Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2013-710 of 5 August 2013 authorizing the ratification of the Comprehensive Framework Agreement for Partnership and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Indonesia, on the other hand;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The Comprehensive Framework Agreement for Partnership and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Indonesia, on the other hand (a final act together), signed in Djakarta on 9 November 2009, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
GLOBAL AGREEMENT
OF PARTNERSHIP AND COOPERATION IN THE EUROPEAN COMMUNITIES AND THE MEMBER STATES, OF A PART, AND THE REPUBLIC OF INDONESIA, OF A PART (ENSEMBLE A FINAL ACT), SIGNED TO DJAKARTA ON 9 NOVEMBER 2009
THE EUROPEAN COMMUNITY,
below referred to as the "Community", as well as
BELGIUM,
THE BULGARIA REPUBLIC,
THE TCHEN REPUBLIC,
DANEMARK,
THE GERMANY REPUBLIC,
THE REPUBLIC OF ESTONIA,
IRILAND,
THE HELLENICAL REPUBLIC,
SPANISH ROY,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
THE REPUBLIC OF LITUANIA,
LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE POLAND REPUBLIC,
THE PORTUGAISE REPUBLIC,
THE ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE FINLAND REPUBLIC,
THE ASSESSMENT,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
Contracting Parties to the Treaty establishing the European Community and to the Treaty on the European Union, below referred to as "Member States",
on the one hand, and
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA,
on the other hand,
hereafter referred to collectively as "the parties",
CONSIDERING the traditional bonds of friendship between the Republic of Indonesia and the Community, as well as the close historical, political and economic relations between them,
AYANT ÉGARD to the particular importance that the parties attach to the overall character 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, promote and protect the democratic principles and fundamental human rights, the rule of law, peace and international justice in accordance, inter alia, with the Universal Declaration of Human Rights of the United Nations, the Rome Statute and other international human rights instruments applicable to both 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 and their desire to promote economic and social progress for their people, taking into account the principle of sustainable development and environmental protection requirements,
REAFFIRMING that the most serious crimes affecting the international community cannot remain unpunished and that those accused of such crimes should be brought to justice and duly punished if they are found guilty and that their repression must be effectively ensured by taking measures at the national level and strengthening global collaboration,
Expressing their full commitment to combating all forms of transnational crime and terrorism organized in accordance with international law, including human rights legislation, humanitarian principles applicable to migration and refugee issues and international humanitarian law, and their resolution to create effective international instruments to ensure their eradication,
RECOGNIZING that the adoption of relevant international conventions and other relevant United Nations Security Council resolutions, including resolution 1540, are the basis of the commitment of the entire international community to the fight against the proliferation of weapons of mass destruction,
RECOGNIZING the need to strengthen disarmament and non-proliferation obligations under international law, with the aim, inter alia, of excluding the danger posed by weapons of mass destruction,
RECOGNIZING the importance of the cooperation agreement of 7 March 1980 between the European Economic Community and Indonesia, Malaysia, the Philippines, Singapore and Thailand - member countries of the Association of Southeast Asian Nations (ASEAN) and subsequent association protocols,
RECOGNIZING the importance of strengthening existing relations between the parties with a view to improving cooperation between them and their common desire to consolidate, deepen and diversify their relations in areas of common interest on the basis of the principles of equality, non-discrimination, respect for the natural environment and mutual benefit,
CONFIRMING their desire to improve, taking into account the activities undertaken in a regional framework, the cooperation between the European Community and the Republic of Indonesia, on the basis of common values and mutual benefit,
In accordance with their respective legislation and regulations,
CONVENTS OF SUVISIONS:
Article 1
General principles
1. Respect for democratic principles and fundamental human rights enshrined in the Universal Declaration of Human Rights, as well as other international human rights instruments applicable to both parties, underpins the domestic and international policies of the 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 sustainable development, to cooperate in addressing the challenge of climate change and to contribute to the achievement of the Millennium Development Goals.
4. The parties reaffirm their commitment to the 2005 Paris Declaration on Aid Effectiveness and agree to strengthen cooperation with a view to improving development results.
