Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012015040&caller=list&article_lang=F&row_id=1000&numero=1095&pub_date=2013-10-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+
Posted the: 2013-10-28 Numac: 2012015040 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 6 February 2012. -Law approving the framework agreement global partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, and to the final act, made in Jakarta on November 9, 2009, (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 global partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, on the other, and the final act, made in Jakarta on November 9, 2009, will release their 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 sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2011-2012.
Records bill filed 11/10/2011, no. 5-1260/1. -Report on behalf of the Committee No. 5-1260/2.
Parliamentary Annals Discussion, meeting of December 1, 2011. -Vote meeting of December 1, 2011.
House of representatives.
Documents draft transmitted by the Senate, no. 53-1930/1. -Report on behalf of the Committee No. 53-1930/2. -Text adopted in plenary meeting and submitted to the sanction royale No. 53 - 1930/3.
Parliamentary Annals Discussion, meeting of January 12, 2012.
-Vote meeting of January 12, 2012.
(2) see Decree of the Flemish Community / Flemish Region of May 6, 2011 (Moniteur belge of 10 June 2011), Decree of the French community of April 19, 2012 (Moniteur belge of 26 June 2012 - Ed 1), Decree of the German-speaking community of June 25, 2012) (Moniteur belge of 5 September 2012), Decree of the Walloon Region from 26 April 2012 (Moniteur belge of 22 may 2012 - Ed 1) order of the Brussels-Capital Region from July 23, 2012 (Moniteur belge of 28 August 2012), order of the common Community Commission of November 29, 2012 (Moniteur belge of 18 December 2012).
Overall framework of partnership and cooperation agreement between the European Community and its Member States, of one part, and the Republic of Indonesia, other part the European Community, hereinafter referred to as 'the Community', as well as the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain , THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE GRAND-DUCHY OF LUXEMBOURG, THE REPUBLIC OF HUNGARY, MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF POLAND, THE 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 establishing the European Community and the Treaty on European Union, hereinafter referred to as 'the Member States', on the one hand, and the Government of the Republic of Indonesia, on the other hand, collectively referred to as "the parties", considering the traditional links of friendship between the Republic of Indonesia and the community as well as historical relations, policies and narrow economic between them, having regard to the particular importance that the parties attach to the comprehensiveness of their mutual relations Reaffirming the commitment of the parties to respect the principles of the Charter of the United Nations, reaffirming the commitment of the parties to respect, the promotion and the protection of democratic principles and the the basic human rights, the rule of law, peace and international justice in accordance with, inter alia, the Universal Declaration of the rights of the Nations human United the Rome Statute and other international instruments applicable to the two parties, reaffirming respect for the sovereignty, territorial integrity and national unity of the Republic of Indonesia, reaffirming their commitment to the principles of the rule of law and good governance human rights and their desire to promote economic and social progress for their people taking into account the principle of sustainable development and the requirements for the protection of the environment, reaffirming that the most serious crimes affecting the international community cannot remain unpunished and that those who are accused should be brought to justice and duly punished if they are found guilty and their suppression must be effectively ensured by taking measures at the national level and by strengthening collaboration at the global level EXPRESSING their total commitment in the fight against all forms of criminality and organized transnational terrorism in accordance with international law, including legislation on the rights of man, to the humanitarian principles applicable to issues relating to migration and refugees as well as to international humanitarian law, and their resolution to create effective international instruments to ensure their eradication Recognizing that the adoption of the relevant international conventions and other resolutions of the United Nations Security Council, including resolution 1540, are at the basis of the commitment of the international community in the fight against the proliferation of weapons of mass destruction, recognizing the need to strengthen disarmament and non-proliferation under international law obligations with the aim, inter alia, to exclude the danger posed by weapons of mass destruction, recognizing the importance of the cooperation agreement of 7 March 1980 between the Economic Community European and the Indonesia, Malaysia, the Philippines, Singapore and Thailand C member countries of the Association of the Southeast Asian nations, and subsequent association protocols, recognizing the importance of strengthening the existing relations between the parties to improve the cooperation between them and their willingness to consolidate to deepen and diversify their relations in areas of mutual interest on the basis of the principles of equality, non-discrimination, respect for the natural environment and mutual benefit, confirming their desire to improve, taking account of the activities undertaken within a regional framework, the cooperation between the Community European and the Republic of Indonesia, on the basis of common values and mutual benefit In accordance with their legislation and respective regulations, have agreed as follows: title I NATURE and scope ARTICLE 1 General principles 1. Respect for democratic principles and fundamental human rights enshrined in the universal declaration of the rights of man, as well as other international instruments of human rights applicable to both parties, underlying policies domestic and international parties and constitutes an essential aspect of the agreement.
2. the parties confirm their shared values expressed in the Charter of the United Nations.
