views in regional and international forums and organizations such as the United Nations, the International Labour Organization (ILO), the Organisation for Economic Co-operation and Development (OECD), the WTO, the Asia-Europe Summit (ASEM) and the ASEAN Regional Forum (FRA).
PART IV
ECONOMIC DEVELOPMENT COOPERATION
Article 9
Trade and investment
1. The parties undertake to cooperate in order to guarantee the conditions necessary for the sustainable growth and expansion of trade and investment between them, in their mutual interest, and to promote them. The parties are committed to dialogue and strengthen cooperation in all areas of common interest related to trade and investment in order to facilitate sustainable trade and investment flows, to prevent and remove barriers to trade and investment and to advance the multilateral trading system.
2. To this end, the parties are implementing their cooperation in the area of trade and investment through the agreement establishing a free trade zone. Such agreement constitutes a specific agreement that makes the trade provisions of this Agreement effective, in accordance with Article 43.
3. The parties are kept informed of developments in bilateral and international trade, investment and strategies and problems and exchange views.
Article 10
Dialogue on economic policy
1. The parties agree to strengthen dialogue between their authorities and promote the exchange of information and the sharing of experiences on macroeconomic policies and trends.
2. The parties agree to strengthen dialogue and cooperation in order to improve accounting, auditing and supervisory and regulatory systems in the areas of bank and insurance and in other segments of the financial sector.
Article 11
Cooperation between enterprises
1. The parties, taking into account their respective economic policies and objectives, agree to promote industrial policy cooperation in all areas that they consider appropriate, in particular with a view to improving the competitiveness of small and medium-sized enterprises (SMEs), inter alia:
(a) by exchanging information and sharing experiences on creating enabling environments for improving the competitiveness of P.M.E. and on procedures for the creation of P.M.E.;
(b) promoting contacts between economic operators, encouraging joint investments and establishing joint ventures and information networks, including through existing programmes;
(c) facilitating access to financing and marketing, providing information and stimulating innovation;
(d) Facilitating activities implemented by both parties ' MEPs;
(e) promoting corporate social responsibility and accountability and encouraging responsible business practices, including sustainable consumption and production.
2. The parties facilitate the relevant cooperation activities established by their respective private sectors.
Article 12
Taxation
In order to strengthen and develop economic activities while taking into account the need to develop an appropriate regulatory framework, the parties recognize the principles of transparency, information exchange and fair tax competition and undertake to apply them in the tax field. To this end, in accordance with their respective competencies, they improve international cooperation in the tax field, facilitate the collection of legitimate tax revenues and put in place measures to ensure the proper implementation of the above-mentioned principles.
Article 13
Customs
The parties cooperate in the customs field on a bilateral and multilateral basis. To that end, they share their experiences and explore opportunities to simplify procedures, enhance transparency and develop cooperation. They also seek a convergence of views and joint action within the relevant international forums.
Article 14
Competition policy
1. The parties encourage fair competition in the field of economic activities by fully implementing their competition laws and regulations.
2. To achieve the objective set out in paragraph 1^er and in accordance with the agreement between the Government of the Republic of Korea and the European Community on cooperation in anti-competitive practices, the parties undertake to cooperate as follows:
(a) recognizing the importance of competition law and competition authorities and working proactively to implement the law in order to create an environment conducive to fair competition;
(b) by exchanging information and strengthening cooperation among competition authorities.
Article 15
Information Society
1. Recognizing that information and communication technologies are essential elements of modern life and are of vital importance to economic and social development, the parties agree to share their views on their respective policies in this area.
2. Cooperation in this area focuses, inter alia, on:
(a) an exchange of views on the various aspects of the information society, in particular policies and regulations on electronic communications, including universal service, individual licences and general authorizations, the protection of privacy and personal data, and the independence and effectiveness of the regulatory authority;
(b) interconnection and interoperability of research networks and services, including within a regional framework;
(c) the standardization and dissemination of new information and communication technologies;
(d) promoting cooperation in research among parties in the field of information and communication technologies;
e) issues and aspects related to the security of information and communication technologies, including the promotion of online security, the fight against cybercrime and abuses in the field of information technology and any form of electronic media.