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
In order to strengthen their bilateral relations, the parties undertake a comprehensive dialogue and greater cooperation in all areas of common interest. Their efforts include:
(a) Establish bilateral cooperation in all relevant regional and international forums and organizations;
(b) Developing trade and investment between the parties to their mutual benefit;
(c) Establish cooperation in all areas related to trade and common interest investment to facilitate trade and investment flows and to prevent and remove barriers to trade and investment, including, where appropriate, through the ongoing and future regional initiatives of the CE-ASEAN;
(d) Establish cooperation in all other areas of common interest, including tourism, financial services, taxation and customs, macroeconomic policy, industrial policy and SMEs, information society, science and technology; energy, transport and transportation security, education and culture, human rights, the environment and natural resources, including the marine environment, forestry; agriculture and rural development, cooperation in the marine and fisheries field, health, food security, animal health, statistics, the protection of personal data, cooperation in the modernization of public administration and intellectual property rights;
(e) Establish cooperation on migration, lawful and illicit, trafficking and trafficking issues;
(f) Establish cooperation in the field of human rights and justice;
(g) Establish cooperation in combating the proliferation of weapons of mass destruction;
(h) Establish cooperation in combating transnational crime and terrorism, including the manufacture and trafficking of illicit drugs and their precursors and money-laundering;
(i) Promote the current and future participation of both parties in appropriate subregional and regional cooperation programmes;
(j) Improve the profile of both 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
Combating the proliferation of weapons of mass destruction
1. The parties believe that the proliferation of weapons of mass destruction and their means of delivery, both to state and non-state actors, is one of the most serious threats to international stability and security.
2. The parties therefore agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery by fully and nationally complying with their obligations under international treaties/conventions on disarmament and non-proliferation, as well as other multilaterally negotiated agreements and international obligations under the Charter of the United Nations. The parties agree that this provision is an essential element of this agreement.
3. The parties also agree to cooperate and take the necessary steps to improve the implementation of the international instruments on the disarmament and non-proliferation of weapons of mass destruction, applicable to both parties, including through exchanges of information, know-how and experience.
4. The parties also agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery by taking the necessary measures to sign, ratify or accede, as appropriate, to all other relevant international instruments and to fully implement them.
5. The parties also agree to cooperate in the establishment of an effective national export control system to prevent proliferation, consisting of export control and transit of goods related to weapons of mass destruction, as well as in the control of the final use of dual-use technologies, and with effective sanctions in cases of 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 cooperate on issues related to their legal systems, laws and judicial institutions, including their effectiveness, including through exchange of views and know-how and capacity-building. As part of their powers and competences, the parties endeavour to provide mutual legal assistance in criminal matters and extradition.
2. The parties reiterate that the most serious crimes affecting the international community as a whole cannot remain unpunished and that those charged with such crimes should be brought to justice and duly punished if convicted.
3. The parties agree to cooperate in the implementation of the Presidential Decree on the national plan of action for human rights 2004-2009, including the preparatory work for the ratification and implementation of international human rights instruments such as the Convention for the Prevention and Punishment of the Crime of Genocide and the Rome Statute of the International Criminal Court.
4. The parties recognize the beneficial nature of a dialogue on this subject.
Article 5
Cooperation in combating terrorism
1. The parties, reaffirming the importance of the fight against terrorism and in accordance with applicable international conventions, including human rights instruments and international humanitarian law, as well as their respective laws and regulations, and taking into account the global strategy against terrorism adopted by the General Assembly of the United Nations in resolution No. 60/288 of 8 September 2006 and the EU-ASEAN joint statement on cooperation in the fight against terrorism 28 January 2003, agree
2. As part of the implementation of UN Security Council resolution 1373 and other relevant UN resolutions, conventions and international instruments applicable to both parties, they cooperate in the fight against terrorism, including:
- by exchanging information on terrorist groups and their support networks, in accordance with international and national law;
- through an exchange of views on the means and methods used to counter terrorism, particularly in the technical and training fields, and through an exchange of experiences in the field of terrorism prevention;
- through cooperation in the enforcement of legislation, strengthening the legal framework and taking action on the conditions that fuel the spread of terrorism;
- through cooperation to improve border control and management, capacity building through networking, training programs, exchanges of senior officials, academics, analysts and field operators, and the organization of seminars and conferences.
Article 6
The parties undertake to exchange their views and to cooperate in regional and international forums and organizations such as the United Nations, the EU-ASEAN dialogue, the ASEAN Regional Forum (FRA), the Asia-Europe Summit (ASEM), the United Nations Conference on Trade and Development (UNCTAD) and the World Trade Organization (WTO).
