Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012015038&caller=list&article_lang=F&row_id=1000&numero=1094&pub_date=2013-10-29&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+
Posted the: 2013-10-29 Numac: 2012015038 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 6 February 2012. -Law approving the framework agreement between the European Union and its Member States, of the one part, and the Republic of Korea, on the other hand, done at Brussels on May 10, 2010, (1) (2) (3) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the framework agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, done at Brussels on May 10, 2010, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on 6 February 2012.
ALBERT by the King: the Deputy Prime Minister and Minister for Foreign Affairs, international trade and European Affairs, D. REYNDERS seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2011-2012.
Senate Documents. -Bill filed 11/10/2011, no. 5 - 1259/1. -Report on behalf of the Committee No. 5-1259/2.
Parliamentary Annals. -Discussion, meeting of December 1, 2011. -Vote meeting of December 1, 2011.
-Draft transmitted by the Senate, no. 53-1929/1. -Report on behalf of the Committee No. 53-1929/2.
-Text adopted in plenary meeting and submitted to the sanction royale No. 53 - 1929/3.
-Discussion, meeting of January 12, 2012. -Vote meeting of January 12, 2012.
((2) see Decree of the Flemish community / the Flemish Region by July 15, 2011 (Moniteur belge of 23 August 2011), Decree of the French community of 19 April 2012 (Moniteur belge of 22 June 2012, ed. 2) Decree of the German-speaking community of June 25, 2012) (Moniteur belge of 5 September 2012 (ed. 2)), Decree of the Walloon Region from 26 April 2012 (Moniteur belge of 22 may 2012 - Ed 1) , Order of the Region of Brussels - capital of July 23, 2012 (Moniteur belge of 28 August 2012), order of the Joint Community Commission of November 29, 2012 (Moniteur belge of 18 December 2012 - ed. 2).
Framework agreement between the European Union and its Member States, of one part, and the Republic of Korea, on the other hand the European UNION, hereinafter called 'the Union', and the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Ireland Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus , The Republic of Latvia, the Republic of Lithuania, the GRAND Duchy of LUXEMBOURG, the Republic of Hungary, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, contracting parties to the Treaty on European Union and to the Treaty on the functioning of the Union European hereinafter referred to as 'the Member States', on the one hand, and the LA REPUBLIQUE Republic of Korea, on the other hand, collectively referred to as "the parties", whereas their traditional bonds of friendship and the historical, political and economic links between them;
Recalling the framework agreement for trade and cooperation between the European Community and its Member States, of one part, and the Republic of Korea, on the other hand, signed in Luxembourg on 28 October 1996 and that entered into force on 1 April 2001;
TAKING account of the accelerated process by which the European Union acquires its own identity in the fields of foreign policy as well as the security and justice;
AWARE of the role and the increasing responsibility borne by the Republic of Korea in the international community;
Stressing the full nature of their relationship and the importance of continuous efforts for the preservation of an overall coherence;
CONFIRMING their desire to maintain and develop their regular political dialogue, which is based on values and shared aspirations;
EXPRESSING their common desire to elevate their relations to the level of a strengthened partnership, particularly in political, economic, social and cultural;
DETERMINED, in this regard, to consolidate, deepen and diversify their relations in areas of common interest, bilateral, regional and global levels, and on a basis of equality, respect for sovereignty, non-discrimination and mutual benefit;
Reaffirming their strong commitment to democratic principles and human rights, established in the universal declaration of human rights and in other relevant international instruments in this field, as well as the principles of the rule of law and good governance;
Reaffirming their determination to fight against the most serious crimes affecting the whole of the international community and their belief that it is appropriate to bring to justice the perpetrators of the most serious crimes of international significance by adopting measures at the national level and by strengthening collaboration at the global level;
CONSIDERING that terrorism is a threat against global security, wishing to intensify their dialogue and their cooperation in the fight against terrorism, in accordance with the international instruments on the subject, in particular resolution 1373 of the United Nations Security Council, and reaffirming that the respect of the human rights and the rule of law constitute the fundamental basis of the fight against terrorism;
SHARING the conviction that the proliferation of weapons of mass destruction and their means of delivery constitutes a threat to international security, recognizing the will of the international community to combat this proliferation as evidenced by the adoption of several international conventions and resolutions of the Security Council of the United Nations, including resolution 1540, and wishing to strengthen their dialogue and their cooperation in this field;
Recognizing the need for enhanced cooperation in the fields of justice, freedom and security;
Recalling, in this regard, that the provisions of the agreement falling under part III, title V, of the Treaty on the functioning of the European Union bind the United Kingdom and Ireland as contracting parties separate and not as a part of the Union European until the Union European (as the case may be) notifies the Republic of Korea that either of these two States is now linked to these issues as a member of the Union European in accordance with the Protocol on the position of the United Kingdom and the Ireland annexed to the Treaty on European Union and to the Treaty on the functioning of the European Union, and that the same applies to Denmark, in accordance with the Protocol annexed thereto treated;
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;
Reiterating their support for a fair globalization, of the 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 (WTO) Organization, were flourishing;
Desiring to ensure and promote the conditions necessary for the growth and development sustainable trade and investment between the parties, in their mutual interest, including establishing a free trade area;
AGREEING on the need to provide in order to make collective efforts against world such as terrorism, serious crime problems with international significance, the proliferation of weapons of mass destruction and their delivery systems, climate change, energy insecurity and resources, the poverty and the financial crisis;
DETERMINED to strengthen the cooperation in areas of common interest, including the promotion of democratic principles and respect for the human rights, the fight against the proliferation of weapons of mass destruction, the fight against the illegal trade of small arms and light weapons, action against the most serious crimes affecting the whole of the international community the fight against terrorism, cooperation in regional and international organizations, trade and investment, the dialogue on economic policy, Enterprise, taxation, customs cooperation, the political competition; the information society, science and technology, energy, transportation, the policy on maritime transport, consumer policy, health, employment and Social Affairs, the environment and natural resources, climate change, agriculture, rural development and forestry, marine resources and fisheries, aid to development, culture, information, communication, the audiovisual sector and the media education, the rule of law, legal co-operation, the protection of the personal data, migration, the fight against illegal drugs, the fight against
organized crime and corruption, the fight against money laundering and the financing of terrorism, the fight against cybercrime, the policing, tourism, civil society, public administration and statistics;
AWARE of the importance of facilitating participation in the cooperation of people and directly interested entities, and especially of the economic operators and their representative organizations;
Recognizing that it is desirable to strengthen the role and the profile of each of the two parties in the region on the other and encourage interpersonal contacts between them, have agreed as follows: title I basis and scope of APPLICATION Article 1 basis for cooperation 1.
