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5 JULY 1998. - An Act to approve the Framework Agreement on Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, and Annex, made in Luxembourg on 28 October 1996 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Framework Agreement on Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, and Annex, made in Luxembourg on 28 October 1996, will come out their full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 July 1998.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Seal of the state seal:
Minister of Justice,
S. DECLERCK
____
Notes
(1) Session 1997-1998.
Senate:
Parliamentary documents. - Bill tabled on 20 November 1997, No. 1-787/1. - Report, no. 1-787/2. - Text adopted in commission, no. 1-787/3.
Annales parliamentarians. - Discussion, meeting of 19 February 1998. - Vote, meeting of 19 February 1998.
House of Representatives:
Parliamentary documents. - Project transmitted by the Senate, No. 1439/1. Text adopted in plenary and subject to Royal Assent, No. 1439/2.
Annales parliamentarians. - Discussion, meeting of March 18, 1998. - Vote, meeting of 19 March 1998.
(2) See also the decree of the French Community of 6 April 1998 (Moniteur belge of 2 December 1998), the decree of the Flemish Community/ Flemish Region of 9 February 1999 (Moniteur belge of 6 March 1999), the decree of the German-speaking Community of 20 October 1997 (Moniteur bege du 14 janvier 1998), the decree of the Walloon Region of 5 February 1998 (Moniteur belge of 27 February 1998), the order of

ACCORD-CADRE DE COMMERCE ET DE COOPéRATION ENTRE LA COMMUNAUTé EUROPéENNE ET SES MEMBERS, D'UNE PART, ET LA RéPUBLIQUE DE CORé, D'AUTRE PART
BELGIUM,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRANCAISE REPUBLIC,
IRILAND,
THE ITALIAN REPUBLIC,
LUXEMBOURG,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE PORTUGAISE REPUBLIC,
THE FINLAND REPUBLIC,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
Parties to the Treaty establishing the European Community and to the Treaty on the European Union, below referred to as the Member States, and
THE EUROPEAN COMMUNITY,
on the one hand,
AND THE REPUBLIC OF COREE,
on the other hand,
RECORD OF the traditional friendly relations between the Republic of Korea and the European Community and its member States;
REAFFIRMING the commitment of the parties to democratic principles and human rights set out in the Universal Declaration of Human Rights;
CONFIRMING their desire to establish a regular political dialogue between the European Union and the Republic of Korea based on shared values and aspirations;
RECOGNIZING that the General Agreement on Tariffs and Trade (GATT) has played an important role in promoting international trade in general and bilateral trade in particular, and that both the Republic of Korea and the European Community have committed themselves to respecting the principles of freedom of trade and the market economy on which this agreement is based;
REAFFIRMING that the Republic of Korea and the European Community and its Member States have committed themselves to fully complying with their commitments by ratifying the World Trade Organization (WTO) agreement;
CONSCIENTS of the need to contribute to the realization of the results of the GATT Uruguay Round and the need to apply all rules governing international trade in a transparent and non-discriminatory manner;
RECOGNIZING the importance of strengthening the relations between the Contracting Parties with a view to improving cooperation between them and reaffirming their common will to consolidate, deepen and diversify their relations in areas of common interest on the basis of equality, non-discrimination, respect for the natural environment and mutual benefit;
REQUESTS to create conditions conducive to sustainable trade growth and diversification and economic cooperation in different areas of common interest;
CONVAINCUS that it will be beneficial for the contracting parties to institutionalize their relations and to establish economic cooperation between them to encourage the development of trade and investment;
CONSCIENTS that it is important to facilitate participation in the cooperation of individuals and entities directly concerned and, in particular, economic operators and their representative organizations,
ONT DECIDE to conclude this Agreement and have designated for this purpose as Plenipotentiaries:
BELGIUM,
Erik DERYCKE,
Minister of Foreign Affairs,
DANEMARK,
Niels HELVEG PETERSEN,
Minister of Foreign Affairs,
THE GERMANY FEDERAL REPUBLIC,
Werner HOYER,
Deputy Minister ("Staatsminister") at the Ministry of Foreign Affairs,