Article 7
1. For each area of dialogue and cooperation under this Agreement, while giving due attention to bilateral cooperation issues, both parties agree to carry out the activities concerned at the bilateral or regional level or by combining the two frameworks. In selecting the appropriate framework, the parties seek to maximize the impact on all parties involved and to enhance their participation while making the best use of available resources, taking into account the political and institutional feasibility and, where appropriate, ensuring coherence with other activities involving partners of the Community and ASEAN.
2. The Community and Indonesia may, as the case may be, decide to extend financial support to cooperation activities in or relating to areas covered by the agreement in accordance with their respective procedures and financial resources. This cooperation may include the organization of training programs, workshops and seminars, exchanges of experts, studies and other actions agreed by the parties.
Article 8
General principles
1. The parties are engaged in a dialogue on bilateral and multilateral trade and trade issues with a view to strengthening bilateral trade relations and advancing the multilateral trading system.
2. The parties undertake to promote the development and diversification of their mutual trade at the highest possible level and their mutual benefit. They are committed to improving market access conditions through the removal of trade barriers, including the timely removal of non-tariff barriers and measures to improve transparency, while taking into account the work of international organizations in this area.
3. Recognizing that trade plays an essential role in development and that aid in the form of trade preference schemes has proven to be beneficial to developing countries, the parties are working to intensify consultations on such assistance in full compliance with WTO rules.
4. The parties are kept informed of developments in trade and trade-related trade policies such as agricultural policy, food security policy, animal health policy, consumer policy, hazardous chemicals policy and waste management policy.
5. The parties encourage dialogue and cooperation to improve their trade relations and investment flows, including by building technical capacity to address issues in the areas covered by articles 9 to 16.
Article 9
Health and phytosanitary matters (SPS)
The parties examine and exchange information on the procedures for legislation, registration and inspection, in particular within the framework of the WTO Agreement on Health and Phytosanitary Measures (SPS), the International Plant Protection Convention (IPPC), the International Epizooty Office (IOE) and the Codex Alimentarius Commission.
Article 10
Technical barriers to trade (OTC)
Parties contribute to promoting the use of international standards, cooperate and exchange information on standards, conformity assessment procedures and technical regulations, including in the context of the WTO Agreement on Technical Barriers to Trade (TBTO).
Article 11
Protection of intellectual property rights
The parties 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 the use, promotion, dissemination, rationalization, management, harmonization, protection and effective respect of intellectual property rights, the prevention of the abuse of these rights and the fight against counterfeiting and piracy.
Article 12
Trade facilitation
Parties share experiences and explore opportunities to simplify import, export and other customs regimes, improve transparency of trade regulations and develop customs cooperation, including mutual administrative assistance mechanisms, and also seek a convergence of views and joint action within the framework of international initiatives. The parties are particularly committed to strengthening the security dimension of international trade, including transport services, and to ensuring a balanced approach between trade facilitation and combating fraud and irregularities.
Article 13
Customs cooperation
Without prejudice to other forms of cooperation provided for in this Agreement, both parties affirm their interest in examining the possibility of entering into a protocol on customs cooperation in the future, including mutual assistance, within the institutional framework laid down by this Agreement.
Article 14
Investment
The parties promote a greater investment flow through the development of an attractive and stable environment for mutual investment through a coherent dialogue aimed at improving understanding and cooperation on investment issues, exploring certain administrative mechanisms to facilitate investment flows and promoting a stable, transparent, open and non-discriminatory investment regime.
Article 15
Competition policy
The parties contribute to promoting the effective introduction and application of competition rules, as well as the dissemination of information to promote transparency and legal security for companies operating in the respective markets.
Article 16
Services
The parties establish a coherent dialogue to exchange information on their respective regulatory environments, promote access to their respective markets and sources of capital and technology, and promote trade in services between the two regions and third-country markets.
Article 17
Tourism
1. The parties can cooperate to improve the exchange of information and to establish best practices to ensure a balanced and sustainable development of tourism in accordance with the World Tourism Organization's global ethical code of tourism and the principles of sustainability based on the local Agenda process 21.
