# EUR-Lex - 52013PC0230 - EN

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# 52013PC0230

**Proposal for a COUNCIL DECISION on the conclusion of the Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part /* COM/2013/0230 final - 2013/0120 (NLE) */**

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EXPLANATORY MEMORANDUM

In November 2004, the Council authorised
the Commission to negotiate individual Framework Agreements on Partnership and
Cooperation (PCA) with Thailand, Indonesia, Singapore, The Philippines, Malaysia and Brunei. Negotiations with Indonesia started in 2005 and were concluded in June 2007.
The Commission initialled the PCA in July 2007 and Indonesia initialled in July
2009. The Agreement was co-signed on 9 November 2009 in Jakarta.

This comprehensive EU-Indonesia Partnership
and Co-operation Agreement (PCA) was the first of its kind between the EU and
ASEAN countries. It is a testimony to the rapidly growing importance of
EU-Indonesian ties and opens a new era in bilateral relations, based on shared
principles such as equality, mutual respect, mutual benefit, democracy, rule of
law and human rights.

The Agreement strengthens political,
economic and sectoral cooperation across a wide range of policy fields,
including trade, environment, energy, science and technology, and good governance,
as well as tourism and culture, migration, counter terrorism and the fight
against corruption and organised crime. It will further enhance cooperation on
responding to global challenges, where both Indonesia and the EU are playing an
increasingly important role, such as in the G20.

The PCA will allow the EU to assume greater
responsibility and influence in the region. By virtue of the PCA, the EU will
promote European values and enhance concrete cooperation in a wide range of
areas of mutual interest. The PCA will be regarded as a positive example for an
inter-cultural/religious dialogue, given that Indonesia is the third most
populous country in Asia and the largest Muslim country in the world.

The conclusion of the PCA is in line with
the EU's objective of creating a comprehensive and coherent economic and
political framework for relations between the EU and ASEAN countries.

In accordance with standing case-law of the
Court, the Commission takes the view that, since the entry into force of the
Treaty of Lisbon and the integration of CFSP into Union policies, framework
agreements such as the PCA with Indonesia are entirely covered by competences
conferred upon the EU by the Treaties. Therefore, it is the view of the
Commission that such agreements are EU only bilateral agreements.

The fact that the Commission has submitted
its proposal as an agreement of the Union and its Member States with Indonesia is exclusively linked to the genesis of this specific agreement under the rules of the
Treaty before the entry into force of the Treaty of Lisbon and the
international obligations that result therefrom for the Union.

The Commission notes that the Final Act
contains the following Unilateral Declaration by the European Community:

"The
provisions of the Agreement that fall within the scope of Part III, Title IV of
the Treaty establishing the European Community bind the United Kingdom and
Ireland as separate Contracting Parties, and not as part of the European
Community, until the United Kingdom or Ireland (as the case may be) notifies
the Republic of Indonesia that it has become bound as part of the European
Community in accordance with the Protocol on the position of the
United Kingdom and Ireland annexed to the Treaty on European Union and the
Treaty establishing the European Community. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark."

As the
Proposal for a Council Decision on the conclusion of the PCA Indonesia is not
based on any legal basis of Title V of Part III of the TFEU, the Commission
considers that the Unilateral Declaration above has become without object. The
Commission therefore considers that, at the occasion of the adoption of the
Council Decision on the conclusion, the Council and the Commission should make
the following joint declaration:

"The Council
and the Commission note that the decision to conclude the PCA with Indonesia is adopted on the basis of Article 207 and 209 TFEU and not "pursuant to
Title V of the Part Three of the TFEU". Therefore, the Unilateral
Declaration made by the European Community at the occasion of the signature of
the Final Act has become without object."

2013/0120 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of the Framework
Agreement on Comprehensive Partnership and cooperation between the European
Community and its Member States, of the one part, and the Republic of
Indonesia, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 207 and 209, in
conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament,

Whereas:

(1)       In accordance with the
decision of the Council of 5 November 2009[1],
the Framework Agreement on
Comprehensive Partnership and cooperation between the European Community and
its Member States, of the one part, and the Republic of Indonesia, of the other
part was signed on 9 November 2009, subject to its conclusion at a later date.

(2)       The Agreement should be
approved on behalf of the European Union.

HAS ADOPTED THIS DECISION:

Article
1

The Framework Agreement on Comprehensive
Partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part is hereby approved on behalf of the Union.

The text of the Agreement is attached to
this Decision.

Article
2

The High Representative of the Union/Vice
President of the Commission or a representative of the High Representative of
the Union/Vice President of the Commission shall chair the Joint Committee
provided for in Article 41 of the Agreement.

Article
3

The President of the Council shall
designate the person empowered to give, on behalf of the European Union, the
notification provided for in Article 48(1) of the Agreement.

Article
4

This
Decision shall enter into force on the day of its adoption. It shall be
published in the Official Journal of the European Union.