3. Business cooperation is encouraged.
Article 16
Science and technology
The parties promote, develop and facilitate cooperation activities in the fields of science and technology for peaceful purposes, in accordance with the scientific and technological cooperation agreement between the European Community and the Government of the Republic of Korea.
Article 17
Energy
1. The parties recognize the importance of the energy sector for economic and social development and, within their respective competences, strive to strengthen cooperation in this area with a view to:
(a) diversify their energy sources to enhance energy security and develop new, sustainable, innovative and renewable energy forms, including biofuels, biomass, wind and solar energy, as well as hydropower generation;
(b) support the development of policies to make renewable energy more competitive;
(c) To achieve a rational use of energy through a stakeholder contribution to both supply and demand by promoting energy efficiency in the production, transport and distribution of energy and in its final use;
(d) promote technology transfer for sustainable energy production and energy efficiency;
(e) To promote capacity-building and energy investment facilitation, taking into account the principles of transparency, non-discrimination and market compatibility;
(f) promoting competition in the energy sector;
(g) to exchange views on the evolution of global energy markets, including its impact on developing countries.
2. To this end, the parties shall, as appropriate, promote the following cooperative activities, in particular through regional and international frameworks:
(a) cooperation in the development of energy strategies and the exchange of information on energy policies;
(b) exchange of information on the state of the situation and trends in the energy market as well as in the industrial and technological sectors;
(c) joint studies and research;
(d) Increased trade and investment in the energy sector.
Article 18
Transport
1. The parties shall endeavour to cooperate in all appropriate sectors of the transport policy, including in terms of integrated transport policy, with a view to improving the movement of goods and passengers, promoting maritime and air safety and security, as well as environmental protection and increasing the efficiency of their transport systems.
2. Cooperation between the parties in this sector is aimed at:
(a) exchange of information on their respective transport policies and practices, including urban, rural, river, air and marine transport, including logistics and interconnection and interoperability of multimodal transport networks, as well as road, railway, ports and airports;
(b) joint dialogue and actions in areas of common interest in the air transport sector In particular, with regard to the agreement on certain aspects of air services and the examination of opportunities to further develop relations C as well as technical and regulatory cooperation, on issues related to aviation safety and security, the environment, the management of air traffic, the application of competition law and the economic regulation of the air transport sector, with a view to encouraging harmonization of regulations and the elimination of economic barriers. On this basis, the parties envisage further cooperation in the field of civil aviation;
(c) cooperation in reducing greenhouse gas emissions in the transport sector;
(d) cooperation in international transport forums;
(e) the implementation of safety and safety standards and standards relating to pollution prevention, in particular with regard to maritime transport and aviation, in accordance with international conventions applicable to both parties, including cooperation in relevant international forums, with a view to ensuring better implementation of international regulations.
3. With regard to global navigation by satellite for civilian use, the parties cooperate in accordance with the cooperation agreement on a global navigation system for civilian use (GNSS) between the European Community and its member States, on the one hand, and the Republic of Korea, on the other.
Article 19
Policy on Maritime Transport
1. The parties undertake to approach the objective of unlimited access to international maritime markets and traffic based on the principle of fair competition on a commercial basis, in accordance with the provisions of this Article.