2. The parties can intensify their cooperation to safeguard and optimize the potential of natural and cultural heritage, mitigate the negative impacts of tourism and increase the positive contribution of the tourism industry to the sustainable development of local communities, including by promoting ecological tourism, respecting the integrity and interests of local communities and improving training in the tourism sector.
Article 18
Financial services
The parties agree that they seek to promote cooperation in the area of financial services, in accordance with their needs and within their respective programs and legislation.
Article 19
Dialogue on economic policy
1. The parties agree to cooperate in promoting the exchange of information and the sharing of experiences on their respective economic trends and policies, particularly in the context of regional economic cooperation and integration.
2. The parties endeavour to deepen the dialogue between their respective authorities on economic issues, agreed by them, in particular in the areas of monetary policy, fiscal policy (including tax), public finances, macroeconomic stabilization and external debt.
3. The parties recognize the importance of improving transparency and the exchange of information in order to facilitate the implementation of measures to prevent tax evasion or fraud in the context of their respective legal frameworks.
They agree to improve cooperation in this area.
Rule 20
Industrial policy and cooperation between SMEs
1. The parties, taking into account their respective economic policies and objectives, agree to stimulate cooperation in industrial policy in all areas that they consider appropriate, with a view to improving the competitiveness of small and medium-sized enterprises, inter alia:
- by exchanging information and sharing experiences on creating favourable conditions for improving the competitiveness of small and medium-sized enterprises;
- by promoting contacts between economic operators, encouraging joint investments and common enterprises, as well as information networks, including through existing horizontal community programmes, by stimulating, in particular, technological transfers and know-how among partners;
- by facilitating access to financing, by providing information and stimulating innovation through the exchange of good practices concerning access to financing, in particular for micro and small enterprises;
- by joint research projects in specific industrial sectors and by cooperation on conformity assessment standards and procedures, as well as on technical regulations, in terms agreed to by mutual agreement.
2. The parties facilitate and support relevant activities determined by their respective private sectors.
Article 21
Information Society
The parties, recognizing that information and communication technologies are fundamental elements of modern life and are essential to economic and social development, strive to cooperate, inter alia, by focusing on:
(a) In-depth dialogue on the various aspects of the information society, in particular policies and regulations on electronic communication, including universal service, individual licences and general authorizations, the protection of privacy and personal data, as well as the independence and effectiveness of the guardianship authority;
(b) Interconnection and interoperability of networks and services of the European Union, Indonesia and South-East Asia;
(c) Standardization and dissemination of new information and communication technologies;
(d) Promoting cooperation in research between the Community and Indonesia in the field of information and communication technologies;
(e) Joint research projects in the field of information and communication technologies (ICT);
(f) ICT security issues/ aspects.
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. The purpose of this cooperation is to:
(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 scientific communities, research centres, universities and industry;
(c) Promoting human resources training;
(d) To encourage other agreed forms of cooperation.
3. Co-operation can take the form of joint research projects and exchanges, meetings and training of scientists through international mobility systems, providing maximum dissemination of research results.
4. The parties encourage their higher education institutions, their research centres and their respective production sectors, in particular their small and medium-sized enterprises, to join in this cooperation.
Article 23
Energy
The parties strive 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 supply security by developing new and renewable energy forms and cooperating on upstream and downstream industrial initiatives in the energy sector;
(b) Achieving rational use of energy at both supply and demand levels and encouraging cooperation in the fight against climate change, including through the clean development mechanism of the Kyoto Protocol;
(c) Promote technology transfer for efficient production and use of energy;
(d) Discuss the relationship between affordable access to energy and sustainable development.
Article 24
Transport
1. The parties shall endeavour to cooperate in all appropriate sectors of the transport policy, with a view to improving the movement of goods and passengers, promoting maritime and air safety, safety and security, human resources development, environmental protection and increasing the efficiency of their transport systems.