The parties confirm their commitment to democratic principles, human rights and fundamental freedoms as well as the rule of law. Respect for democratic principles, the rights of man and fundamental freedoms enshrined in the Universal Declaration of human rights and in other international instruments relating to human rights, reflecting the principle of the rule of law, underlying policies domestic and international 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 contained therein.
3. the parties reaffirm their commitment to promote sustainable development in all its forms, whether it is to encourage economic growth, to contribute to the achievement of development goals defined at the international level and to cooperate for global environmental challenges, in particular as regards climate change.
4. the parties also reaffirm their commitment to the principles of good governance and the fight against corruption, especially considering their international obligations.
5. the parties emphasize their shared commitment to completeness of bilateral relations and the preservation of a general consistency in this regard.
6. the parties agree to raise their relations to the level of a strengthened partnership and develop areas of cooperation at bilateral, regional and global levels.
7. the implementation of the agreement between parties sharing the same values and the same principles is therefore based on dialogue, mutual respect, a fair partnership, multilateralism, consensus and respect for international law.
Article 2 objectives of cooperation 1.
To strengthen their cooperation, the parties undertake to intensify their political dialogue and develop their economic relations. Their efforts are aimed in particular at: has) agree on a vision for the future with regard to strengthening their partnership and the implementation of joint projects designed to implement this vision.
(b) conduct a regular political dialogue;
(c) promote collaborative efforts in all speakers and regional and international organizations competent to meet global problems;
(d) to encourage economic cooperation in areas of interetcommun, and especially the cooperation in the field of science and technology, to diversify trade to their mutual benefit;
(e) promote cooperation between enterprises by facilitating investment share and else and by promoting a better mutual understanding;
(f) strengthen the respective participation in programmes of cooperation of each of the parties that are open to the other party;
(g) strengthen the role and the profile of each of the two parties in the region on the other, by various means such as cultural exchanges, the use of information technology and education;
(h) promote interpersonal contacts and mutual understanding;
2. on the basis of their partnership for a long time and their common values, the parties undertake to strengthen their cooperation and their dialogue on all issues of common interest. Their efforts are aimed in particular at: has) strengthen political dialogue and cooperation, particularly as regards human rights, non-proliferation of weapons of mass destruction, small arms and small arms, the most serious crimes affecting 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 sustainable growth of trade and investment between the parties in their mutual interest;
(c) strengthen cooperation in the field of economic cooperation, including the dialogue on economic policy, cooperation between enterprises, taxation, customs, policy of competition; the information society, science and technology, energy, transport, maritime transport policy and consumer policy;
(d) strengthening cooperation in the areas of sustainable development, including as regards health, employment and Social Affairs, environment and natural resources, climate change, agriculture, rural development and forestry, marine resources and fisheries as well as the development assistance;
(e) strengthening cooperation in the areas of culture, information, communication, audiovisual and media as well as education;
(f) strengthen the cooperation in the fields of justice, freedom and security, including the rule of law, legal co-operation, of the data protection personal, migration, the fight against illegal drugs, the fight against organised crime and corruption, of the fight against money laundering and financing of terrorism the fight against cybercrime and the maintenance of the order;
(g) strengthen cooperation in other areas of common interest such as tourism, civil society, public administration and statistics.
Title II political DIALOGUE and political COOPERATION Article 3 Dialogue 1.
A regular political dialogue, based on values and common 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. political dialogue is intended to: a) underline the commitment of the parties to democracy and the respect for the rights of man 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 questions of international security such as the arms control and disarmament, non-proliferation of weapons of mass destruction and the international transfer of conventional arms;
(d) engage in reflection on the major international issues of common interest by increasing the exchange of relevant information, both between the two parties within international fora;
(e) strengthen consultations on the issues of particular interest to the countries of Asia-Pacific and Europe, with the aim of promoting peace, stability and prosperity in the two regions.
3. the dialogue between the parties occurred through contacts, exchanges and consultations, and materializes including by: a) meetings at the Summit at the level of leaders, which will take place whenever the parties consider necessary;
(b) annual consultations at the ministerial level, which will be held in a place agreed by the parties;
(c) information meetings at the level of senior officials on the main 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 fight against the proliferation of weapons of mass destruction 1.
The parties consider that the proliferation of weapons of mass destruction and their means of delivery, for the benefit of State and non-State actors, constitutes one of the most serious threats to international stability and security.
2. the parties therefore agree to cooperate and to contribute to the fight against the proliferation of weapons of mass destruction and their delivery systems by fully implementing the respective legal obligations which they are currently responsible for disarmament and non-proliferation and other relevant instruments that they have adopted. They agree that this provision constitutes an essential element of this agreement.