2. To achieve the objective set out in paragraph 1^erthe parties:
(a) refrain from introducing provisions relating to the sharing of cargo in their future bilateral agreements with third countries concerning maritime transport services, including dry and liquid bulk and traffic of regular lines, and do not play such clauses when they exist in previous bilateral agreements;
(b) refrain from implementing, after the entry into force of this Agreement, administrative, technical and legislative measures that may have the effect of distinguishing between their nationals or businesses and those of the other party in the provision of international maritime transport services;
(c) provide to vessels operated by nationals or companies of the other party, no less favourable than that granted to its own vessels with respect to access to ports open to international trade, the use of the auxiliary marine infrastructure and services of these ports, duties and taxes, customs facilities and the allocation of anchorage and loading and unloading facilities;
(d) allow the shipping companies of the other party to have a commercial presence in their respective territories for the purpose of carrying out marine transport activities under conditions of establishment and operation not less favourable than those granted to their own companies, or to affiliates or branches of companies of a third country, if they are better.
3. For the purposes of this Article, access to the international maritime market includes, inter alia, the right, for international maritime transport service providers of each of the parties, to organize door-to-door international transport services with a maritime route and to enter a direct contract with local suppliers of modes of transport other than shipping on the territory of the other party without prejudice to the restrictions of nationality applicable to the carriage of goods and passengers by such other modes of transport.
4. The provisions of this Article shall apply both to the companies of the European Union and to the Korean companies. The shipping companies established outside the European Union or the Republic of Korea and controlled by nationals of a Member State or the Republic of Korea shall also benefit from the provisions of this Article if their ships are registered in that Member State or in the Republic of Korea in accordance with the legislation in force.
5. Activities carried out by marine agencies in the European Union and the Republic of Korea are subject to specific agreements if applicable.
6. The parties maintain a dialogue on maritime transport policy.
Rule 20
Consumer policy
The parties strive to cooperate in consumer policy to ensure a high level of consumer protection. They agree that cooperation in this area may, to the extent possible, include:
(a) Strengthen the compatibility of consumer protection legislation to avoid trade barriers while ensuring a high level of consumer protection;
(b) promote the exchange of information on consumer protection systems, in particular with regard to relevant legislation, product safety, monitoring of the application of legislation, education and strengthening of consumer action and remedies available to consumers;
(c) encourage the development of independent consumer associations and contacts between consumer group representatives.
PART V
COOPERATION IN SUSTAINABLE DEVELOPMENT
Article 21
Health
1. The parties agree to encourage cooperation and exchange of information among themselves in the areas of health and effective management of cross-border health problems.
2. The parties shall endeavour to encourage the exchange of information and mutual cooperation, inter alia:
(a) exchange of information on infectious disease surveillance, including with respect to the influenza pandemic, as well as on early warning and action;
(b) Exchange of information on health strategies and health programmes implemented by public authorities;
(c) exchange of information on health prevention policies, such as tobacco campaigns, obesity prevention and disease control measures;
(d) exchange of information, to the extent possible, in the field of pharmaceutical safety and marketing authorizations;
(e) exchange of information, to the extent possible, as well as joint research in the field of food security, including issues related to food legislation and regulations, emergency alert systems, etc.;
(f) cooperation in the areas of RELID, including advanced treatments and innovative or orphaned medicines;
(g) exchange of information and cooperation on online health policy.
3. The parties endeavour to encourage the implementation of international health agreements such as the international health regulations and the Framework Convention for Tobacco Control.
Article 22
Employment and social affairs
1. The parties agree to strengthen their cooperation in the field of employment and social affairs, particularly in the context of globalization and demographic change. They are making efforts to encourage cooperation and exchange of information and experiences on employment and work issues. Cooperation can focus on regional and social cohesion, social integration, social security systems, the acquisition of skills throughout life, health and safety at work, equality between men and women and worthy work.
2. The parties reaffirm the need to support a globalization that benefits all and to promote full and productive employment and worthy work as essential elements of sustainable development and poverty reduction.
3. The parties reaffirm their commitment to respect, promote and implement internationally recognized social norms and labour law, as defined in particular by the ILO Declaration on Fundamental Principles and Rights at Work.
4. Cooperation may include the form of specific programmes and projects agreed between the parties, as well as dialogue, cooperation and initiatives on issues of common interest, bilaterally or multilaterally.