2. Such cooperation may include:
(a) Exchange of information on their respective transport policies and practices, including urban, rural, river and maritime transport, including logistics and interconnection and interoperability of multimodal transport networks, as well as the management of railways, ports and airports;
(b) The possible use of the European Galileo satellite navigation system, with emphasis on issues of common interest;
(c) A dialogue in the field of air transport services with a view to deepening bilateral relations in sectors of common interest, including the modification of certain aspects of existing bilateral agreements in the field of air services between Indonesia and the various Member States, in order to bring them into line with the respective laws and regulations of the parties and to explore possibilities for closer cooperation in the field of air transport;
(d) A dialogue in the field of maritime transport services aimed at unlimited access to international maritime markets and trade on a commercial basis, the non-introduction of cargo-sharing clauses, the national processing and the most-favoured-nation clause for vessels operated by nationals or companies of the other party and issues related to international transport services bear to bear;
(e) Implementation of safety, safety and pollution prevention standards and regulations, including maritime and air transport, in accordance with relevant international conventions.
Rule 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 strive to take appropriate measures to promote cultural exchanges and to carry out joint initiatives in different cultural areas, including the joint organization 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 with relevant international forums, such as UNESCO, to cooperate with them and to exchange their views on cultural diversity, including on recent developments such as the ratification and implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions.
4. The parties also focus on measures designed to create permanent links between their respective specialized agencies, to encourage exchanges of information and publications, know-how, students, experts and technical resources, to promote ICT by leveraging the means offered by community programs in South-East Asia in the fields of education and culture, as well as the experience gained by both parties in the field of education and culture. Both parties also agree to encourage the implementation of the Erasmus Mundus program.
Rule 26
Human rights
1. The parties agree to cooperate in the promotion and protection of human rights.
2. Such cooperation may include:
(a) Support for the implementation of the Indonesian National Action Plan for Human Rights;
(b) The promotion of human rights and education in this field;
(c) Strengthening human rights institutions.
3. The parties recognize the beneficial nature of a dialogue on this subject.
Rule 27
Environment and natural resources
1. The parties agree on the need to preserve and sustainably manage natural resources and biodiversity as essential elements for the development of current and future generations.
2. The outcome of the World Summit on Sustainable Development and the implementation of multilateral environmental agreements applicable to both parties will be taken into account in all activities undertaken by the parties under this Agreement.
3. Parties shall endeavour to continue their cooperation in regional programmes on environmental protection, including:
(a) Environmental awareness and capacity to implement legislation;
(b) Capacity-building for climate change and energy efficiency focused on research and development, monitoring and analysis of climate change and greenhouse effects, and risk mitigation and adaptation programs;
(c) Capacity-building in the implementation of and participation in multilateral environmental agreements, including those related to biodiversity, biosecurity and CITES;
(d) Promoting environmental technologies, products and services, including capacity-building in environmental management and ecological labelling;
(e) Prevention of clandestine cross-border movements of hazardous substances and wastes and other types of waste;
(f) control of the conservation, pollution and degradation of the coastal and marine environment;
(g) local participation in environmental protection and sustainable development;
(h) Land and land management;
(i) measures to combat cross-border pollution caused by the "dry fog".
4. Parties shall promote mutual access to programs in this area, in accordance with the specific terms and conditions set out in these programs.
Rule 28
Forestry
1. The parties agree on the need to protect, conserve and sustainably manage forest resources and their biological diversity for the benefit of current and future generations.
2. The parties strive to continue their cooperation to improve forest and forest fire management, the fight against clandestine forest exploitation and associated trade, and the promotion of sustainable forest management.
3. Parties develop cooperation programmes, including:
(a) The promotion, through relevant international, regional and bilateral forums, of legal instruments to deal with the clandestine exploitation of forests and associated trade;
(b) Capacity-building, research and development;
(c) Support for the development of a sustainable forest sector;
(d) The development of forest certification.
Rule 29
Agriculture and rural development
The parties agree to intensify their cooperation in agriculture and rural development. Such enhanced cooperation may include:
(a) Agricultural policy and international agricultural perspectives in general;
(b) Opportunities to remove barriers to trade in crop and livestock products;
(c) Development policy in rural areas;
(d) Quality policy for crop and livestock products and protected geographical indications;
(e) The development of markets and the promotion of international trade relations;
(f) The development of sustainable agriculture.
Rule 30
Fishing and marine environment
The parties promote cooperation in the field of fisheries and the marine environment at the bilateral and multilateral levels, including in promoting sustainable development and management responsible for fisheries and the marine environment.
Such cooperation may include:
(a) The exchange of information;
(b) Support for a long-term sustainable and responsible policy on fisheries and the marine environment, including in the conservation and management of coastal and marine resources;
(c) Support for efforts to combat illegal, unreported and unregulated fishing practices, and
(d) Market development and capacity-building.