Done at Brussels,

For
the Council

The
President

FRAMEWORK AGREEMENT
ON COMPREHENSIVE PARTNERSHIP
AND COOPERATION
BETWEEN THE EUROPEAN COMMUNITY AND
ITS MEMBER STATES, OF THE ONE PART, AND
THE REPUBLIC OF INDONESIA,
OF THE OTHER PART

THE EUROPEAN COMMUNITY,

hereinafter referred to as "the
Community" and

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

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 LUXEMBURG,

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",

of the
one part, and

THE GOVERNMENT OF THE REPUBLIC OF INDONESIA,

of the
other part,

Hereinafter jointly referred to as
"the Parties",

CONSIDERING the traditional links of
friendship between the Republic of Indonesia and the Community, and the close
historical, political and economic ties which unite them,

WHEREAS the Parties attach particular
importance to the comprehensive nature of their mutual relationship,

REAFFIRMING the attachment of the Parties
to the respect for the principles enshrined in the Charter of the United
Nations,

REAFFIRMING the commitment of the Parties
to the respect, promotion and protection of democratic principles and
fundamental human rights, rule of law, peace and international justice as laid
down, inter alia, in the United Nations Universal Declaration on Human
Rights, the Rome Statute and other international human rights instruments
where these are applicable to both Parties,

REAFFIRMING respect for sovereignty,
territorial integrity and national unity of the Republic of Indonesia,

REAFFIRMING their attachment to the
principles of the rule of law and of good governance, and their desire to
promote economic and social progress for their peoples, taking into account the
principle of sustainable development and environmental protection requirements,

REAFFIRMING that the most serious crimes of
concern to the international community must not go unpunished and that
those who are accused of them should be brought to justice and if found guilty
should be duly punished and that their effective prosecution must be
ensured by taking measures at national level and by enhancing global
collaboration,

EXPRESSING their full commitment to
fighting all forms of trans-national organised crime and terrorism
in compliance with international law, including human rights law, humanitarian
principles on migratory and refugee issues and international humanitarian law
and to establishing effective international cooperation and instruments to
ensure their eradication,

WHEREAS the Parties recognise that the
adoption of relevant international conventions and other relevant UNSC
Resolutions including UNSC Resolution 1540 underlie the commitment of the whole
international community to fight against proliferation of weapons of mass
destruction,

RECOGNISING the need to both strengthen
disarmament as well as non-proliferation obligations under international law, inter
alia, in order to exclude the danger posed by weapons of mass destruction,

RECOGNISING 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 South-East Asian Nations (ASEAN) and subsequent
accession protocols,

RECOGNISING the importance of strengthening
the existing relationship between the Parties with a view to enhancing
cooperation between them, and their common will to consolidate, deepen and
diversify their relations in areas of mutual interest on the basis of equality,
non-discrimination, respect for the natural environment and mutual benefit,

CONFIRMING their desire to enhance, taking
account of activities undertaken in the regional framework, the cooperation
between the Community and the Republic of Indonesia, based on
shared values and mutual benefit,

PURSUANT to their respective laws and
regulations,

HAVE AGREED AS FOLLOWS:

TITLE
I

NATURE
AND SCOPE

ARTICLE 1

General Principles

1.           Respect for democratic
principles and fundamental human rights, as laid down in the Universal
Declaration of Human Rights and other international human rights instruments
applicable to both Parties underpins the internal and international policies of
both Parties and constitutes an essential element of this Agreement.

2.           The Parties confirm their shared
values as expressed in the Charter of the United Nations.

3.           The Parties confirm their
commitment to promoting sustainable development, cooperating to address the
challenge of climate change and contributing to reaching the Millennium
Development Goals.

4.           The Parties reaffirm their
commitment to the Paris Declaration of 2005 on Aid Effectiveness and agree to
strengthen cooperation with a view to further improving development
performance.

5.           The Parties reaffirm their
attachment 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 shall be based on the principles of
equality and mutual benefit.

ARTICLE
2

Aims of Cooperation

With a view to strengthening their
bilateral relationship, the Parties undertake to hold a comprehensive dialogue
and promote further cooperation between them on all sectors of mutual interest.
Their efforts will in particular be aimed at:

(a)          establishing cooperation
bilaterally and in all relevant regional and international fora
and organisations;

(b)          developing trade and investment
between the Parties to their mutual advantage;

(c)          establishing cooperation in all
trade and investment-related areas of mutual interest, in order to facilitate
trade and investment flows and to prevent and remove obstacles to trade and
investment, including where appropriate, ongoing and future regional EC-ASEAN
initiatives;

(d)          establishing cooperation in other
sectors of mutual interest, notably tourism,
financial services; taxation and customs; macro-economic policy; industrial
policy and SMEs; information society; science and technology; energy; transport
and transport safety; education and culture; human rights; environment and
natural resources, including marine environment; forestry; agriculture and
rural development; cooperation on marine and fisheries; health; food safety;
animal health; statistics; personal data protection; cooperation on the
modernisation of the state and public administration; and intellectual property
rights;