Article 23
Environment and natural resources
1. The parties agree on the need to preserve and sustainably manage natural resources and biodiversity as essential elements for the development of current and future generations.
2. They strive to continue and strengthen their cooperation in environmental protection, including in a regional context, in particular with regard to:
(a) climate change and energy efficiency;
(b) environmental awareness;
(c) participation in and implementation of multilateral environmental agreements, including those relating to biodiversity, biosecurity and the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
(d) the promotion of environmental technologies, products and services, including environmental management systems and ecological labelling;
(e) Prevention of clandestine cross-border movements of hazardous substances and wastes and other types of waste;
(f) control of the conservation, pollution and degradation of the coastal and marine environment;
(g) participation at the local level in environmental protection as an essential element of sustainable development;
(h) Land and land management;
i) the exchange of information, know-how and practices.
3. The results of the World Summit on Sustainable Development and the implementation of relevant multilateral environmental agreements must be duly taken into account.
Article 24
Climate change
1. The parties recognize the common global challenge of climate change and the need to act to reduce emissions to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent a dangerous anthropogenic interference with the climate system. Within their respective competences, and without prejudice to climate discussions in other forums, such as the United Nations Framework Convention on Climate Change (UNFCCC), the parties strengthen their cooperation in this area. This cooperation aims to:
(a) To combat climate change, the overall objective being a rapid transition to sober carbon societies through appropriate national mitigation and adaptation actions;
(b) To advocate the effective use of resources, including by making extensive use of the best economically viable carbon-based technologies and applying mitigation and adaptation standards;
(c) exchange technical expertise and information on the benefits and structure of emission trading systems;
(d) Strengthen public and private sector funding instruments, including market mechanisms and public-private partnerships that could effectively contribute to climate change measures;
(e) collaborate in the field of low-carbon technologies, such as research, development, diffusion, use and transfer, with a view to reducing greenhouse gas emissions while maintaining economic growth;
(f) exchange, where appropriate, experiences and competencies related to the monitoring and analysis of greenhouse gas effects and the development of mitigation and adaptation programs;
(g) support, where appropriate, mitigation and adaptation measures of developing countries, including through the flexibility mechanisms of the Kyoto Protocol.
2. To this end, the parties agree to intensify dialogue and cooperation at the political, strategic and technical levels.
Rule 25
Agriculture, rural development and forestry
The parties agree to encourage cooperation in agriculture, rural development and forestry. They exchange information and develop cooperation on:
(a) agricultural and forestry policy as well as international agricultural and forestry prospects in general;
(b) the registration and protection of geographical indications;
(c) organic production;
(d) agricultural and forestry research;
(e) rural development policy and, in particular, diversification and restructuring of agricultural sectors;
(f) sustainable agriculture, forestry and environmental requirements in agricultural policy;
(g) linkages between agriculture, forestry and the environment and rural development policy;
(h) promotion activities for agri-food products;
(i) Sustainable forest management to prevent deforestation and encourage the creation of new wooded areas, with due regard to the interests of developing countries exporting timber.
Rule 26
Marine environment and fisheries
The parties promote cooperation in the field of fisheries and the marine environment at the bilateral and multilateral levels, including in promoting sustainable development and management responsible for fisheries and the marine environment. Such cooperation may include:
(a) the exchange of information;
(b) support for a long-term sustainable and responsible policy on fisheries and the marine environment, including in the conservation and management of coastal and marine resources; and
(c) support for efforts to prevent and combat illegal, unreported and unregulated fishing practices.
Rule 27
Development assistance
1. The parties exchange information on their development assistance policies with a view to establishing a regular dialogue on the objectives of these policies and their respective development assistance programmes in third countries. They examine the extent to which cooperation can be intensified, in accordance with their respective laws and the conditions applicable to the implementation of these programmes.
2. The parties reaffirm their commitment to the 2005 Paris Declaration on Aid Effectiveness and agree to strengthen cooperation with a view to improving development results.