LA REPUBLIQUE HELLENIQUE,
Georgios PAPANDREOU,
Deputy Minister for Foreign Affairs,
SPANISH ROY,
Abel MATUTES,
Minister of Foreign Affairs,
THE FRANCAISE REPUBLIC,
Michel BARNIER,
Minister Delegate to the Minister of Foreign Affairs, Head of European Affairs,
IRILAND,
Gay MITCHELL,
Deputy Minister ("Minister of State") to the Prime Minister, responsible for European Affairs,
THE ITALIAN REPUBLIC,
Lamberto DINI,
Minister of Foreign Affairs,
LUXEMBOURG,
Jacques F. POOS,
Minister of Foreign Affairs,
ROYAUME DES PAYS-BAS,
Hans VAN MIERLO,
Minister of Foreign Affairs,
THE REPUBLIC OF AUTRICHE,
Wolfgang SCHÜSSEL,
Federal Minister for Foreign Affairs,
THE PORTUGAISE REPUBLIC,
Jaime GAMA,
Minister of Foreign Affairs,
THE FINLAND REPUBLIC,
Tarja HALONEN,
Minister of Foreign Affairs,
The SUEDE ROYAUME,
Lena HJELM-WALLEN,
Minister of Foreign Affairs,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
David DAVIS,
Deputy Minister of Foreign and Commonwealth Affairs (Minister of State),
THE EUROPEAN COMMUNITY,
Dick SPRING,
Minister of Foreign Affairs (Ireland),
Chairman-in-Office of the Council of the European Union,
Sir Leon BRITTAN,
Vice-Chairman of the Commission of the European Communities,
THE REPUBLIC OF COREE,
Ro-Myung GONG,
Minister of Foreign Affairs,
LESQUELS, after having exchanged their full powers recognized in due form,
AGAINST WHO:
ARTICLE 1^er
Base for cooperation
Respect for democratic principles and human rights as defined in the Universal Declaration of Human Rights inspires the national and international policy of the Contracting Parties and is an essential element of this Agreement.
ARTICLE 2
Purpose of cooperation
To improve cooperation among them, Contracting Parties undertake to promote the development of their economic relations. In particular, their efforts must include:
(a) to develop and diversify trade and to establish trade cooperation for their mutual benefit;
(b) establish economic cooperation in areas of common interest, including scientific and technological cooperation and industrial cooperation;
(c) To promote cooperation between the two countries ' enterprises by facilitating the investment of both countries and encouraging greater mutual understanding.
ARTICLE 3
Political dialogue
A regular political dialogue, based on shared values and aspirations, is established between the European Union and the Republic of Korea. This dialogue takes place in accordance with the procedures agreed in the joint statement between the European Union and the Republic of Korea on this subject.
ARTICLE 4
Treatment of the most favoured nation
In accordance with the rights and obligations of the World Trade Organization (WTO), the contracting parties undertake to mutually agree on the treatment of the most-favoured nation.
ARTICLE 5
Trade cooperation
1. The Contracting Parties undertake to promote the development and diversification of their bilateral trade as much as possible and for their mutual benefit.
Contracting Parties undertake to improve market access conditions. They ensure that the principle of the most-favoured nation is respected in the determination of customs duties, taking into account various elements, including the domestic market situation of a contracting party and the export interests of the other party. They undertake to work to eliminate barriers to trade, in particular by timely removal of non-tariff barriers and by taking measures to improve transparency, taking into account the work of international organizations in this area.
2. Contracting Parties shall ensure a policy to:
(a) to establish bilateral and multilateral cooperation on trade development issues of interest to both parties, including future WTO procedures. To this end, they cooperate bilaterally and internationally with the solution of trade problems of common interest;
(b) promote the exchange of information between economic operators and industrial cooperation among enterprises so as to diversify and develop existing trade flows;
(c) To consider and recommend trade promotion measures that encourage trade development;
(d) facilitate cooperation between the competent customs authorities of the European Community, its member States and Korea;
(e) improve market access for industrial, agricultural and fisheries products;
(f) improve market access for services, such as financial services and telecommunications;
(g) Strengthen cooperation in technical standards and regulations;
(h) Effective protection of intellectual, industrial and commercial property;
(i) organizing business and investment missions;
(j) Organize general and sectoral trade fairs.