3. the parties furthermore agree to cooperate and to contribute to the fight against the proliferation of weapons of mass destruction and their delivery systems: has) taking action to sign or ratify all other relevant international instruments, or accede to, as appropriate, and to implement them fully;
(b) in implementing an effective system of control national exports, intended to prevent the proliferation of weapons of mass destruction and of the goods and related technologies, consisting of a control of the end-use of these and with civil penalties and criminal effective for breach of the export controls.
4. the parties agree
their dialogue political will accompany and reinforce these elements.
Article 5 small and light weapons caliber 1. The parties acknowledge that the manufacture, transfer and the flow of illegal small arms and small arms, including their ammunition, as well as excessive accumulation, poor management, inadequately secured stockpiles and uncontrolled weapons spread, continue to pose a serious threat to the peace and security international.
2. the parties agree to implement their respective commitments to combat the trade in illegal small arms and light weapons, including their ammunition, within the framework of international instruments, including the programme of action of the United Nations to prevent, combat and eradicate the illicit trade in small arms in all its forms, of the international instrument to enable States to identify and trace, in timely and reliable small arms and illicit small arms as well as obligations arising out of the resolutions of the UN Security Council.
3. the parties undertake to cooperate and to ensure coordination, complementarity and synergy of efforts to combat the illegal trade in small arms and light weapons, including their ammunition, at global, regional, subregional and national levels.
Article 6 the most serious Crimes affecting the international community 1. The parties reaffirm that the most serious crimes affecting the whole of the international community cannot remain unpunished and that their suppression must be effectively ensured by taking national measures and through international cooperation if there is place, especially with the International Criminal Court. They agree to fully support the universality and the integrity of the Statute of Rome establishing the International Criminal Court and related instruments.
2. the parties recognise the beneficial character of a dialogue on this subject.
Article 7 Cooperation in the fight against terrorism 1. The parties, reaffirming the importance of the fight against terrorism and in accordance with applicable international conventions, particularly with regard to international humanitarian law and legislation International on the rights of man and the refugees, as well as in accordance with their laws and respective regulations, and taking account of the global counter-terrorism strategy adopted by the General Assembly of the United Nations in its Resolution 60/288 of 8 September 2006 n1 agree to cooperate in the prevention and eradication of terrorist acts.
2. the parties shall cooperate in particular: has) in the context of the implementation of the resolutions of the Security Council of the United Nations and the respective obligations which their obligations under other conventions and relevant international instruments;
(b) through an exchange of information on terrorist groups and their support networks in accordance with international and national law;
(c) by Exchange of views on means and methods used to combat terrorism, in particular on technical and training, and by exchanges of experience in the field of the prevention of terrorism;
(d) deepening the international consensus on the fight against terrorism, including in relation to the legal definition of terrorist acts, where appropriate, and by supporting in particular the development of an agreement on the comprehensive convention on international terrorism;
(e) sharing best practices for the protection of human rights in their fight against terrorism.
Title III COOPERATION in regional organizations and international Article 8 Cooperation in regional and international organizations the parties undertake to cooperate and to exchange views in forums and international and regional organizations such as the United Nations, the International Labour Office (ILO), the Organization for cooperation and development (OECD), the WTO, the Asia-Europe Summit (ASEM) and the regional ASEAN (FRA) Forum.
Title IV COOPERATION development economic Article 9 trade and investment 1. The parties undertake to cooperate to ensure conditions necessary to the growth and expansion sustainable trade and investment between them, in their mutual interest, and to promote it. The parties undertake to engage in dialogue and strengthen cooperation in all areas of common interest related to trade and investment in order to facilitate exchanges and sustainable investment flows, prevent and remove barriers to trade and investment and to advance the multilateral trading system.
2A this effect, the parties shall implement their cooperation in the field of trade and investment through the agreement establishing a free trade area. The agreement constitutes a specific agreement making effective the trade provisions of the agreement, in accordance with article 43.
3. the parties shall keep informed of the evolution of bilateral and international trade, investments and strategies and problems in this regard and shall hold exchanges of views.
Article 10 Dialogue on economic policy 1. The parties agree to strengthen the dialogue between their authorities and to promote the exchange of information and the sharing of experiences on policies and macroeconomic trends.
2. the parties agree to strengthen dialogue and cooperation to improve the accounting, auditing and systems of supervision and regulation in the areas of Bank and insurance and as well as in other segments of the financial sector.
Article 11 Cooperation between undertakings 1. The parties, taking account of their policies and respective economic goals, agree to promote cooperation in industrial policy in all fields as they deem appropriate, in particular to improve the competitiveness of small and medium enterprises (SMEs), inter alia in the following manner: has) by exchanging information and sharing experiences on creating framework conditions favourable to the improvement of the competitiveness of SMEs and on the procedures to the creation of SMEs;
(b) by promoting contacts between economic operators, encouraging joint investments and by setting up joint ventures and networks of information, particularly in the context of existing programs;
(c) facilitating access to finance and marketing, providing information and stimulating innovation;
(d) facilitating the activities implemented by SMEs of both parties;
(e) by promoting the social responsibility of companies and their obligation to account and encouraging sustainable business practices responsible, notably regarding consumption and production.
2. the parties shall facilitate the activities of relevant cooperation implemented by their respective private sectors.
Article 12 taxation in the interest to strengthen and develop economic activities while taking account of the need to develop an appropriate regulatory framework, the parties recognize the principles of transparency, exchange of information and fair tax competition and undertake to apply them in the field of taxation. For this purpose, in accordance with their respective powers, they improve international cooperation in the field of taxation, facilitate the perception of legitimate tax revenues and implement measures aimed at the proper implementation of the above principles.
Article 13 Customs the parties shall cooperate in the customs field on a bilateral and multilateral basis. To this end, they particularly share their experiences and studying opportunities to simplify procedures, increase transparency and develop cooperation.
They are also looking for a convergence of views and joint action in the context of the relevant international forums.