PART VI
COOPERATION IN THE FIELD OF CULTURE AND EDUCATION
Rule 28
Cooperation in the fields of culture, information, communication, audiovisual and media
1. The parties agree to promote cooperation to enhance mutual understanding and knowledge of their respective cultures.
2. Parties shall endeavour to take appropriate measures to promote cultural exchanges and to undertake joint initiatives in this area.
3. They agree to cooperate closely in relevant international forums, such as the United Nations Educational, Scientific and Cultural Organization (UNESCO) and ASEM, in order to pursue common objectives and promote cultural diversity, in accordance with the provisions of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions.
4. The parties explore ways to encourage exchanges, cooperation and dialogue between relevant institutions in the areas of audiovisual and media.
Rule 29
Education
1. The parties recognize the crucial contribution of education and training to the development of human resources capable of participating in a knowledge-based global economy; they agree with their common interest in cooperating in the areas of education and training.
2. In accordance with their common interests and the objectives of their educational policies, the parties undertake to jointly encourage appropriate cooperation activities in the areas of education, training and youth, with particular emphasis on higher education. Cooperation can include:
(a) support for joint cooperation projects between educational and training institutions of the European Union and the Republic of Korea, with a view to promoting the development of curricula, the development of joint education programmes and the mobility of students;
(b) dialogue, studies and exchange of information and know-how in the field of educational policy;
(c) promoting exchanges of students, teachers and administrative staff of higher education institutions and socio-educational facilitators, including through the implementation of the Erasmus Mundus programme;
(d) co-operation in educational areas of common interest.
PART VII
COOPERATION IN THE FIELD OF JUSTICE, LIBERTY AND SECURITY
Rule 30
Rule of law
In cooperation in the field of justice, freedom and security, the parties attach particular importance to the promotion of the rule of law, including the independence of the judiciary, access to justice and the right to a fair trial.
Rule 31
Judicial cooperation
1. The parties agree to develop judicial cooperation in civil and commercial matters, in particular with regard to the ratification and implementation of multilateral conventions on judicial cooperation in civil matters, including the Hague Conference on Private International Law related to international mutual legal assistance, international litigation and the protection of children.
2. The parties agree to facilitate and encourage the use of arbitration to resolve private civil and commercial disputes whenever applicable international instruments permit.
3. With regard to judicial cooperation in criminal matters, the parties are working to strengthen mutual legal assistance and extradition mechanisms. These include adherence to and implementation of the relevant international instruments of the United Nations, including the Rome Statute establishing the International Criminal Court, referred to in Article 6 of this Agreement.
Rule 32
Protection of personal data
1. The parties agree to cooperate in order to align the level of protection of personal data with the highest international standards, including those contained in the UN Guidelines for the Regulation of Computerized Records of Personal Data (Resolution 45/95 of the UN General Assembly of 14 December 1990).
2. Cooperation in the protection of personal data may include the exchange of information and skills.
Rule 33
Migration
1. The parties agree to strengthen and deepen cooperation in the areas of clandestine immigration, smuggling of migrants and trafficking in human beings. Migration issues must be integrated into national socio-economic development strategies in regions of origin.
2. As part of the cooperation to prevent and control illegal immigration, the parties agree to renew their nationals on illegal stay in the territory of the other party. They provide their nationals with appropriate identity documents for this purpose. If there are doubts about the nationality of a person, they agree to identify their alleged nationals.
3. The parties shall endeavour to conclude, where appropriate, an agreement governing the specific provisions relating to the readmission of their nationals. This agreement will also specify the conditions applicable to nationals of other countries and stateless persons.
Rule 34
Combating illicit drugs
1. In accordance with their respective legislation and regulations, the parties shall endeavour to reduce the supply, traffic and demand of illicit drugs and their impact on drug users and society as a whole and to prevent the diversion of precursors of drugs used in the illicit manufacture of narcotic drugs and psychotropic substances more effectively. As part of their cooperation, they ensure that a comprehensive and balanced approach is adopted to achieve this objective through effective action and coordination between the competent authorities, including health, education, social services, law enforcement and justice sectors, and law enforcement.