3. the parties confirm their commitment to promote sustainable development, to cooperate in meeting the challenge of climate change and to contribute to the achievement of the Millennium development goals.
4. 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.
5. the parties reaffirm their commitment to the principles of good governance, the rule of law, including the independence of the judiciary, and the fight against corruption.
6. the implementation of this partnership and cooperation agreement is based on the principles of equality and mutual benefit.
ARTICLE 2 objectives of cooperation to strengthen their bilateral relations, the parties are committed to a comprehensive dialogue and to further cooperation in all areas of common interest. Their efforts include to: has) implement bilateral cooperation in all international and regional organizations and bodies competent;
(b) to develop trade and investment between the parties to their mutual advantage;
c) develop cooperation in all areas related to trade and investment of mutual interest in order to facilitate the flow of trade and investment and to prevent and remove barriers to trade and investment, including, where appropriate, through regional initiatives underway and future of the EC-ASEAN;
(d) put in place a cooperation in all other sectors of common interest, including tourism, financial services, taxation and customs, macroeconomic policy, industrial policy and SMEs, the society of information, science and technology; energy, transportation and security of transport, education and culture, the rights of man, the environment and natural resources, including the environment
Marin, forestry; agriculture and rural development, cooperation in the maritime sector and fisheries, health, food safety, animal health, statistics, the protection of the personal data, cooperation in the modernization of public administration and intellectual property rights;
(e) develop cooperation on issues of migration, legal and illegal, of trafficking and trafficking in persons;
(f) put in place a cooperation in the field of the rights of man and of justice;
(g) develop and implement a cooperation in the fight against the proliferation of weapons of mass destruction;
(h) put in place a cooperation in the fight against crime and transnational terrorism, including the manufacture and trafficking of illicit drugs and their precursors and money-laundering;
(i) promote the current and future participation of the two parties to subregional and regional cooperation programmes appropriate.
(j) improve the profile of the two parties in their respective regions;
(k) promote interpersonal understanding through cooperation between different non-governmental entities such as think tanks, universities, civil society and the media, through the Organization of seminars, conferences, youth exchanges and other activities.
ARTICLE 3 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, both to 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 means of delivery fully respecting and implementing at the national level the obligations that their current obligations under international disarmament and non-proliferation treaties and conventions, as well as other agreements multilaterally negocieset international obligations under the Charter of the United Nations. The parties agree that this provision constitutes an essential element of this agreement.
3. the parties furthermore agree to cooperate and to take the necessary measures to improve the implementation of international instruments on disarmament and non-proliferation of weapons of mass destruction applicable to both parties, including by exchanges of information, know-how and experience.
4. the parties agree to cooperate and to contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery by taking steps to sign, ratify or accede, as appropriate, to all other relevant international instruments and fully implement.
5. the parties agree in addition to cooperate in the establishment of a national system of effective export control, designed to prevent the proliferation, consisting of control of exports and transit of goods related to weapons of mass destruction, as well as control the end-use of dual-use technologies, and containing effective sanctions for breach of the export controls.
6. the parties agree to establish a regular political dialogue that will accompany and strengthen these elements. This dialogue can take place on a regional basis.
ARTICLE 4 Legal Cooperation 1. The parties shall cooperate on issues relating to their legal systems, laws and judicial institutions, including their effectiveness, including through an exchange of views and expertise and a capacity-building. As part of their powers and competences, the parties shall endeavour to provide mutual legal assistance in criminal matters and extradition.
2. the parties reaffirm that the most serious crimes affecting the international community as a whole cannot remain unpunished and that those who are accused should be brought to justice and duly punished if they are found guilty.
3. the parties agree to cooperate in the implementation of the Presidential Decree on the national plan of action for 2004-2009 human rights, including in the preparatory work for the ratification and application of international instruments for the defence of human rights such as the convention on the prevention and punishment of the crime of genocide and the International Criminal Court Rome Statute.
4. the parties acknowledge the beneficial character of a dialogue on this subject.
ARTICLE 5 Cooperation in the fight against terrorism 1. The parties, reaffirming the importance of the fight against terrorism and in accordance with applicable international conventions, including the human rights instruments and the right international humanitarian, as well as their legislation and respective regulation, and taking into account the global strategy against terrorism adopted by the General Assembly of the United Nations in Resolution No. 1 60/288 of 8 September 2006 and EU-ASEAN Joint declaration on cooperation in the fight against terrorism adopted on 28 January 2003, agree to cooperate in the prevention and eradication of terrorist acts.