3. The contracting parties encourage the loyalty of commercial transactions by ensuring that their laws in this area are fully implemented.
4. In accordance with their obligations under the WTO Agreement on Public Procurement, the parties ensure that participation in public procurement is made on a non-discriminatory and reciprocal basis.
They undertake to continue their discussions on the mutual opening of their respective public markets in other sectors, such as telecommunications.
ARTICLE 6
Agriculture and fisheries
1. The parties agree to encourage cooperation in the fields of agriculture and fisheries, including horticulture and mariculture. On the basis of discussions on their respective policies in the fields of agriculture and fisheries, Contracting Parties shall consider:
(a) opportunities to increase trade in agricultural products and fisheries products;
(b) the effect on trade of sanitary and phytosanitary measures and environmental protection measures;
(c) linkages between agriculture and the rural environment;
(d) research in the fields of agriculture and fisheries, including horticulture and mariculture.
2. Where applicable, paragraph 1^er applies to products and services of the agricultural processing industry.
3. The Contracting Parties undertake to comply with the terms of the WTO Agreement on Health and Phytosanitary Measures and are prepared to undertake, at the request of one of them, consultations to consider the proposals of the other Contracting Party on the application and harmonization of sanitary and phytosanitary measures, taking into account the standards agreed by other international organizations such as the OIE Code, the
ARTICLE 7
Maritime transport
1. The parties undertake to take the necessary measures to provide unlimited access to the international market and traffic under fair competition conditions on a commercial basis, in accordance with the provisions of this Article.
(a) The above provision does not affect the rights and obligations under the United Nations Convention on a Code of Conduct for Maritime Conferences to the extent that it applies to either of the parties to this Agreement. Off-Conference companies are free to compete with a conference, as long as they adhere to the principles of fair competition on a commercial basis.
(b) The parties confirm their commitment to create free competition conditions for the trade in bulk, dry and liquid. As part of this commitment, the Republic of Korea will take the necessary steps to phase out cargo reserves on certain bulk products for Korean flag vessels during a transitional period ending 31 December 1998.
2. To achieve the objective referred to in paragraph 1^erContracting Parties:
(a) refrain from introducing, in future bilateral agreements with third countries concerning the trade in dry and liquid bulk and line traffic, cargo-sharing clauses, unless, in exceptional circumstances, with respect to the traffic of line, shipping companies from one or the other party to this Agreement did not otherwise have the opportunity to take part in the traffic to the third party concerned and to the destination.
(b) refrain from applying legislative, administrative or technical measures that may have discriminatory effects on individuals and businesses in their own countries or those of the other Contracting Party in the provision of services in international maritime transport from the entry into force of this Agreement.
(c) grant to vessels operated by individuals or enterprises of the other Contracting Party a treatment that is no less favourable than that granted to their own vessels, with respect to access to ports open to international trade, the use of the auxiliary marine infrastructure and services of these ports, as well as, with respect to duties and taxes, customs facilities, designation of anchorage posts and loading and unloading facilities.
3. For the purposes of this Article, access to the international maritime market shall include, inter alia, the right of each contracting party to carry on door-to-door transport services including a maritime route and to enter into contracts directly with local non-maritime carriers established in the territory of the other contracting party without prejudice to nationality restrictions applicable to the carriage of goods and passengers by such other modes of transport.
4. This section applies to companies of the European Community and the Republic of Korea. The provisions of this article shall also be granted to the shipping companies operating outside the Economic Community or the Republic of Korea and controlled by nationals of a Member State or the Republic of Korea, if their ships are registered in that Member State or in the Republic of Korea in accordance with their respective legislation.
5. The question of the exercise of the activities of the shipping companies in the European Community and in the Republic of Korea may, if any, be subject to specific agreements.
ARTICLE 8
Shipbuilding
1. The Contracting Parties agree to cooperate in the field of shipbuilding to promote fair and competitive market conditions and to note the significant structural imbalance between supply and demand and the trend towards the decline of the world shipbuilding industry. For these reasons, in accordance with the OECD Shipbuilding Agreement, Contracting Parties do not take any initiative and do not take any action to support their shipbuilding industry, which would be likely to distort competition or allow the shipbuilding of their country to escape future difficulties.