2. The parties agree on the modalities of cooperation to be implemented in order to achieve these objectives. The actions are based on common principles under the international conventions in force in this area, the political declaration and the special declaration on the directions to be followed to reduce the demand for narcotic drugs, adopted by the twentieth special session of the United Nations General Assembly on drugs in June 1998.
Rule 35
Combating organized crime and corruption
The parties agree to cooperate and contribute to the fight against organized, economic and financial crime, and against corruption, counterfeiting and illegal transactions, in full compliance with their current international mutual obligations in this area, including through effective cooperation in the recovery of assets or funds from acts of corruption. They support the implementation of the United Nations Convention against Transnational Organized Crime and its additional protocols and the United Nations Convention against Corruption.
Rule 36
Combating money-laundering and the financing of terrorism
1. The parties agree on the need to work and cooperate to prevent their financial systems from being used for money laundering from criminal activities, including drug trafficking and corruption, and the financing of terrorism. This cooperation extends to the recovery of assets or funds from criminal acts.
2. The parties may exchange useful information within their respective legislation and apply appropriate standards to combat money-laundering and the financing of terrorism, equivalent to those adopted by relevant international organizations active in this area, such as the Financial Action Task Force on Money Laundering (FATF).
Rule 37
Combating cybercrime
1. The parties strengthen their cooperation with respect to the prevention and control of crime in the areas of high technology, cyberspace and electronics, and against the dissemination of elements of terrorist content on the Internet through the exchange of information and concrete experiences in accordance with their national legislation within the limits of their responsibility.
2. The parties exchange information in the areas of education and training of investigators specialized in cybercrime, the cybercrime investigation and digital forensics.
Rule 38
Cooperation between law enforcement agencies
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. This cooperation may take the form of mutual assistance in the investigations, the sharing of investigative techniques, common training and teaching of law enforcement personnel and any other type of joint activities and assistance to be determined by mutual agreement between the parties.
PART VIII
COOPERATION IN OTHER DOMAINES
Rule 39
Tourism
The parties are committed to establishing cooperation in the field of tourism, in order to increase their mutual understanding and promote a balanced and sustainable development of tourism.
This cooperation can be achieved by:
(a) the exchange of information on issues of common interest in tourism;
(b) organization of tourism events;
(c) tourism exchanges;
(d) cooperation in the conservation and management of cultural heritage;
(e) Cooperation in tourism management.
Rule 40
Civil society
The parties recognize the role and potential contribution of a civil society organized in the process of dialogue and cooperation under this Agreement and agree to promote constructive dialogue with the same organized civil society, as well as its effective participation.
Rule 41
Public administration
The parties agree to cooperate in the modernization of public administration by exchanging experiences and best practices and building on ongoing efforts in the areas of:
(a) improving organizational efficiency;
(b) strengthening the effectiveness of institutions in service delivery;
(c) ensuring transparent management of public finances and accountability;
(d) improving the legal and institutional framework;
(e) design and implementation of measures.
Rule 42
Statistics
1. The parties develop and deepen their cooperation with regard to statistical problems, thus contributing to the long-term goal of timely communication of reliable and internationally comparable statistical data. It is anticipated that sustainable, effective and professionally independent statistical systems provide useful information to citizens, businesses and decision-makers of the parties, enabling them to make informed decisions. The parties must, among other things, exchange information and skills, and develop their cooperation taking into account the experience they have already accumulated.
Cooperation is aimed at:
(a) Progressive harmonization of statistical systems of both parties;
(b) Setting data exchanges between parties taking into account relevant methodologies used at the international level;
(c) improve the professional capacities of statistical officers to enable them to apply the relevant statistical standards;
(d) promote the exchange of experiences between the parties regarding the development of statistical know-how.