2. within the framework of the implementation of resolution 1373 of the Security Council of the United Nations and other relevant resolutions of the United Nations conventions and international instruments applicable to both parties, they cooperate in the fight against terrorism, inter alia as follows: (c) to exchange information on terrorist groups and their support networks in accordance with international law and national;
C by an exchange of views on means and methods used to counter terrorism, including in technical fields and the level of training, and by Exchange of experiences in the field of the prevention of terrorism;
(C) cooperation on the application of the legislation, a strengthening of the legal framework and action on the conditions that fuel the spread of terrorism;
C by a cooperation to improve the control and management of borders, a capacity-building through the establishment of networks, training programmes, exchanges of officials, academics, analysts and field operators, and the Organization of seminars and conferences.
Title II COOPERATION in the organizations regional and international ARTICLE 6 the parties undertake to exchange views and cooperate in forums and organizations such as the United Nations, the EU-ASEAN dialogue, and regional (FRA) ASEAN regional Forum, the Asia-Europe Summit (ASEM), the UN Conference on trade and development (UNCTAD) and the world trade (WTO) Organization.
TITLE III COOPERATION BILATERAL AND REGIONAL SECTION 7 1. For each area of dialogue and cooperation under this agreement, while properly focusing on the issues of bilateral cooperation, the two parties agree to carry out the relevant activities at the bilateral or regional level or a combination of the two frameworks.
For the choice of the appropriate framework, the parties seek to maximize the impact on all stakeholders and strengthen the participation of the latter while using the best available resources, taking into account the political and institutional feasibility and, where appropriate, ensuring coherence with other activities involving the community and ASEAN partners.
2. the community and the Indonesia may, where appropriate, decide to extend financial support for cooperation activities in the fields covered by the agreement or thereto, in accordance with their respective financial resources and procedures. This cooperation may include the Organization of programs of training, workshops and seminars, exchanges of experts, studies and other actions agreed by the parties.
Title IV COOPERATION in trade and investment section 8 General principles 1. The parties engage in a dialogue on bilateral and multilateral trade and trade-related issues to enhance their bilateral trade relations and to advance the multilateral trading system.
2. the parties undertake to promote the development and diversification of their reciprocal commercial exchanges at the highest level possible and to their mutual advantage. They undertake to improve the conditions of access to the market by supporting the removal of barriers to trade, including by removing non-tariff barriers in a timely manner and taking measures to improve transparency, taking into account the work done by international organizations in this field.
3. Recognizing that trade plays an indispensable role in the development and that assistance in the form of trade preferences schemes proved to be beneficial for developing countries, the parties shall endeavour to intensify consultations on this assistance in full respect of the rules of the WTO.
4. the parties shall keep informed of the evolution of trade and policies related to trade such as the agricultural policy, the policy of food safety, animal health, consumer policy, policy on substances
chemical hazardous and waste management policy.
5. the parties shall encourage dialogue and cooperation to improve trade relations and investment flows, including through a reinforcement of technical capabilities to solve problems in the areas referred to in articles 9 to 16.
ARTICLE 9 health and phytosanitary (SPS) parties examine and exchange information on procedures for legislation, approval and inspection, especially in the context of the WTO agreement on sanitary and phytosanitary measures (SPS), the international convention for the protection of plants (IPPC), the Office international des epizooties (OIE) and the Codex Alimentarius Commission.
ARTICLE 10 technical barriers to trade (TBT) the parties contribute to promote the use of international standards, shall cooperate and exchange information on standards, conformity assessment procedures and technical regulations, particularly in the context of the WTO agreement on technical barriers to trade (TBT).
ARTICLE 11 Protection of intellectual property rights the parties shall cooperate to improve and enforce the protection of intellectual property and its use on the basis of best practices, and to promote the dissemination of knowledge in this area. This cooperation may include the exchange of information and experiences on issues such as use, promotion, dissemination, streamlining, management, harmonisation, protection and effective respect for intellectual property rights, the prevention of the abuse of these rights and the fight against counterfeiting and piracy.
ARTICLE 12 the parties Trade Facilitation share experiences and examine the possibilities to simplify the procedures for import, export and other customs procedures, to improve the transparency of trade regulations and develop customs cooperation, including mechanisms of mutual administrative assistance, and also looking for a convergence of views and joint action in the context of international initiatives. The parties shall particularly strengthen the dimension security of international trade, including transport services, and to ensure a balanced approach between trade facilitation and the fight against fraud and irregularities.
ARTICLE 13 Customs Cooperation without prejudice to other forms of cooperation provided for in this agreement, both parties affirm the importance they give to the consideration of the possibility of concluding a Protocol on customs cooperation, including mutual assistance, within the institutional framework laid down by this agreement in the future.
ARTICLE 14 investment the parties shall promote a flow of investment more important through the development of an attractive and stable environment for investment mutual through a coherent dialogue to improve understanding and cooperation on investment issues, to explore some administrative mechanisms to facilitate investment flows and promote a stable and transparent investment regime, open and non-discriminatory.
ARTICLE 15 competition policy parties contribute to promote the establishment and effective enforcement of competition rules, as well as the dissemination of information in order to foster transparency and legal certainty for undertakings operating on their respective markets.