2. The Contracting Parties agree to undertake consultations at the request of one of the Contracting Parties on the application of the OECD Agreement on Shipbuilding, on the exchange of information on the development of the world market of ships and shipbuilding and on any other problems in this field.
Representatives of the shipbuilding industry may be invited as observers to these consultations, with the agreement of the contracting parties.
ARTICLE 9
Protection of intellectual, industrial and commercial property
1. The Contracting Parties undertake to ensure that intellectual, industrial and commercial property rights enjoy appropriate and effective protection and to ensure that these rights can be exercised effectively.
2. The Contracting Parties agree to apply the WTO Agreement on Aspects of Intellectual Property Rights affecting Trade no later than 1^er July 1996. (1)
3. The Contracting Parties confirm the importance they attach to the obligations set out in multilateral intellectual property rights conventions. The contracting parties will ensure that they adhere as soon as possible to the conventions annexed to which they have not yet acceded.
ARTICLE 10
Technical regulation, standards and compliance verification
1. Without prejudice to their international obligations and within their responsibilities, Contracting Parties shall, in accordance with their legislation, encourage the use of internationally recognized standards and verification systems.
To this end, special attention will be paid:
(a) exchanges of information and technical experts in the areas of standardization, registration, metrology and certification and, where appropriate, joint research;
(b) promoting exchanges and contacts between relevant agencies and institutions;
(c) Sectoral consultations;
(d) Quality management cooperation;
(e) to strengthen cooperation in the field of technical regulations, in particular through the conclusion of an agreement on mutual recognition of the results of compliance verifications, aimed at facilitating trade and avoiding any disruptions to their development;
(f) participation and cooperation in relevant international agreements to promote the adoption of harmonized standards.
2. Contracting Parties shall ensure that standardization and compliance verification activities are not unnecessary trade barriers.
ARTICLE 11
Consultations
1. The Contracting Parties agree to promote the exchange of information on trade measures.
Each Contracting Party undertakes to inform the other in a timely manner of the application of measures to amend import duties in accordance with the principle of the most favoured nation that affect the exports of the other Contracting Party.
Each Contracting Party may request consultations on trade measures. In this case, consultations are held as soon as possible in order to find a constructive and mutually acceptable solution as soon as possible.
2. Each Contracting Party agrees to inform the other party of the implementation of anti-dumping procedures against products of the other Party.
While fully complying with WTO agreements on anti-dumping and anti-subsidy measures, each Contracting Party shall consider carefully the representations made by the other party with respect to anti-dumping and anti-subsidy procedures and give the other the opportunity to consult on this matter.
3. The Contracting Parties agree to consult on any dispute arising from the application of this Agreement. At the request of one of the contracting parties, this consultation takes place as soon as possible. The Contracting Party requesting the consultation shall provide the other party with all information necessary for the detailed analysis of the situation. Both parties, through these consultations, endeavour to find a solution to their trade disputes as soon as possible.
4. The provisions of this Article shall not affect the internal procedures of each Contracting Party relating to the adoption and modification of trade measures, nor the mechanisms for notification, consultation and dispute settlement provided for in the WTO agreements.
ARTICLE 12
Economic and industrial cooperation
1. The contracting parties, taking into account their mutual interest and their respective economic policy and economic objectives, undertake to encourage economic and industrial cooperation in all areas that they consider appropriate.
2. The objectives of this cooperation include:
- promote the exchange of information between economic operators and develop and improve existing networks, while ensuring that personal data is properly protected;
- to exchange information on the conditions of cooperation in the field of all services and information infrastructure;
- promote mutually advantageous investments and establish a climate conducive to investment;
- improve the economic and entrepreneurial environment.
3. In order to achieve these objectives, the contracting parties undertake, inter alia:
(a) To diversify and strengthen the economic linkages between them,
(b) To establish cooperation channels specific to different sectors,
(c) To promote industrial cooperation between enterprises and, in particular, between small and medium-sized enterprises,
(d) To promote the sustainable development of their economies,
(e) encourage production processes that are not harmful to the environment,
(f) encourage investment flows and technology transfer,
(g) to improve mutual understanding and awareness of their respective entrepreneurship environment.