2. Their cooperation may take, inter alia, the following forms: specific programmes and projects agreed upon by mutual agreement, dialogue, cooperation and initiatives on subjects of mutual interest at the bilateral or multilateral level.
PART IX
INSTITUTIONAL FRAMEWORK
Rule 43
Other agreements
1. The Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other, signed in Luxembourg on 28 October 1996 and which entered into force on 1^er April 2001, is repealed.
2. This Agreement shall update and replace the above Agreement. Any reference made to the above-mentioned agreement in any other agreement between the parties is understood to be made to this agreement.
3. The parties may complete this agreement by concluding specific agreements in any area of cooperation within its scope. Such specific agreements are an integral part of the general bilateral relations governed by this Agreement and are part of a common institutional framework.
4. In the same way, the current agreements relating to areas of cooperation within the scope of this Agreement are considered to be part of, on the one hand, general bilateral relations governed by this Agreement and, on the other, of a common institutional framework.
Rule 44
Joint Committee
1. The parties shall establish, as part of this agreement, a joint committee composed, on the one hand, representatives of the members of the Council of the European Union and representatives of the European Commission and, on the other, representatives of the Republic of Korea.
2. Consultations are held within the framework of the joint committee to facilitate implementation and to promote the achievement of the general objectives of this Agreement and to maintain a comprehensive coherence in relations and ensure the proper functioning of any other agreement between the parties.
3. The Joint Committee is responsible for:
(a) ensure the proper operation of this Agreement;
(b) To monitor the development of full relations between the parties;
(c) to request, where appropriate, information to other committees or other bodies established under other agreements under the common institutional framework and to consider all reports submitted to it;
(d) to exchange opinions and make suggestions on any matter of common interest, including future actions and available resources to achieve them;
(e) Identify priorities in line with the objectives of this Agreement;
(f) to seek ways and means to prevent any difficulties that may arise in the areas covered by this Agreement;
(g) to resolve disputes related to the application or interpretation of this agreement by consensus in accordance with Article 45, paragraph 3;
(h) to review all information submitted by one of the parties regarding non-compliance and to arrange consultations with the other party in order to find a solution acceptable to both parties, in accordance with Article 45, paragraph 3.
4. The mixed committee usually meets once a year, alternately in Brussels and Seoul. Extraordinary meetings are convened at the request of one of the parties. The chair of the joint committee is exercised alternately by each of the parties. It normally meets at the senior level.
Rule 45
Method of implementation
1. The parties shall take all the general or specific measures necessary for the fulfilment of their obligations under this Agreement and ensure that they comply with the objectives defined by this Agreement.
2. The implementation of the agreement is the subject of consensus and dialogue. However, in the event of a discrepancy on the application or interpretation of this agreement, each party may refer to the joint committee.
3. If a party considers that the other party has not fulfilled its obligations under this Agreement, it may take appropriate measures in accordance with international law. It must, except in the case of a special emergency, provide the joint committee with all the information necessary for a thorough review of the situation. The parties shall consult with the joint committee and, if appropriate, a mediator appointed by the committee may facilitate such consultations.
4. In the event of a special emergency, the measure is notified immediately to the other party. At the request of the Commission, consultations are held for a period not exceeding twenty (20) days. At the end of this period, the measure is applicable. The other party may, in that case, request arbitration in accordance with section 46 in order to examine all aspects, or the basis, of the measure.
Rule 46
Arbitration procedure
1. The arbitral tribunal shall consist of three (3) arbitrators. Each party shall designate an arbitrator and the joint committee, at the request of either party, shall designate a third arbitrator within fourteen (14) days, as the case may be. The designation of an arbitrator by a party is immediately notified in writing to the other party and transmitted through diplomatic channels. The decision of the arbitrators shall be taken by a majority. Arbitrators shall endeavour to reach a decision as soon as possible and, in any event, not later than three (3) months after the date of their appointment. The Board shall determine the detailed procedures for the accelerated conduct of the arbitration.