ARTICLE 16 Services the parties shall establish a coherent dialogue aimed to exchange information on their regulatory respective environments, to promote access to their respective markets and sources of capital and technology, as well as to promote trade in services between the two regions and on third country markets.
Title V COOPERATION in other areas section 17 tourism 1. The parties may cooperate to improve information exchange and implement best practices to ensure a balanced and sustainable development of tourism in accordance with the global code of ethics of tourism approved by the World Tourism Organization and the principles of sustainability at the base of the local Agenda 21 process.
2. the parties may intensify their cooperation to safeguard and optimize the potential of the natural and cultural heritage, mitigate the negative impacts of tourism and increase the positive contribution of the tourism industry in the sustainable development of local communities, including by the promotion of eco-tourism, respect for the integrity and the interests of local communities and the improvement of training in the tourism sector.
ARTICLE 18 Financial Services the parties agree that they shall endeavour to promote cooperation in the field of financial services, depending on their needs and in the framework of their respective programmes and legislation.
ARTICLE 19 Dialogue on economic policy 1.
The parties agree to cooperate in the promotion of the exchange of information and sharing of regional experiences on their respective economic policies and trends, notably in the context of cooperation and economic integration.
2. the parties shall endeavour to deepen the dialogue between their respective authorities on economic issues, agreed upon by them, particularly in the areas of monetary policy, fiscal policy (including tax), public finance, macroeconomic stabilization and foreign debt.
3. the parties recognize that it is important to improve transparency and the exchange of information to facilitate the application of the measures of prevention of fraud or tax evasion, in the context of their respective legal frameworks. They agree to enhance cooperation in this area.
ARTICLE 20 industrial policy and cooperation among SMEs 1. The parties, taking into account their policies and respective economic objectives, are suitable to stimulate industrial policy cooperation in all fields as they deem appropriate, to improve the competitiveness of small and medium-sized enterprises, inter alia in the following way: C by exchanging information and sharing experiences on the creation of favourable conditions for the improvement of the competitiveness of small and medium-sized enterprises;
(C) promoting contacts between economic operators, encouraging joint investments and joint ventures, as well as the information networks, including through existing horizontal Community programmes, by stimulating, in particular, technology transfer and know-how between partners;
C facilitating access to the means of financing, providing information and stimulating innovation through the exchange of best practices on access to funding, in particular for micro - and small enterprises;
(C) for joint research projects in specific industrial sectors and by cooperation on standards and procedures for assessment of conformity as well as on technical regulations, in a manner agreed by common accord.
2. the parties facilitate and support relevant activities determined by their respective private sectors.
ARTICLE 21 information society stakeholders, recognizing that information and communication technologies are fundamental elements of modern life and are essential to the economic and social development, strive to cooperate by focusing inter alia on: has) in-depth dialogue on the various aspects of the society of information, in particular policies and regulations on electronic communication including universal service, individual licences and general authorisations, the protection of privacy and personal data, as well as the independence and effectiveness of the supervisory authority;
b) interconnection and interoperability of networks and services of the European Union, the Indonesia and Southeast Asia;
c) standardization and dissemination of new information and communication technologies;
(d) the promotion of research cooperation between the community and Indonesia in the field of information and communication technologies);
(e) joint research projects in the field of information and communication (ICT) technology;
f) issues/aspects of the ICT security.
ARTICLE 22 science and technology 1. The parties agree to cooperate in the fields of science and technology, in areas of common interest, such as energy, transport, the environment, natural resources and health, taking into account their respective policies.
2. this cooperation is intended: a) to encourage the exchange of information and know-how in the field of science and technology, particularly with regard to the implementation of policies and programmes;
(b) to promote sustainable relationships between the scientific communities, the research centres, universities and industry;
(c) to promote the training of human resources;
(d)) to encourage other forms of cooperation agreed by common accord.
3. cooperation may take the form of projects of joint research and exchanges, meetings and training of scientists
through international mobility systems, by providing for a maximum dissemination of the research results.
4. the parties shall encourage their higher learning institutions, research centres and their respective production sectors, especially their small and medium-sized enterprises, to join this cooperation.
ARTICLE 23 energy the parties shall endeavour to improve cooperation in the energy sector. To this end, they agree to promote mutually beneficial contacts in order to: a) diversify their energy sources to improve security of supply by developing new and renewable forms of energy and cooperation in industrial initiatives upstream and downstream in the energy sector;
b) towards a rational use of energy at the level both of supply and demand and promote cooperation in the fight against climate change, including the Kyoto Protocol clean development mechanism;
(c) promote effective transfer of technology for production and use of energy;
d) discuss the issue of the links between affordable access to energy and sustainable development.