Article 14 1 competition policy. The parties shall encourage fair competition in the field of economic activities by fully applying their laws and regulations relating to competition.
2. to achieve the objective set in paragraph 1 of this article and in accordance with the agreement between the Government of the Republic of Korea and the European Community concerning cooperation on anti-competitive practices, the parties undertake to cooperate in the following manner: a) Recognizing the importance of the right of competition and the competition authorities and trying to apply the law proactively in order to create an environment for fair competition;
b) by exchanging information and enhancing cooperation between the competition authorities.
Article 15 1 information society. Recognizing that information and communication technologies are essential elements of modern life and that they are of vital importance for economic and social development, the parties agree to exchange views on their respective policies in this area.
2. cooperation in this field is focused, inter alia, on: has) an exchange of views on the various aspects of the information society,
in particular policies and regulations on electronic communications, including the universal service, individual licences and general authorisations, the protection of privacy and personal data, as well as independence and effectiveness of the regulatory authority;
b) interconnection and interoperability of networks and research services, including within a regional framework;
c) standardization and dissemination of new information and communication technologies;
(d) the promotion of research cooperation between the parties in the field of information and communication technologies;
(e) the issues and aspects relating to the security of information and communication technologies, including the promotion of safety online, the fight against cybercrime and abuse in the field of the information and any form of electronic media technology.
3. cooperation between enterprises is encouraged.
Article 16 Science and technology the parties shall encourage, develop and facilitate cooperation activities in the fields of science and technology for peaceful purposes, in accordance with the agreement for 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 strive, within their respective competencies, to strengthen cooperation in this area with a view to: has) diversify their energy sources to strengthen energy security and develop new, sustainable, innovative and renewable forms of energy, including biofuels, biomass, wind and solar energy as well as the production of hydraulic electricity;
(b) support the development of policies to make renewable energies more competitive;
c) towards a rational use of energy through a contribution of the parties involved both in both supply and demand by encouraging energy efficiency during the production, transport and distribution of energy as well as at its end use;
(d) promote the transfer of technology for sustainable production of energy and energy efficiency;
(e) work towards strengthening capacities and the facilitation of investment in the energy sector taking into account the principles of transparency, non-discrimination and compatibility of the market;
(f) to promote competition in the energy sector;
g) proceed to an exchange of views on the evolution of the energy markets, and in particular on the impact of it on developing countries.
2. has this effect, the working parties, as appropriate, to the promotion of the following cooperation activities, in particular through regional and international frameworks: a) cooperation in developing energy strategies and exchange of information on energy policies;
b) exchange of information on the State of the situation and trends on the market of energy as well as in industrial and technological;
(c) conducting studies and research joint;
(d) increased trade and investment in the energy sector.
Article 18 transport 1.
The parties shall endeavour to cooperate in all areas appropriate policy on transport, including on integrated transport policy, to improve the movement of goods and passengers, to promote safety and maritime and air security and the protection of the environment and to increase the efficiency of their transport systems.
2. cooperation between the parties in this sector aims to promote: a) the exchange of information on their policies and practices of respective transport, especially for what is urban, rural, River, air and sea, including their logistics and the interconnection and interoperability of multimodal transport networks, as well as the management of roads, railways, ports and airports;
b) dialogue and joint actions in areas of common interest in the sector of air transport C particularly with regard to the agreement on certain aspects of air services and review of the possibilities to further develop the relations C as well as technical cooperation and regulatory issues related to safety and aviation safety the environment, air traffic management, the application of the competition law and economic sector of air transport regulation, to encourage the harmonization of regulations and the elimination of obstacles to economic activity. On this basis, the parties shall consider more extensive cooperation in the field of civil aviation;
(c) cooperation on reduction of gas emissions to greenhouse in the transport sector;
d) cooperation within international forums dealing with transport;
(e) the implementation of standards of safety and security standards for the prevention of pollution, particularly as regards maritime transport and aviation, in accordance with the international conventions applicable to the parties, and in particular cooperation within fora competent, to ensure a better application of international regulations.
3. as regards the global navigation by satellite for civilian use, the parties shall cooperate in accordance with the cooperation agreement on a system of global navigation satellite (systems GNSS) for civil agreement between the European Community and its Member States, on the one hand, and the Republic of Korea, other hand Article 19 policy on maritime transport 1. The parties undertake to move closer to the goal of unlimited access to markets and international maritime 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, the parties: a) refrain from introducing provisions relating to the sharing of cargoes in their future bilateral agreements with third countries concerning maritime, including dry bulk and liquid transport services and traffic of regular lines, and do not play such clauses when they exist in previous bilateral agreements;
(b) refrain from putting into force, after the entry into force of this agreement, administrative, technical and legislative measures which could have the effect of a distinction between their nationals or companies of the other party in the provision of international maritime transport services;
(c) grant to the ships operated by nationals or companies of the other party with treatment no less favourable than that accorded to its own ships with regard to access to ports open to international trade, the use of infrastructure and maritime auxiliary services of those ports, the fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading positions;
d) allow the companies to shipping of the other party to have a commercial presence in their respective territories for the purpose of practicing maritime transport activities in conditions of establishment and operation no less favourable than those accorded to their own companies or to subsidiaries or branches of companies of a third country, if they are best.
3. for the purposes of this section, access to the international maritime market includes the right for international maritime transport of each of the parties, services providers to organize international transport services door to door with a maritime route and enter into a direct contract with local suppliers of modes of transport other than maritime transport on the territory of the other party without prejudice to nationality restrictions on the transport of goods and passengers by these other modes of transport.
4. the provisions of this article apply both to the companies of the European Union and the Korean companies. Shipping companies established outside the European Union and the Republic of Korea and controlled by nationals of a Member State or the Republic of Korea are also benefiting from the provisions of this article if their vessels are registered in that Member State or in the Republic of Korea in accordance with the legislation in force.