ARTICLE 13
Drug Control and Money Laundering
1. The Contracting Parties undertake to cooperate to improve the effectiveness and efficiency of the measures they take against the illegal production, sale and trafficking of drugs and psychotrophes, including the prevention of the spread of precursors, as well as to promote the prevention and reduction of drug demand. Cooperation in this area will be based on mutual consultation and close coordination between the parties on the objectives they pursue and the measures they take in the various areas of drug control.
2. The Contracting Parties agree on the need to make serious efforts and to cooperate in preventing their financial system from being used for the laundering of proceeds of criminal activities in general and those related to drugs in particular.
Cooperation in this area will aim to establish appropriate standards against money-laundering, taking into account those adopted by international organizations in this area and, in particular, by the Financial Task Force (FATF).
ARTICLE 14
Cooperation in science and technology
1. Contracting Parties, taking into account their common interest and the objectives of their scientific policy, are committed to promoting cooperation in the field of science and technology. To this end, the contracting parties undertake to encourage, inter alia:
- the exchange of information and know-how in the fields of science and technology;
- dialogue on the development and implementation of their respective research and technology development policy;
- cooperation in the field of information technology as well as in technologies and industries acting on interoperability to the information society;
- cooperation in the areas of energy and environmental protection;
- co-operation in areas of common interest in science and technology.
2. In order to achieve the objectives of their respective policies, the contracting parties undertake to:
- exchange information on research projects in the areas of energy, environmental protection, telecommunications and information technology, as well as on the information technology industry;
- improve the training of scientists by appropriate means;
- encourage technology transfer on the basis of mutual benefit;
- jointly organize seminars gathering high-level scientists from the two contracting parties, and
- encourage researchers from both contracting parties to conduct joint research in areas of common interest.
3. The Contracting Parties agree that all joint actions and cooperation in the field of science and technology will take place on the basis of reciprocity.
The Contracting Parties agree to effectively protect the information and intellectual property rights resulting from their cooperation against any misuse or non-authorized use by other than the legitimate holders of such rights.
In the event of the participation of institutions, organizations or undertakings of one of the contracting parties in research and technology development programmes of the other contracting party, such as those included in the general framework programme of the European Community, such participation and dissemination and use of the resulting knowledge shall take place in accordance with the general rules established by that other contracting party.
4. Cooperation priorities are decided through consultation among Contracting Parties. Subject to the application of the previous paragraph, the participation of private sector institutions, organizations and businesses in cooperation activities and joint research projects is encouraged.
ARTICLE 15
Environmental cooperation
The contracting parties undertake to establish cooperative relationships to protect and preserve the environment. These relationships will include:
- exchange of information on policies for the environment and their implementation between competent officials of the Commission of the European Communities and the competent authorities of the Republic of Korea;
- exchange of information on environmentally friendly technologies;
- staff exchange;
- promoting cooperation on environmental issues discussed in international forums involving the European Community and the Republic of Korea, in particular the United Nations Commission on Sustainable Development and other forums in which international environmental conventions are discussed;
- discussion on the establishment of sustainable development practices and, in particular, cooperation in the implementation of Agenda 21 and other follow-up activities of the United Nations Conference on Environment and Development (UNCTAD);
- cooperation on joint projects on the environment.
ARTICLE 16
Energy cooperation
The contracting parties recognize the importance of the energy sector for economic and social development and are willing, within their respective competences, to strengthen their cooperation in this area. The objectives of this cooperation are:
- promote the principle of market economy by setting consumer prices consistent with market principles;
- diversify energy sources;
- develop new and renewable energy forms;
- to achieve rational use of energy, including by encouraging demand management and
- encourage the establishment of the best possible conditions for technology transfer in the interest of efficient use of energy.
For these purposes, the contracting parties agree to promote joint studies and research, as well as the establishment of contacts between energy planning officials.
ARTICLE 17
Cooperation in culture, information and communication
The Contracting Parties undertake to establish cooperation in the areas of training and communication to promote a better mutual understanding, taking into account the cultural dimension of the links between them.
These actions include:
- exchange of information on themes of common interest relating to culture and training;
- organization of cultural events;
- cultural exchanges, and
- university exchanges.