Rule 31
Health
1. The parties agree to cooperate in the health sector in areas of common interest with a view to strengthening their activities related to research, health system management, nutrition, pharmacology, preventive medicine, major contagious diseases, including HIV/AIDS, SARS, and non-communicable diseases such as cancer and heart disease, road injuries and other health threats.
2. Cooperation is carried out mainly by:
(a) Exchanges of information and experiences in the aforementioned areas;
(b) Programs on epidemiology, decentralization, health financing, community accountability and the administration of health services;
(c) Capacity building through technical assistance, vocational training programs;
(d) Programmes to improve health services and support related activities such as those to reduce infant and maternal mortality rates.
Rule 32
Statistics
The parties agree to promote, in accordance with the statistical cooperation activities existing between the Community and ASEAN, the harmonization of statistical methods and practices, including the collection and dissemination of statistics, thus enabling them to use, on a mutually acceptable basis, statistics on trade in goods and services and, more generally, on any other area covered by this agreement that is ready for statistical processing, including collection, analysis and dissemination.
Rule 33
Protection of personal data
1. The parties agree to engage in this area, with the mutual aim of improving the level of protection of personal data, taking into account international best practices, including those contained in the UN Guidelines for the Regulation of Computerized Records of Personal Data (General Assembly resolution 45/95 of 14 December 1990).
2. Cooperation in the protection of personal data may include, inter alia, technical assistance in the form of information exchange and know-how, taking into account the legislation and regulations of the parties.
Rule 34
Migration
1. The parties reaffirm the importance of joint efforts in the management of migratory flows between their territories and, with a view to strengthening their cooperation, they engage in a thorough dialogue on all issues related to migration, including clandestine immigration, smuggling of migrants and trafficking in human beings, as well as assistance to persons in need of international protection. Migration issues are integrated into the national socio-economic development strategies of both sides. Both parties agree to respect humanitarian principles when addressing migration issues.
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 national laws and practices in accordance with the appropriate international law applicable to both parties with a view, inter alia, to ensuring respect for the principle of "non-refoulement";
(c) Issues considered to be of common interest in visas, travel documents and border control management;
(d) The rules of admission, as well as the rights and status of persons admitted, fair treatment for all non-citizens in legal situations, education and training, as well as measures to combat racism and xenophobia;
(e) Technical and human capacity-building;
(f) The development of an effective preventive policy against illegal immigration, smuggling of migrants and trafficking in human beings, including ways to combat networks and criminal organizations of smugglers and traffickers and to protect victims of such trafficking;
(g) The return and promotion of the voluntary return, in human and dignified conditions, of persons illegally residing in the territory of a country and their readmission, in accordance with paragraph 3.
3. As part of the cooperation to prevent and control illegal immigration and without prejudice to the need to protect victims of human trafficking, the parties further agree:
(a) To identify their alleged nationals and to reclaim all their nationals present illegally in the territory of a Member State or Indonesia, upon request and without undue delay or other formalities, once their nationality has been established;
(b) Provide their nationals with appropriate identity documents.
4. The parties agree, upon request, to negotiate with a view to entering into an agreement governing their specific obligations in respect of readmission, including an obligation to readmission of their respective nationals and nationals from other countries. This also concerns the issue of stateless persons.
Rule 35
Combating organized crime and corruption
The parties agree to cooperate and contribute to the fight against organized, economic and financial crime, and against corruption, in full compliance with their international mutual obligations in this area, including through effective cooperation in the recovery of assets or funds from acts of corruption. This provision is an essential element of this agreement.
Rule 36
Cooperation in combating illicit drugs
1. Within the limits of their respective legal frameworks, the parties cooperate to ensure a comprehensive and balanced approach through effective action and coordination between the competent authorities, including sectors of health, education, including police, customs and social services, justice and interior, as well as regulation of the legal market, with the aim of reducing the supply, traffic and demand of illicit drugs and
2. The parties agree on the modalities of cooperation to be implemented to achieve these objectives. The actions are based on common principles under the international conventions in force in this area, the political declaration and the special declaration on the directions to be followed to reduce the demand for narcotic drugs adopted by the twentieth special session of the General Assembly of the United Nations on Drugs of 1998.