5. the activities of shipping agencies in the European Union and the Republic of Korea subject to specific agreements if appropriate.
6. the parties maintain a dialogue on maritime transport policy.
Article 20 consumer policy the parties shall endeavour to cooperate on consumer policy in order to ensure a high level of consumer protection. They agree that cooperation in this field may include, insofar as possible, aim to: has) strengthen the compatibility of the laws relating to the protection of consumers to avoid barriers to trade while ensuring a high level of consumer protection;
(b) promote the exchange of information on the systems of consumer protection, particularly with regard to the legislation on the matter, the safety of the products, monitoring the application of legislation, education and the strengthening of consumer action and remedies at their disposal;
(c) encourage the development of independent associations of consumers and contacts between representatives of consumer groups.
Title V sustainable development COOPERATION section 21 Health 1.
The parties agree to promote cooperation and the exchange of information between them in the areas of health and the effective management of cross-border health problems.
2. the parties shall endeavour to encourage the exchange of information and mutual cooperation, inter alia as follows: a) exchange of information on infectious disease surveillance, particularly regarding pandemic influenza, as well as early warning and the measures to be taken;
b) exchange of information on health strategies and health programmes implemented by the public authorities;
(c) exchange of information on prevention policies in the field of health, such as anti-smoking campaigns, prevention of obesity and disease control measures;
d) exchange of information, to the extent possible, in the field of the safety of pharmaceuticals and authorisations for the placing on the market;
(e) exchange of information, wherever possible, as well as joint research in the field of food safety, including on issues relating to the legislation and food regulations, emergency alert systems, etc.;
(f) cooperation in areas of R & D, notably as regards treatments advanced and innovative medicines or orphans;
g) exchange of information and cooperation on health policy online.
3. the parties shall endeavour to encourage the implementation of international agreements in the health field such as the international health regulations and the framework convention on tobacco control.
Article 22-employment and Social Affairs 1. The parties agree to strengthen their cooperation in the field of employment and Social Affairs, in particular in the context of globalisation and demographic change. They make efforts to promote cooperation and the exchange of information and experiences on issues related to employment and labour. The cooperation may cover the regional and social cohesion, social integration, social security systems, acquisition of skills throughout life, health and safety at work, equality between men and women and a commendable work.
2. the parties reaffirm the need to support a globalization that benefits all and promote productive employment and dignified work as essential components of sustainable development and poverty reduction.
3. the parties reaffirm their commitment to respect, promote and enforce social standards and labour law recognized at the international level, defined in particular by the ILO declaration on the fundamental principles and rights at work.
4. the cooperation may take the form of specific programmes and projects agreed upon between the parties as well as for dialogue, cooperation and initiatives on topics of common interest, to the bilateral or multilateral level.
Article 23 environment and natural resources 1. The parties agree on the need to preserve and sustainably manage natural resources and biological diversity as essential elements in the development of present and future generations.
2. they shall endeavour to continue and strengthen their cooperation on environmental protection, including in a regional context, in particular as regards: a) climate change and energy efficiency;
(b) the environmental awareness;
c) participation in multilateral agreements on the environment and the implementation thereof, including those relating to biodiversity, biosafety and the convention on international trade in endangered species of wild flora and fauna;
d) the promotion of technologies, products and services relating to the environment, including environmental management systems and eco-labelling;
(e) prevention of transboundary illegal substances and hazardous waste and other waste types);
f) control of conservation, pollution and degradation of the coastal and marine environment;
(g) the participation, at the local level, to the protection of the environment as an essential element of sustainable development;
h) soils 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 agreements in the field of the environment should be duly taken into account.
Article 24 climate change 1. The parties recognize the common global challenge posed by climate change and the need to act to reduce emissions in order to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Within their respective jurisdictions, and without prejudice to the climate discussions in other fora, such as the framework convention of the United Nations on climate change (CCNECC), the parties shall strengthen their cooperation in this area. This cooperation aims to: a) fight against climate change, the overall goal of a rapid transition to sober companies in carbon through appropriate national mitigation and adaptation actions;
(b) promote the efficient use of resources, including using widely the best sober technologies economically viable carbon and applying standards for mitigation and adaptation;
(c) exchange of expertise and information about the benefits and the structure of emission rights trading systems;
(d) strengthen the instruments of financing of the public and private sectors, including with regard to market mechanisms and public-private partnerships that could effectively contribute to measures to combat climate change;
e) collaborate in the field of the sober carbon technologies, whether it's research, development, dissemination, use, and transfer, to mitigate greenhouse gas emissions while now economic growth;
(f) Exchange, if applicable, the experiences and skills relating to the monitoring and analysis of the effects of the gas greenhouse and the development of mitigation and adaptation programs;
(g) support, if applicable, the measures of mitigation and adaptation in developing countries, including through the flexibility mechanisms of the Kyoto Protocol.
2A this effect, the parties agree to intensify dialogue and cooperation in the political, strategic and technical levels.
Article 25 Agriculture, rural development and forestry the parties agree to promote cooperation in agriculture, rural development and forestry. They exchange information and develop their cooperation on: has) policy agriculture and forestry as well as agricultural and forestry prospects internationally in general;
b) registration and the protection of geographical indications;
(c) organic production;
(d) research in the fields of agriculture and forestry);
e) development policy for rural areas and, in particular, diversification and the restructuring of the agricultural sectors;
f) sustainable agriculture, forestry and the taking into account of environmental requirements in the agricultural policy;
(g) the links between agriculture, forestry and the environment and rural development policy;
(h) activities to promote, agricultural products and foodstuffs);
(i) the sustainable management of forests in order to prevent deforestation and encourage the creation of new forest land, taking due account of the interests of developing countries which export of wood.