ARTICLE 24 transportation 1. The parties shall endeavour to cooperate in all sectors appropriate transportation policy, to improve the movement of goods and passengers, to promote the safety, security and maritime and air security human resources development, protection of the environment and to increase the efficiency of their transport systems.
2. cooperation may take, inter alia, the following forms: a) of the exchange of information on their policies and practices of respective transport, particularly in urban, rural, River and maritime transport, including their logistics and interconnection and interoperability of networks multimodal transport, as well as the management of railways, ports and airports;
b) the possible use of the European navigation system by satellite Galileo, the emphasis on the issues of common interest;
(c) a dialogue in the field of air transportation for a deepening of bilateral relations in areas of common interest, including the modification of certain aspects of existing bilateral agreements in the field of air services between the Indonesia and the various Member States, in order to conform with the laws and respective regulations of the parties and to study the possibilities of closer cooperation in the field of air transport;
(d) dialogue in the field of maritime transport services for unlimited access to the international maritime market and trade on a commercial basis, not permitting the introduction of cargo-sharing clauses, national treatment and the clause of the nation most favoured for the ships operated by nationals or companies of the other party and issues related to the international services door to door.
(e) the implementation of standards and safety regulations, safety and prevention of pollution, in particular concerning sea and air transportation in accordance with the relevant international conventions.
ARTICLE 25 Education and culture 1. The parties agree to promote cooperation in the field of education and culture, taking due account of their diversity, in order to improve their mutual understanding and knowledge of their respective cultures.
2. the parties shall endeavour to take appropriate measures to promote cultural exchanges and carry out joint initiatives in different cultural areas, including the organisation of cultural events. In this regard, the parties also agree to continue to support the activities of the Asia-Europe Foundation.
3. the parties agree to consult competent international forums, such as UNESCO, to cooperate with them and to exchange views on cultural diversity, including on recent developments such as the ratification and the implementation of the convention by UNESCO on the protection and promotion of the diversity of cultural expressions.
4. the parties Furthermore place emphasis on measures designed to create permanent links between their respective specialized agencies, to encourage exchanges of information and publications, expertise, students, experts and technical resources, to promote ICT taking advantage of the facilities offered by Community programmes in Southeast Asia in the fields of education and culture , as well as the experience gained by the two parties in this area. The two parties also agree to encourage the implementation of the Erasmus Mundus programme.
ARTICLE 26 1 human rights. The parties agree to cooperate in the promotion and protection of human rights.
2. this cooperation may notably cover: has) support of implementation of the Indonesian national plan of action for human rights;
b) the promotion of human rights and education in this area;
(c) the strengthening of institutions working in the field of human rights).
3. the parties acknowledge the beneficial character of a dialogue on this subject.
ARTICLE 27 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. the conclusions of the World Summit on sustainable development and the implementation of multilateral agreements on the environment applicable to both parties will be taken into account in all activities undertaken by the parties under this agreement.
3. the parties shall endeavour to pursue their cooperation in regional programmes on the protection of the environment, particularly as regards: has) awareness of the environment and the capacity of implementation of legislation;
b) the strengthening of capacities in climate change and energy efficiency focused on research and development, control and analysis of climate change and the effects of greenhouse and mitigation of risks and adaptation programmes;
c) the strengthening of capacity for implementation of multilateral environmental agreements and participation in these agreements, particularly those relating to biodiversity, biosafety and CITES.
(d) the promotion of technologies, products and services on the environment, including the strengthening of capacity-building in management of the environment 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) local participation in the protection of the environment and sustainable development;
h) soils and land management;
(i) measures to combat transboundary pollution caused by "Haze".
4. the parties shall encourage mutual access to the programmes carried out in this area, the specific manner provided in these programs.
ARTICLE 28 forestry 1. The parties agree to the need to protect, conserve and sustainably manage forest resources and their biological diversity for the benefit of present and future generations.
2. the parties shall endeavour to continue their cooperation to improve the management of forests and forest fires, the fight against the illegal exploitation of forests and associated trade, and the promotion of sustainable forest management.
3. the parties shall develop cooperation programmes, on including: has) promoting, through international, regional and bilateral forums competent legal instruments to address illegal forest logging and the associated trade;
(b) capacity-building, research and development;
(c) support for the development of a sustainable forestry;
(d) the implementation of forest certification).
ARTICLE 29 Agriculture and rural development the parties agree to strengthen their cooperation in agriculture and rural development. This cooperation may include the following areas: a) the agricultural policy and international agricultural Outlook in general;
b) opportunities to remove barriers to trade in products of culture and breeding;
(c) the development policy in rural areas;
d) quality policy for culture and farming products and geographical indications protected;
e) the development of the markets and the promotion of international trade relations;
(f) the development of a sustainable agriculture).
ARTICLE 30 fishing and marine environment 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;
c) support of
efforts to combat the practices of illegal fishing, unreported and unregulated and d) market development and capacity-building.