3. Co-operation between the parties may involve 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 abuse in various ways, including reduction of drug-related harm; information and control centres; training of staff; drug research; judicial and police cooperation and prevention of diversion of chemical precursors used in the illicit manufacture of narcotic drugs and psychotropic substances. Parties may agree to include other areas.
4. Parties may cooperate to promote other sustainable development policies to minimize the illicit cultivation of drugs, including cannabis.
Rule 37
Cooperation in combating money-laundering
1. The parties agree on the need to work and cooperate to prevent their financial systems from being used for money laundering from criminal activities such as drug trafficking and corruption.
2. Both parties agree to cooperate with administrative and technical assistance aimed at developing and implementing regulations and improving the functioning of mechanisms to combat money laundering and the financing of terrorism, including through the recovery of assets or funds from criminal acts.
3. Cooperation will enable the exchange of useful information in their respective legislative frameworks and the adoption of appropriate standards to combat money laundering and the financing of terrorism, equivalent to those adopted by the Community and international organizations active in this area, such as the Financial Action Group on Money Laundering (FATF).
Rule 38
Civil society
1. The parties recognize the role and potential contribution of an organized civil society, in particular academia, to the dialogue and cooperation process envisaged under this Agreement and agree to promote effective dialogue with the same organized civil society, as well as its effective participation.
2. In accordance with the democratic principles and legislative and regulatory provisions of each party, organized civil society may:
(a) Participate in the national policy development process;
(b) To be informed of the consultations on sectoral policies and development and cooperation strategies, and to participate, in particular in the areas of concern, in all stages of the development process;
(c) Transparently manage the financial resources allocated to it in support of its activities;
(d) Participate in the implementation of cooperation programmes, including capacity-building, in areas of concern.
Rule 39
Cooperation in the modernization of the state and public administration
The parties, based on an assessment of the specific needs of mutual consultation, agree to cooperate in the modernization of their public administration, including in the following areas:
(a) Improving organizational efficiency;
(b) Strengthening the effectiveness of institutions in service delivery;
(c) The guarantee of transparent management of public finances and accountability;
(d) Improving the legal and institutional framework;
(e) Capacity-building for policy design and implementation (public services, budget development and execution, anti-corruption);
(f) Strengthening judicial systems;
(g) Improvement of enforcement mechanisms and services.
Rule 40
Modalities of cooperation
1. The parties agree, within their respective resources and regulations, to make available appropriate, financial and other means to enable the achievement of the objectives of cooperation set out in this Agreement.
2. The parties encourage the European Investment Bank to continue operations in Indonesia, in accordance with its financing procedures and criteria, as well as the legislation and regulations in force in Indonesia.
Rule 41
Joint Committee
1. The parties agree to establish a joint committee under this agreement, composed of representatives of the two parties at the highest possible level, to be entrusted with the following missions:
(a) Ensure the proper operation and application of the agreement;
(b) Define priorities with respect to the objectives of the agreement;
(c) resolving disputes related to the application or interpretation of the agreement;
(d) Make recommendations to the signatories of the agreement to promote its objectives and, where appropriate, resolve any disputes related to its application or interpretation.
2. The joint committee normally meets at least once every two years in Indonesia and Brussels, alternatively, at a date to be agreed upon. The special sessions of the joint committee may also be convened by agreement of the parties. The Presidency is provided alternately by each of the parties. The agenda of the meetings of the joint commission is mutually agreed between the parties.
3. The joint committee may establish specialized working groups to assist it in the performance of its tasks. These working groups present detailed reports of their activities to the joint committee at each of its meetings.
4. The parties agree to entrust the joint committee with the task of ensuring the proper operation of any sectoral agreement or protocol between the Community and Indonesia.
5. The joint committee defines the rules of procedure for the application of the agreement.
Rule 42
Future development clause
1. The parties may, by mutual consent, amend, review and extend this Agreement to strengthen the level of cooperation, including agreements or protocols on specific areas or activities.
2. As part of the application of this Agreement, each of the two parties may make suggestions to extend the scope of cooperation, taking into account the experience gained during its implementation.
Rule 43
Other agreements
1. Without prejudice to the relevant provisions of the Treaty establishing the European Community, this Agreement or any action taken within the framework of the latter shall, in any way, affect the power of the Member States to undertake bilateral cooperation actions with Indonesia or to conclude, where appropriate, new agreements of partnership and cooperation with Indonesia.