ARTICLE 18
Development cooperation of third countries
The Contracting Parties agree to exchange information on their mutual development assistance policy with the aim of establishing a regular dialogue on the objectives of these policies and their respective development assistance programmes in third countries. They will examine the extent to which more substantial cooperation can be established, in accordance with their respective legislation and the conditions applicable to the implementation of these programmes.
ARTICLE 19
Joint Commission
1. The Contracting Parties shall establish, within the framework of this Agreement, a joint commission composed, on the one hand, representatives of the members of the Council of the European Union and representatives of the Commission of the European Communities and, on the other, representatives of the Republic of Korea. Consultations will be held within the Joint Commission to facilitate the implementation and implementation of the general objectives of this Agreement.
2. The Joint Commission is mandated to:
- ensuring the proper operation of the agreement;
- review the evolution of trade and cooperation among Parties;
- to seek ways to prevent the difficulties that might arise in the areas covered by this Agreement;
- to seek ways to develop and diversify exchanges;
- exchange ideas and make suggestions on any issue of common interest in trade and cooperation, including future actions and available resources to implement them;
- make appropriate recommendations to promote the expansion of trade and cooperation, taking into account the need to coordinate the proposed measures.
3. The joint commission will normally meet once a year alternately in Brussels and Seoul. Extraordinary meetings of the commission shall be convened at the request of one of the Contracting Parties. The Presidency of the Joint Commission is exercised alternately by each of the Contracting Parties.
4. The Joint Commission may establish specialized subcommissions to assist it in the fulfilment of its tasks. These subcommissions shall submit detailed reports of their activities to the joint committee at each of its meetings.
ARTICLE 20
Definition
For the purposes of this Agreement, "the Contracting Parties" means the European Community or its Member States or the European Community and its Member States, according to their respective competences, on the one hand, and the Republic of Korea on the other.
ARTICLE 21
Entry into force and duration of this Agreement
1. This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties notified themselves of the fulfilment of the legal procedures necessary for this purpose.
2. This Agreement shall be concluded for a period of five years. It shall be carried forward from year to year if none of the parties denounce it in writing to the other party six months before the date of its expiry.
ARTICLE 22
Notification
The Article 21 notifications are made to the General Secretariat of the Council of the European Union and the Ministry of Foreign Affairs of the Republic of Korea respectively.
ARTICLE 23
In compliance with this Agreement
If one of the contracting parties considers that the other party has breached one of its obligations under this Agreement, it may take appropriate action. Previously, it provides the other party, except in the case of a particular emergency, with all the information necessary to enable it to carefully examine the situation in order to seek a solution acceptable to both contracting parties. When selecting the measures, priority must be given to those that at least disrupt the operation of this Agreement. These measures are immediately notified to the other party and are subject to consultations at the request of the other Contracting Party.
ARTICLE 24
Evolutionary clause
The Contracting Parties may extend this Agreement by mutual consent in order to raise the levels of cooperation and complement it by agreements relating to specific sectors or activities.
With regard to the application of this Agreement, each Contracting Party may make proposals to broaden the scope of cooperation, taking into account the experience gained during its implementation.
ARTICLE 25
Statements and annexes
The joint statements and the schedule to this Agreement form an integral part of the agreement.
ARTICLE 26
Territorial application
This Agreement applies, on the one hand, to the territories to which the Treaty establishing the European Community applies and to the conditions set out in this Treaty and, on the other, to the territory of the Republic of Korea.
ARTICLE 27
Languages
This Agreement is written in duplicate in German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese, Swedish and Korean languages, each of these texts being equally authentic.
The undersigned Plenipotentiaries have signed at the bottom of this framework agreement.
Done in Luxembourg on 28 October mil nine hundred and ninety-six.
Annex
Conventions concerning intellectual, industrial and commercial property referred to in Article 9
- Bern Convention for the Protection of Literary and Artistic Works (Act of Paris, 1971)
- International Convention on the Protection of Performing or Executing Artists, Phonogram Producers and Broadcasting Organizations (Rome, 1961)
- Paris Convention on the Protection of Industrial Property (Stockholm, 1967, amended in 1979)
- Patent Cooperation Treaty (Washington, 1970, amended in 1979 and 1984)
- Madrid Agreement Concerning the International Registration of Trade-marks (Stockholm, 1967, amended in 1979)
- Protocol on the Madrid Agreement concerning the International Registration of Trademarks (Madrid, 1989)
- Nice Agreement concerning the International Classification of Products and Services for the Registration of Marks (Geneva, 1977, amended in 1979)
- Budapest Treaty on the International Recognition of Microorganisms for the Patent Procedure (1977, amended in 1980)
- International Convention for the Protection of Plant Breeding (UPOV) (Geneva, 1991).