2. Each party to the dispute is required to take the necessary measures to implement the decision of the arbitrators. Upon request, they issue recommendations on the modalities for the implementation of their decision in order to restore the balance between the rights and obligations arising from this Agreement.
PART X
FINAL PROVISIONS
Rule 47
Definition
For the purposes of this Agreement, the term "Parties" means, on the one hand, the European Union or its Member States, or the European Union and its Member States, according to their respective competences, and on the other, the Republic of Korea.
Rule 48
National security and information disclosure
Nothing in this Agreement shall be construed to require a party to disclose information that it considers disclosure to be contrary to its essential security interests.
Rule 49
Entry into force, duration and denunciation
1. This Agreement comes into force on the first day of the month following the date on which the parties have notified themselves of the legal procedures necessary for this purpose.
2. Without prejudice to the provisions of paragraph 1, this Agreement shall be provisionally applied until its entry into force. The provisional application begins on the first day of the first month following the date on which the parties notified the completion of the necessary procedures.
3. This Agreement shall be of unlimited duration. Each party may notify the other party in writing of its intention to denounce it. Denunciation takes effect six months after notification to the other party.
Rule 50
Notifications
Notifications made pursuant to Article 49 are addressed to the General Secretariat of the Council of the European Union and the Ministry of Foreign Affairs and Trade of the Republic of Korea, respectively.
Rule 51
Statements and annexes
Statements and annexes to this Agreement shall be an integral part of the Agreement.
Rule 52
Territorial application
This Agreement applies, on the one hand, to the territories where the Treaty on the European Union is applicable and under the conditions provided for in that Treaty and, on the other, to the territory of the Republic of Korea.
Rule 53
Faithful texts
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, Swedish, Czech and Korean, each of these texts being equally authentic.
INTERPRETATIVE DECLARATION CONCERNING ARTICLES 45 AND 46
The parties are democracies that wish to work together to promote their shared values in the world. Their agreement is a manifestation of their joint determination to promote democracy, human rights, non-proliferation and the fight against terrorism in the world. The implementation of this agreement between the parties that share the same values will therefore be based on the principles of dialogue, mutual respect, equitable partnership, multilateralism, consensus and respect for international law.
For the purpose of correct interpretation and practical application of this Agreement, the parties agree that the terms "appropriate measures" used in section 45, paragraph 3, are measures proportionate to the failure to implement the obligations set out in this Agreement. Measures may be taken with respect to this agreement or a specific agreement under the common institutional framework. The choice of measures should focus on those that at least disrupt the functioning of agreements, taking into account the possible use of national law, if they exist.
The parties agree, for the purpose of correct interpretation and practical application of this Agreement, that the "special emergency cases" referred to in Article 45, paragraph 4, of the Agreement shall mean the cases of a substantial violation of the agreement by one of the two parties. Substantial violation means either a denunciation of this agreement not sanctioned by the general rules of international law or a particularly serious and substantial violation of an essential element of the agreement. The parties appreciate a possible substantial violation of Article 4, paragraph 2, taking into account the official position, if it exists, of competent international agencies.
With respect to Article 46, where measures have been taken with respect to a specific agreement under the common institutional framework, any relevant procedure for the settlement of a dispute under that specific agreement applies to the procedure for the implementation of the decision of the ad hoc arbitration group in cases where the arbitrators decide that the measure was not justified or proportioned.
UNILATERAL DECLARATION OF THE EUROPEAN UNION RELATING TO ARTICLE 12
The Plenipotentiaries of the Member States and the Plenipotentiary of the Republic of Korea take note of the following unilateral declaration:
The European Union declares that the Member States are engaged under Article 12 to the extent only that they have subscribed to these principles of good governance in the tax field at the European Union level.

Framework Agreement between the European Union and its Member States, on the one hand, and the Republic of Korea, on the other hand, made in Brussels on 10 May 2010