ARTICLE 31 health 1.
The parties agree to cooperate in the health sector in the areas of common interest to enhance their activities relating to research, health system management, nutrition, pharmacology, preventive medicine, the leading contagious diseases including HIV/AIDS, SARS and noncommunicable diseases such as cancer and heart disease the traumas of the road and other threats to health, such as drug addiction.
2. cooperation materialize primarily through: a) exchanges of information and experience in the aforementioned areas;
(b) of programmes on epidemiology, decentralisation, funding for health, empowerment of communities and the administration of health services;
(c) to strengthen capacity through technical assistance, professional training programs;
(d) of programs aimed at improving health services and support activities y related such as those aimed at reducing infant and maternal mortality rates.
ARTICLE 32 statistics the parties agree to promote, in accordance with statistical cooperation activities between the community and the ASEAN, the harmonization of the statistical methods and practices, including the collection and dissemination of statistics, allowing them to use, on a mutually acceptable basis, statistics on the trade of goods and services and, more generally, on any other area covered by this agreement which lends itself to statistical processing including the collection, analysis and dissemination.
ARTICLE 33 Protection of personal data 1. The parties agree to engage in this field, with the aim of mutual to improve the level of protection of personal data taking into account the international best practices, including those contained in the guidelines of the United Nations for the regulation of computerised records of personal data (Resolution 45/95 of 14 December 1990 United Nations General Assembly).
2. cooperation on personal data protection may include, inter alia, technical assistance in the form of exchange of information and expertise, taking into account the legislation and regulations of the parties.
ARTICLE 34 Migration 1.
The parties reaffirm the importance of joint efforts in the management of migration flows between their territories and to strengthen their cooperation, they undertake a comprehensive dialogue on all issues relating to migration, including illegal migration, trafficking in migrants and trafficking in human beings human, as well as on assistance to persons in need of international protection. Migration issues are integrated into national strategies for socio-economic development of the two parties. The two parties agree to respect humanitarian principles when they address issues relating to migration.
2. cooperation between the parties should be carried out according to a specific needs assessment conducted in mutual consultation and be implemented in accordance with their relevant legislation in force. It focuses on: a) the root causes of migration;
b) the development and implementation of laws and national practices in accordance with the appropriate international legislation applicable to the two parties with a view, inter alia, to ensure respect for the principle of "non-refoulement";
(c) the issues considered as having a common interest in the field of visas, the travel documents and of the management of controls at the borders;
(d) the rules of admission, as well as the rights and status of persons admitted, fair treatment for all non-citizens in legal situation, education and training, as well as measures to combat racism and xenophobia;
(e) the strengthening of technical and human capacity);
f) the development of an effective preventive policy against illegal immigration, smuggling of migrants and trafficking in human beings human, including on the means to fight against networks and criminal organizations of smugglers and traffickers and protecting the victims of such traffic;
g) return and promotion of voluntary return, in human and dignified conditions, of persons residing illegally on the territory of a country and their readmission, in accordance with paragraph 3.
3. in the context of the cooperation to prevent and control illegal immigration and without prejudice to the need to protect the victims of trafficking in human beings, the parties further agree: has) to identify their alleged nationals and to readmit any of their nationals illegally present on the territory of a Member State or the Indonesia, on request and without undue delay or other formalities Once their nationality is established;
(b)) to provide their citizens identity documents appropriate for this purpose.
4. the parties agree, upon request, to negotiate to conclude an agreement regulating the specific obligations of their responsibility for readmission, and obligation of readmission of their respective nationals and nationals of other countries. It also concerns the issue of stateless persons.
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, in full respect of their mutual obligations in this area, particularly by effective cooperation in the recovery of assets or funds derived from acts of corruption. This provision constitutes an essential element of this agreement.
ARTICLE 36 Cooperation in the fight against illicit drugs 1. Within their respective legal frameworks, the parties shall cooperate to ensure a global and balanced approach by means of action and coordination effective between the competent authorities, including the sectors of health, education, including police, customs and social services, of justice and of the Interior, as well as regulation of the legal market with the aim of reducing 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 chemical precursors used in the illicit manufacture of narcotic drugs and psychotropic substances.
2. the parties agree on the modalities of cooperation to be implemented 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 1998.
3. cooperation between the parties may include exchanges of views on legislative frameworks and best practices as well as technical and administrative assistance, including in the following areas: prevention and treatment of drug addiction according to different modalities including the reduction of drug-related harm; information and control centres; the training of staff; research on drugs; judicial and police cooperation and the prevention of the diversion of chemical precursors used in the illicit manufacture of narcotic drugs and psychotropic substances. The parties may agree to include other areas.
4. the parties may cooperate to promote other sustainable development policies aimed at reducing as far as possible the illicit cultivation of drugs, particularly cannabis.