COMMUNICATIONS
COMMUN DECLARATION CONCERNING ARTICLE 7
Each of the Contracting Parties authorizes the shipping companies of the other Contracting Party to be commercially present in its territory for the purpose of carrying out maritime transport activities under conditions of establishment and activity not less favourable than those granted to its own companies or to subsidiaries or establishments of companies of a third country, according to that which offers the best conditions.
COMMUN DECLARATION CONCERNING ARTICLE 9
The Contracting Parties agree that, for the purposes of the application of the agreement, the terms "intellectual, industrial and commercial property" include, in particular, the protection of copyrights and neighbouring rights, including copyrights on computer programs, patent rights, industrial designs and designs, geographical indications, including labels of origin, trademarks of products and services, topography
INTERPRETATIVE DECLARATION CONCERNING ARTICLE 23
For the purpose of the correct interpretation and practical application of Article 23 of the Agreement, the parties agree, by mutual consent, that the terms "special emergency cases" referred to in Article 23 must be understood as a substantial violation of the agreement by one of the Contracting Parties. A substantial violation of the agreement is:
(a) a termination of the agreement not sanctioned by the general rules of international law, or
(b) a violation of an essential element of the agreement referred to in section 1^er.
The Contracting Parties agree that the "appropriate measures" referred to in Article 23 are measures taken in accordance with international law.
UNILATERAL STATEMENTS (2)
DECLARATION OF THE EUROPEAN COMMUNITY CONCERNING ARTICLE 8
The European Community expresses its concern and reiterates the importance it attaches to the problems that have been created and are likely to be created by the current trend to develop the shipbuilding capacity in the world market.
In this regard, she would like to recall the terms of the declaration she made in Paris at the conclusion of the negotiations of the OECD Agreement on Shipbuilding on 21 December 1994, a statement that is still current.
The European Community invites the Republic of Korea to cooperate with it and the other signatories of the OECD agreement on shipbuilding to reduce the significant structural imbalance between supply and demand in the world market of shipbuilding by appropriate means.
DECLARATION OF THE REPUBLIC OF COREE CONCERNING ARTICLE 7 PARAGRAPH 2
The Republic of Korea states that, with respect to the provisions of Article 7 paragraph 2 (a) (Marine transport), it will not authorize the introduction of cargo-sharing clauses concerning the trade in dry and liquid bulk in the bilateral agreements it will enter into in the future with a third country determined that in exceptional circumstances such as Korean shipping companies would not otherwise have the opportunity to take part in the traffic to third countries concerned.
INTERPRETATIVE DECLARATION
DECLARATION OF THE REPUBLIC OF COREE CONCERNING ARTICLE 9 PARAGRAPH 2
The term "Protection of Geographical Indications Act which will enter into force on 1 July 1998, subject to the legislative procedure" must be interpreted as meaning that the Republic of Korea will take, by 1 July 1998, all necessary legally binding measures to comply with the provisions relating to the protection of geographical indications under the WTO TRIPS Agreement.

Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, and Annex, Facts in Luxembourg on 28 October 1996
ETATS LIES
NOTES
BELGIUM 4 March 1999
AUTRICHE 6 mars 1998
DANEMARK 2 March 1998
SPANISH 9 March 1998
FINLAND 9 January 1997
FRANCE 12 May 1998
PAYS-BAS 24 February 1999
SUEDE 9 June 1997
This treaty has not yet entered into force, the date of entry into force will be published later.
____
Notes
(1) For the Republic of Korea, with the exception of the Agrochemical Products Management Act, which will come into force on 1^er January 1997 and the Seed Industry Act (and the Geographic Information Protection Act) which will come into force on 1^er July 1998, subject to the legislative procedure.
(2) These statements will be made when the agreement is signed.