Article 26 marine and fisheries the parties shall encourage cooperation in the field of fisheries and marine, at the bilateral and multilateral levels, including promoting development and a sustainable and responsible management of fisheries and marine. This cooperation may include the following areas: a) the exchange of information;
b) support for a sustainable and responsible long-term policy of fisheries and the marine environment, including conservation and management of coastal and marine resources; and (c) support the efforts of prevention and fight against illegal fishing practices, unreported and unregulated.
Article 27 assistance to development 1. The parties shall exchange information on their development assistance policies to establish a regular dialogue on these policy objectives and their respective programmes of development in third countries. They are studying to what extent it is possible to intensify cooperation, in accordance with their respective laws and requirements for the implementation of these programs.
2. the parties reaffirm their commitment to the Paris declaration of 2005 on aid effectiveness and agree to strengthen cooperation to improve outcomes in the field of development.
Title VI COOPERATION in the field of CULTURE and EDUCATION section 28 Cooperation in the fields of culture, information, communication, and audiovisual sector media 1. The parties agree to promote cooperation in order to strengthen mutual understanding and knowledge of their respective cultures.
2. the parties shall endeavour to take appropriate measures to promote cultural exchanges and to carry out joint initiatives in this field.
3. they agree to cooperate closely in the competent international fora, such as the Organization of the United Nations Educational, scientific and Cultural (Organization UNESCO) and ASEM, to pursue common objectives and promote cultural diversity, in accordance with the provisions of the convention by UNESCO on the protection and promotion of the diversity of cultural expressions.
4. the parties are studying ways to encourage the exchanges, cooperation and dialogue between competent institutions in the fields of audiovisual and media.
Article 29 Education 1. The parties recognize the crucial contribution of education and training to the development of human resources capable of participating in a global knowledge-based economy; they agree in their common interest to cooperate in the fields of education and training.
2. in accordance with their common interests and objectives of their educational policies, the parties undertake to promote cooperation activities in the fields of education, training and youth, the emphasis in particular on higher education. Cooperation may involve: has) support for cooperation projects shared between institutions of education and training of the European Union and the Republic of Korea to promote the development of the curriculum, placing on foot of joint study programmes and mobility of students;
(b) dialogue, studies as well as an exchange of information and know-how in the field of educational policy;
c) promote exchanges of students, faculty members and administrative staff of institutions of higher education as well as youth workers, particularly by the implementation of the Erasmus Mundus programme;
d) cooperation in educational areas of common interest.
Title VII COOPERATION in the field of JUSTICE, of the freedom and the safety Article 30 statement of law in cooperation in the field of justice, freedom and security, the parties give 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.
Article 31 Judicial Cooperation 1. The parties agree to develop judicial cooperation in civil and commercial matters, in particular as regards the ratification and the implementation of multilateral conventions on judicial cooperation in civil matters, and in particular the of Hague Conference of private international law conventions relating to international judicial cooperation, international litigation and the protection of children.
2. the parties agree to facilitate and encourage the use of arbitration to resolve civil and commercial disputes private whenever applicable international instruments permit.
3. as regards judicial cooperation in criminal matters, the parties shall endeavour to strengthen mutual legal assistance and extradition mechanisms.
This is especially to accede to relevant international instruments of the United Nations, including the Rome Statute establishing the International Criminal Court referred to in article 6 of this agreement, and to implement.
Section 32 1 Personal Data Protection.
The parties agree to cooperate in order to align the level of protection of the personal data on the highest international standards, including those contained in the guidelines of the United Nations for the regulation of computerised records of personal data (Resolution 45/95, the General Assembly of the United Nations of 14 December 1990).
2. cooperation on personal data protection may include the exchange of information and skills.
Article 33 migration 1. The parties agree to strengthen and deepen cooperation in the areas of illegal immigration, trafficking in migrants and trafficking in human beings human. Migration issues should be integrated into national strategies for socio-economic development of the regions which migrants originate.
2. in the framework of the cooperation to prevent and control illegal immigration, the parties agree to readmit their nationals staying illegally on the territory of the other party.
They provide their citizens identity documents appropriate to this end. If there are doubts about the nationality of a person, they agree to identify their alleged nationals.
3. the parties shall endeavour to conclude, if applicable, an agreement governing the special provisions relating to the readmission of their nationals. This agreement shall also specify the conditions applicable to nationals of other countries and stateless persons.
Article 34 struggle against illicit drugs 1. In accordance with their legislation and respective regulations, the parties shall endeavour to reduce the supply, trafficking and demand for illicit drugs and their impact on drug users and society as a whole and more effectively prevent the diversion of drug precursors used in illicit drug manufacture and psychotropic substances. In the context of their cooperation, they ensure that a comprehensive and balanced approach to achieve this goal through action and coordination effective between competent authorities, including the areas of health, education, social services, maintaining order and justice as well as for regulation of the legal market.
2. the parties agree on the modalities of cooperation to be implemented to achieve these goals. Actions are based on common principles under international conventions in force in this area, the political declaration and the special declaration on the guidelines to follow to reduce the demand for narcotic drugs, adopted by the twentieth special session of the General Assembly UN on drugs of June 1998.
Article 35 fight against organized crime and corruption the parties agree to cooperate and to contribute to the fight against organised crime, economic and financial, and against corruption, counterfeiting and illegal transactions, in full respect of their mutual international obligations existing in this area, particularly by effective cooperation in the recovery of assets or funds derived from acts of corruption. They support the implementation of the convention against transnational organized crime and its additional protocols as well as the United Nations anti-corruption convention.
Article 36 fight against money-laundering and the financing of terrorism 1. The parties agree to the need to work and cooperate to prevent their financial systems are used to money laundering from criminal activities, including trafficking in drugs and corruption, and the financing of terrorism. This cooperation extends to the recovery of assets or funds derived from criminal acts.