2. The agreement does not affect the application or implementation of the commitments made by each party in its relations with third parties.
Rule 44
Settlement mechanism
1. Each party may refer to the joint committee of any dispute relating to the application or interpretation of this Agreement.
2. The joint committee will deal with the dispute in accordance with the terms set out in section 41, paragraph 1, points (c) and (d).
3. If one of the parties considers that the other has not met any of the obligations under this Agreement, it may take appropriate action. Previously, it provides, except in the case of a special emergency, all the information necessary for a thorough review of the situation with a view to finding a solution acceptable to the parties.
4. The parties agree, for the purposes of the correct interpretation and practical application of the agreement, that the "special emergency cases" referred to in paragraph 3 mean cases of a substantial violation of the agreement by one of the parties. A substantial violation consists of:
(i) A denunciation of the agreement not sanctioned by the general rules of international law or,
(ii) A serious violation of an essential element of the agreement, as described in Article 1, paragraph 1, Article 3, paragraph 2, and Article 35.
5. The choice of measures should focus on those that are at least disrupting the operation of this Agreement. These measures are notified immediately to the other party and are subject to consultations within the joint committee at the request of the other party.
Rule 45
Facilities
In order to facilitate cooperation under this Agreement, both parties agree to provide the necessary facilities to carry out the tasks of duly authorized experts and officials involved in the implementation of cooperation, in accordance with the internal rules and regulations of both parties.
Rule 46
Territorial application
This Agreement applies to territories where the Treaty establishing the European Community is applicable and under the conditions provided for in that Treaty, on the one hand, and to the territory of Indonesia, on the other.
Rule 47
Definition of 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 competences, and the Republic of Indonesia on the other.
Rule 48
Entry into force and duration
1. This Agreement comes into force on the first day of the month following the date on which the last party notified the other party of the legal procedures necessary for this purpose.
2. This Agreement shall be concluded for a period of five years.
It is automatically extended for successive one-year periods, unless written notification from one party to another of its intention not to extend the agreement six months before the end of any subsequent one-year period.
3. Amendments to this Agreement shall be made by mutual consent between the parties. They come into force only when the parties notified themselves of the completion of all necessary formalities.
4. This Agreement may be terminated by a party by means of a written notification of denunciation addressed to the other party. The agreement ceases to be applicable six months after the receipt of this notification by the other party.
Rule 49
Notification
The notification is sent respectively to the Secretary General of the Council of the European Union and to the Minister for Foreign Affairs of the Republic of Indonesia.
Rule 50
Faithful text
This agreement is written in 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.
FINAL ACT
The Plenipotentiaries of THE EUROPEAN COMMUNITY, hereafter referred to as the "Community",
and:
BELGIUM,
THE BULGARIA REPUBLIC,
THE TCHEN REPUBLIC,
DANEMARK,
THE GERMANY REPUBLIC,
THE REPUBLIC OF ESTONIA,
IRILAND,
THE HELLENICAL REPUBLIC,
SPANISH ROY,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
THE REPUBLIC OF LITUANIA,
LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE POLAND REPUBLIC,
THE PORTUGAISE REPUBLIC,
THE ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE FINLAND REPUBLIC,
THE ASSESSMENT,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
Contracting Parties to the Treaty establishing the European Community and to the Treaty on the European Union, below referred to as "Member States",
on the one hand, and
THE REPUBLIC OF INDONESIA,
on the other hand,
Meeting in Djakarta on 9 November 2009, for the signing of a comprehensive framework agreement for partnership and cooperation between the European Community and its member States, on the one hand, and the Republic of Indonesia, on the other, adopted the agreement.
The Plenipotentiaries of the Member States and the Plenipotentiary of the Republic of Indonesia take note of the following unilateral declaration of the European Community:
"The provisions of the agreement which fall under Part III, Title IV, of the Treaty establishing the European Community bind the United Kingdom and Ireland as separate and not as member States of the European Community until the United Kingdom or Ireland (as applicable) notify the Republic of Indonesia that it or it is now bound as a member of the European Community, The same provisions apply to Denmark, in accordance with the Danish position protocol annexed to the said treaties. »
Done on February 11, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