ARTICLE 37 Cooperation in the fight against money laundering 1. The parties agree to the need to work and cooperate to prevent their financial systems are used to money laundering from criminal activities such as drug trafficking and corruption.
2. the two parties agree to cooperate by administrative and technical assistance aimed at the development and implementation of regulations and the improvement of the functioning of mechanisms to fight against money-laundering and the financing of terrorism, including by the recovery of assets or funds derived from criminal acts.
3. the cooperation will allow exchange of information useful in their respective legislative frameworks and the adoption of appropriate standards to combat money laundering and the financing of terrorism, equivalent to those adopted by the community and international bodies active in this field, such as the financial action task force on money laundering (FATF).
ARTICLE 38 civil society 1. The parties recognise the role and potential contribution of organised civil society, in particular the academic community to the process of dialogue and cooperation under this agreement and agree to promote an effective dialogue with this same organised civil society, as well as its effective participation.
Pursuant the democratic principles and comply with laws and regulations of each party, organised civil society may: has) participate in the process of policy-making at the national level;
(b) be informed of the consultations on sectoral policies and strategies for development and cooperation, and participate, particularly in the areas that concern, at all stages of the development process;
c) manage transparently the financial resources allocated to the support of its activities.
d) participate in the implementation of cooperation programmes, including capacity-building, in the areas which concern it.
ARTICLE 39 Cooperation in the modernization of the State and public administration, based on a specific needs assessment conducted in mutual consultation, parties to cooperate in the modernization of their public administration, particularly in the following areas: has) the improvement of organizational effectiveness;
(b) enhancing the effectiveness of the institutions at the level of the provision of services;
(c) ensuring transparent management of public finances and accountability;
(d) the improvement of the legal and institutional framework);
e) the capacity building necessary for the design and implementation of policies (public services, development and implementation of the budget, fight against corruption);
(f) the strengthening of judicial systems);
(g) improving mechanisms and control of the law enforcement services).
ARTICLE 40 forms of cooperation 1. The parties agree, within the limits of their resources and their respective regulations, to provide appropriate, financial and other means, to enable the realization of the cooperation objectives set out in this agreement.
2. the parties shall encourage the European Investment Bank to continue its operations in Indonesia, in accordance with its procedures and the criteria for funding as well as the laws and regulations in force in Indonesia.
Title VI institutional section 41 Joint Committee 1.
The parties agree to establish a Joint Committee in the context of this agreement, composed of representatives of both parties at the highest possible level, which will be assigned the following tasks: a) ensure the proper functioning and the proper application of the agreement;
(b) prioritize the objectives of the agreement;
(c) resolve disputes arising from the application or interpretation of the agreement;
(d) make recommendations to the contracting parties to the agreement to promote its objectives and, where appropriate, to resolve any disputes arising from their application or interpretation.
2. the Joint Committee normally meets at least once every two years in Indonesia and in Brussels, alternately, at a date to be fixed by mutual agreement. Extraordinary sessions of the Joint Committee may also be convened on agreement of the parties. Is chaired alternately by each of the parties. The agenda of the meetings of the joint commission is established by a mutual agreement between the parties.
3. the Joint Committee may create working groups to assist it in the performance of its tasks. These working groups have detailed reports of their activities to the Joint Committee at each of its meetings.
4. the parties agree to instruct the Joint Committee to ensure the proper functioning of any agreement or sectoral protocol concluded or to be concluded between the community and the Indonesia.
5. the Joint Committee sets the rules of procedure relating to the application of the agreement.
Title VII final provisions ARTICLE 42 future developments Clause 1. The parties may, by mutual consent, edit, revise and expand this agreement in order to enhance the level of cooperation, including enforcing such agreements or protocols on areas or specific activities.
2. in the context of the application of this agreement, each of the two parties can offer suggestions to extend the scope of cooperation, taking into account the experience gained in its implementation.
ARTICLE 43 other agreements 1. Without prejudice to the relevant provisions of the Treaty establishing the European Community, neither this agreement nor any action carried out in the context of the latter do affect, in any manner whatsoever, the power of the Member States to undertake bilateral cooperation actions with the Indonesia or to conclude, where appropriate, new agreements of partnership and cooperation with that country.
2. the agreement does not affect the application or implementation of the commitments made by each party in its relations with third parties.
ARTICLE 44 regulation mechanism 1. Each party may refer to the Joint Committee any dispute relating to the application or interpretation of this agreement.
2. the Joint Committee will deal with the dispute as laid down in article 41, paragraph 1, point c) and (d)).
3. If one of the parties considers that the other has not met one of the obligations under this agreement, it may take appropriate measures. Previously, it provides, except in cases of special urgency, the Joint Committee all the information required for a thorough examination of the situation with a view to seeking a solution acceptable to the parties.