2. the parties may exchange useful information in the context of their respective laws and apply appropriate standards to combat money laundering and the financing of terrorism, equivalent to those adopted by relevant international bodies active in this field, such as the financial action task force on money laundering (FATF).
Article 37 fight against cybercrime 1. The parties shall strengthen their cooperation in relation to the prevention and combating crime in the fields of high technology, cyberspace and electronics, and against the diffusion of elements to terrorist content on the Internet through an exchange of information and experiences in accordance with their national legislation within the limits of their responsibility.
2. the parties shall exchange information in the areas of education and training of investigators specialize in cybercrime investigation on cybercrime and digital forensics.
Article 38 Cooperation between law enforcement authorities the parties agree to cooperate in the level of their authorities, agencies and law enforcement agencies and contribute to the judgment and the disappearance of the threats of transnational crime common to both parties. This cooperation may take the form of mutual assistance in investigations, sharing of investigative techniques, a
training and a common teaching of the staff of law enforcement and any other type joint activities and assistance services to be determined by mutual agreement between the parties.
Title VIII COOPERATION in of other areas Article 39 tourism the parties undertake to establish cooperation in the field of tourism, in order to increase their mutual understanding and promote a balanced and sustainable tourism development.
This cooperation can be achieved notably by: has) the exchange of information on issues of common interest regarding tourism.
(b) the organisation of tourist events;
(c) tourism exchanges;
(d) cooperation in the conservation and management of cultural heritage);
(e) cooperation in the field of the tourism management).
Article 40 civil society parties recognize the role and potential contribution of civil society in the process of dialogue and cooperation under this agreement and agree to foster a constructive dialogue with this same organised civil society, as well as its effective participation.
Article 41 Public Administration the parties agree to cooperate in what concerns the modernisation of the public administration by exchanging experiences and best practices and relying on the ongoing efforts in areas related to: has) the improvement of organizational effectiveness;
(b)) the strengthening of the effectiveness of the institutions in relation to the provision of services;
(c) ensuring transparent management of public finances and accountability;
(d) the improvement of the legal and institutional framework);
(e) the design and implementation of measures).
Article 42 statistics 1.
The parties develop and deepen their cooperation in relation to statistical problems, thus contributing to the long-term objective of a communication in a timely manner of statistical data reliable and comparable at the international level. It is expected that sustainable, efficient and professionally independent statistical systems provide useful information to citizens, companies and makers of the parties, enabling them to make informed decisions. Parties should, inter alia, exchange of information and skills, and develop their cooperation taking into account the experience that they have already accumulated.
The cooperation aims to: has) achieve a progressive harmonisation of the statistical systems of the two parties;
(b) set up data exchange between the parties taking into account the relevant methodologies used at the international level;
(c) enhance the professional capacity of statistical agents to enable them to apply the relevant statistical standards;
(d) promote the exchange of experiences between the parties regarding the development of statistical expertise.
2. their cooperation may take, inter alia, the following forms: programs and projects specific, agreed to a mutual agreement, dialogue, cooperation and initiatives on topics of common interest to the bilateral or multilateral level.
Title IX framework institutional Article 43 other agreements 1. The framework agreement for trade and cooperation between the European Community and its Member States, of one part, and the Republic of Korea, on the other hand, signed in Luxembourg on 28 October 1996 and which came into force on April 1, 2001, is repealed.
2. this agreement updates and replaces the above-mentioned agreement. Any reference to the above-mentioned agreement in any other agreement between the parties shall be construed as made to this agreement.
3. the parties may supplement this agreement by the conclusion of specific agreements in any area of cooperation falling within its scope. Such specific agreements are an integral part of general bilateral relations governed by this agreement and are part of a common institutional framework.
4. in the same way, currently in force, agreements on areas of cooperation within the scope of application of the present agreement, are considered as a party, on the one hand, general bilateral relations governed by this agreement and, on the other hand, a common institutional framework.
Article 44 Joint Committee 1. Under this agreement, the parties shall establish a Joint Committee composed, on the one hand, of representatives of the members of the Council of the European Union and representatives of the European Commission and, on the other hand, of representatives of the Republic of Korea.
2. consultations shall take place within the Joint Committee to facilitate the implementation and to promote the attainment of the General objectives of this agreement as well as to maintain overall coherence in relations and ensure the proper functioning of any other agreement between the parties.
3. the Joint Committee has for mission: a) to ensure the proper functioning of this agreement;
(b) to monitor the development of full relations between the parties;
(c) seek, where appropriate, information to other committees or other bodies established under other agreements under the common institutional framework and to consider all the reports they submit to him;
d) to exchange views and make suggestions on any subject with a common interest, including the future actions and the resources available to achieve them;
(e) to prioritize the objectives of this agreement;
(f) to seek ways and means to prevent the difficulties which might arise in areas covered by this agreement;
g) resolve disputes related to the application or interpretation of this agreement by consensus in accordance with article 45, paragraph 3;
h) to examine all information submitted by one of the parties concerning the non-execution of obligations and to hold consultations with the other party in order to find a solution acceptable to the two parties, in accordance with article 45, paragraph 3.
4. the Joint Committee meets usually once a year, alternately in Brussels and Seoul. Extraordinary meetings shall be 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 level of senior officials.
Section 45 procedures for implementation 1. The parties shall take all General measures or particular necessary for fulfilment of the obligations that their obligations under this agreement and shall ensure that they comply with the objectives defined by the.
2. the implementation of the agreement is the subject of consensus and dialogue. However, in case of divergence of views on the implementation or interpretation of this agreement each party may refer to the Joint Committee.
3. If either party considers that the other party has not fulfilled the obligations entrusted to it under this agreement, it may take appropriate measures in accordance with international law. It must first, except in cases of special urgency, provide to the Board all the information required for a thorough examination of the situation. The parties shall consult within the Joint Committee, and if they agree, a mediator appointed by the Committee may facilitate these consultations.
4. in the case of special urgency, the measure shall be notified immediately to the other party. At its request, consultations shall be held for a period not exceeding twenty (20) days. At the end of this period, the measure is applicable. Either party may request, in this case, arbitration under section 46, to examine all aspects, or the basis, the measure.
Article 46 arbitration 1. The arbitral tribunal consists of three (3) arbitrators. Each Party shall designate an arbitrator and the Joint Committee at the request of one or other of them, shall appoint a third arbitrator within fourteen (14) days, as the case may be. The appointment of an arbitrator by a party is immediately notified in writing to the other party and transmitted through the diplomatic channel. The decision of the arbitrators is taken by the majority. The arbitrators shall endeavour to reach a decision as soon as possible and, in any event, no later than three (3) months after the date of their appointment. The Joint Committee shall adopt the detailed procedures for the accelerated conduct of the arbitration.
2. each party to the dispute shall take the measures necessary for the implementation of the decision of the arbitrators.
On request, these emit recommendations on the modalities of implementation of their decision in order to restore the balance between the rights and obligations arising from this agreement.
Title X final provisions Article 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 hand, the Republic of Korea.
Article 48 national security and disclosure of information nothing in this Agreement shall be construed to require a party that it reveals information which it considers the disclosure contrary to its essential security interests.
Article 49 entry into force, duration and termination 1. This agreement shall enter into force the first day of the month following the date on which the parties have notified the completion of the legal procedures necessary to this end.
2. without prejudice to the provisions
paragraph 1, this agreement is applied on a provisional basis until its entry into force. The provisional application begins the first day of the first month following the date on which the parties have notified the completion of the necessary procedures.
3. this agreement is of unlimited duration. Each party may notify in writing to the other party that it intends to denounce it. The denunciation shall take effect six months after notification to the other party.
Article 50 Notifications notifications made in accordance with article 49 are addressed respectively to the general secretariat of the Council of the European Union and the Ministry of Foreign Affairs and trade of the Republic of Korea.
Article 51 Declarations and statements annexes and the annexes to this agreement are an integral part of it.
Article 52 territorial Application this Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union is applicable and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Republic of Korea.
Article 53 authentic texts this agreement is drawn up 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.
DECLARATION INTERPRETATIVE municipality concerning the blogs 45 and 46 parties are democracies which wish to work together to promote in the world of their shared values. 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 the agreement between the parties which share the same values will therefore founded on the principles of dialogue, mutual respect, a fair partnership, multilateralism, consensus and respect for international law.
The parties agree, for the purposes of the correct interpretation and practical application of this agreement, that the words "appropriate measures" in article 45, paragraph 3, are measures that are proportionate to the lack of implementation of the obligations under this agreement. Measures can be taken concerning this agreement or specific agreement under the common institutional framework. The choice of the measures must be priority on those that disturb least the operation of the agreements, taking into account the possible recourse to national legal remedies, if they exist.
The parties agree, for the purposes of the correct interpretation and practical application of this agreement, that "cases of special urgency" referred to in article 45, paragraph 4, of the agreement mean cases of material breach of the agreement by one of the two parties. Material breach means either a denunciation of the agreement not sanctioned by the General rules of international law or infringement particularly serious and substantial of an essential element of the agreement. The parties enjoy a possible substantial violation of article 4, paragraph 2, taking into account the official position, if any, competent international agencies.
In relation to article 46, where measures have been taken concerning a specific agreement under the common institutional framework, any relevant dispute settlement procedure provided for by this specific agreement applies to the procedure of implementation of the decision of the arbitration panel in cases where arbitrators decide that the measure was not justified or proportionate.
DECLARATION unilateral of the UNION European RELATIVE to the 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 Member States are committed under article 12 to the extent only where they endorsed these principles of good governance in the tax area at the level of the European Union.
Framework agreement between the European Union and its Member States, of the one part, and the Republic of Korea, on the other hand, done at Brussels on May 10, 2010 States/OrganisationsDate consentementDate AuthentificationType Consentemententree force local ALLEMAGNE10/05/2010Notification16/04/2013 AUTRICHE10/05/2010Notification23/06/2011 BELGIQUE10/05/2010Notification11/01/2013 BULGARIE10/05/2010Notification04/01/2011 CHYPRE10/05/2010Notification17/09/2013 Korea (REP.) 10/05/2010Notification20/04/2011 DANEMARK10/05/2010Notification21/06/2010 ESPAGNE10/05/2010Notification16/01/2012 ESTONIE10/05/2010Notification09/07/2010 data10/05/2010Notification-FRANCE10/05/2010Notification-GRECE10/05/2010Notification26/09/2013 HONGRIE10/05/2010Notification10/03/2011 Ireland.10/05/2010Notification04/06/2013 ITALIE10/05/2010Notification19/03/2013 LETTONIE10/05/2010Notification06/01/2011 LITUANIE10/05/2010Notification12/06/2012 LUXEMBOURG10/05/2010Notification31/12/2012 MALTE10/05/2010Notification22/05/2013 country-BAS10/05/2010Notification27/03/2012 poland10/05/2010Notification15/04/2011 PORTUGAL10/05/2010Notification20/01. 2012 ROUMANIE10/05/2010Notification04/06/2012 Kingdom-UNI10/05/2010Notification30/11/2012 SLOVAQUIE10/05/2010Notification04/05/2011 SLOVENIE10/05/2010Notification06/02/2013 SUEDE10/05/2010Notification12/09/2011 Czech REP.10/05/2010Notification08/06/2011 UNION EURO.10/05/2010Notification-
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