4. the parties agree, for the purposes of the correct interpretation and practical application of the agreement, that "cases of special urgency" referred to in paragraph 3 mean cases of material breach of the agreement by one of the parties. A material breach consists of: i) repudiation of the agreement not sanctioned by the General rules of international law or ii) a serious breach of an essential element of the agreement, as described in article 1, paragraph 1, to article 3, paragraph 2, and article 35.
5. the choice of the measures must be priority on those that disturb least the functioning of this agreement. These measures shall be notified immediately to the other party and are the subject of consultations within the Joint Committee at the request of the other party.
ARTICLE 45 facilities to facilitate the cooperation under this agreement, both parties agree to provide the necessary facilities for the performance of the tasks of the experts and duly authorised officials involved in the implementation of cooperation pursuant to the rules and internal regulations of both parties.
ARTICLE 46 territorial Application this Agreement shall apply to the territories where the Treaty establishing the Community European applies and under the conditions laid down in that Treaty, on the one hand, and to the territory of Indonesia, other hand ARTICLE 47 Definition of the parties for the purposes of this agreement, the term "parties" means on the one hand, the community or the Member States, or the community and its Member States in accordance with their respective competencies, and the Republic of Indonesia, other hand ARTICLE 48 entry into force and duration 1. This agreement shall enter into force the first day of the month following the date on which the last part has notified to the other the completion of the legal procedures necessary to this end.
2. this agreement is concluded for a period of five years. It is automatically extended for successive periods of one year unless written notice from one party to the other of its intention not to extend the agreement six months before the end of any subsequent period of one year.
3. changes to this agreement are made by mutual consent between the parties. They come into force when the parties have notified the completion of all the necessary formalities.
4. it can be terminated this agreement by one party by written notice of denunciation to the other party. The agreement shall cease to be applicable six months after receipt of the notification by the other party.
ARTICLE 49 Notification the notification is addressed respectively to the Secretary-General of the Council of the European Union and the Foreign Minister of the Republic of Indonesia.
ARTICLE 50 authentic text this agreement is drawn up in the languages German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Indonesian, each of these texts being equally authentic.
Act FINAL les plenipotentiaires plenipotentiaries of the European Community, hereinafter referred to as 'the Community', as well as the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania , The GRAND-Duchy of LUXEMBOURG, the Republic of Hungary, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the 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 establishing the European Treaty on the Union and European hereinafter referred to as 'the Member States', on the one hand, and the Republic of Indonesia, on the other hand, gathered in Jakarta, November 9, 2009, for the signing
a framework agreement global partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, on the other hand, have adopted the agreement.
The Plenipotentiaries of the Member States and the Plenipotentiary of the Republic of Indonesia take note of the unilateral statement of the European Community: "the provisions of the agreement falling under part III, title IV, of the Treaty establishing the European Community bind the United Kingdom and Ireland as contracting parties separate and as States members of the Community European until the United Kingdom or Ireland (as the case may be) notifies the Republic of Indonesia that he or she". is now bound (e) as a member of the European Community, 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 establishing the European Community. The same provisions apply to Denmark, in accordance with the Protocol on the position of the annex Denmark treated said. "Overall framework agreement of partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, on the other hand, and in the final act, made in Jakarta on November 9, 2009 States/OrganisationsDate consentementDate AuthentificationType Consentemententree force local ALLEMAGNE09/11/2009Notification02/05/2012 AUTRICHE09/11/2009Notification26/01/2011 BELGIQUE09/11/2009Notification11/01/2013 BULGARIE09/11/2009Notification22/02/2011 CHYPRE09/11/2009Notification16/03/2011 DANEMARK09/11/2009Notification18/05/2010 ESPAGNE09/11/2009Notification16/05/2011 ESTONIE09/11/2009Notification27 /. 01/2010 FINLANDE09/11/2009Notification22/10/2012 2009Notification-11-FRANCE09 2009Notification-11-GRECE09 HONGRIE09/11/2009Notification10/03/2011 INDONESIE09/11/2009Notification15/03/2012 IRLANDE09/11/2009Notification04/06/2013 ITALIE09/11/2009Notification31/01/2012 LETTONIE09/11/2009Notification18/05/2010 LITUANIE09/11/2009Notification12/06/2012 LUXEMBOURG09/11/2009Notification10/09/2012 MALTE09/11/2009Notification05/08/2011 country-BAS09/11/2009Notification28/11/2011 POLOGNE09/11/2009Notification22/10/2010 PORTUGAL09/11/2009Notification29/03/2011 ROUMANIE09/11/2009Notification04/06/2012 Kingdom-UNI09/11/2009Notification11/08/2011 SLOVAQUIE09/11. 2011-03-2009Notification16 SLOVENIE09/11/2009Notification07/02/2011 SUEDE09/11/2009Notification11/10/2011 Czech REP.09/11/2009Notification08/03/2012
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