(e)          establishing cooperation on
migration issues, including legal and illegal migration, smuggling and
trafficking in human beings;

(f)           establishing cooperation on
human rights and legal affairs;

(g)          establishing cooperation on
countering the proliferation of weapons of mass destruction;

(h)          establishing cooperation on
combating terrorism and transnational crimes, such as the manufacturing
and trafficking of illicit drugs and their precursors and money laundering;

(i)           enhance existing and encourage
possible participation of both Parties within relevant sub-regional and
regional cooperation programmes;

(j)           raising the profiles of both
Parties in each others' regions;

(k)          promoting people-to-people
understanding through cooperation of various non-governmental entities such as
think-tanks, academics, civil society, and the media, in the form of seminars,
conferences, youth interaction and other activities.

ARTICLE
3

Countering 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 state and non-state actors, represents one of the most serious threats to
international stability and security.

2.           The Parties therefore agree to
cooperate and to contribute to countering the proliferation of weapons of mass
destruction and their means of delivery through full compliance with and
national implementation of their existing obligations under multilateral
disarmament and non-proliferation treaties/conventions, as well as other
multilaterally negotiated agreements and 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 further agree to
cooperate in and take steps towards strengthening the implementation of
international instruments on disarmament and non-proliferation of weapons of
mass destruction, applicable to both Parties, amongst others through sharing of
information, expertise and experience.

4.           The Parties agree also to
cooperate and to contribute to countering the proliferation of weapons of mass
destruction and their means of delivery, by taking action towards signing,
ratifying, or acceding to, as appropriate, and fully implement all other
relevant international instruments.

5.           The Parties furthermore agree to
cooperate towards the establishment of effective national export controls, to
prevent proliferation, controlling the export as well as transit of Weapons of
Mass Destruction (WMD) related goods, including through WMD end-use control on
dual use technologies and with effective sanctions for breaches of export
controls.

6.           The Parties agree to establish a
regular political dialogue that will accompany and consolidate these elements.
Such dialogue may take place on a regional basis.

ARTICLE
4

Legal Cooperation

1.           The Parties shall cooperate on
issues pertaining to the development of their legal systems, laws and legal
institutions, including on their effectiveness, in particular by exchanging
views and expertise as well as by capacity building. Within their powers and
competences, the Parties shall endeavour to develop mutual legal assistance in
criminal matters and extradition.

2.           The Parties reaffirm that the
most serious crimes of concern to the international community as a whole must not go unpunished and that those who are accused of
them should be brought to justice and if found guilty should be duly punished.

3.           The Parties agree to cooperate on
the implementation of the Presidential Decree on the National Plan of Action of
Human Rights 2004-2009, including preparations for the ratification and
implementation of international human rights instruments, such as the
Convention on the Prevention and Punishment of the Crime of Genocide, and the
Rome Statute on the International Criminal Court.

4.           The Parties agree that a dialogue
between them on this matter would be beneficial.

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 with their respective legislation and regulations,
and, taking into account the UN Global Counter–Terrorism Strategy, contained in
the UNGA Resolution No. 60/288 of 8 September 2006, and the Joint EU-ASEAN
Declaration on cooperation to combat terrorism of 28 January 2003, agree to
cooperate in the prevention and suppression of terrorist acts.

2.           The Parties shall, in the
framework of the implementation of Resolution 1373 of the UN Security Council
and other relevant UN resolutions, international conventions and instruments
applicable to both Parties, cooperate in combating terrorism, through inter
alia:

–
exchange of information on terrorist groups and
their support networks in accordance with international and national law;

–
exchange of views on means and methods used to
counter terrorism, including in technical fields and training, and by exchange
of experiences in respect of terrorism prevention;

–
cooperation on law enforcement, strengthening of
the legal framework and addressing conditions conducive to the spread of
terrorism;

–
cooperation on the promotion of border control
and management, strengthening capacity building through the establishment of
networking, training and education programmes, exchange of visits of high
officials, academics, analysts and field operators, and organising seminars and
conferences.

TITLE
II

COOPERATION IN REGIONAL AND INTERNATIONAL ORGANISATIONS
ARTICLE 6

The Parties undertake to exchange views and
cooperate within the framework of regional and international fora and
organisations such as the United Nations, ASEAN-EU dialogue,
ASEAN Regional Forum (ARF), the Asia-Europe Meeting (ASEM), the United
Nations Conference on Trade and Development (UNCTAD) and the World Trade
Organisation (WTO).

TITLE III
BILATERAL AND REGIONAL COOPERATION
ARTICLE 7

1.           For each sector of dialogue and
cooperation under this Agreement, and while giving due emphasis to matters
under bilateral cooperation, both sides agree to carry out the related
activities at bilateral or regional level or through a combination of both
frameworks. In choosing the appropriate framework, the Parties will seek to
maximise the impact on and reinforce the involvement of all interested parties,
while making the best possible use of available resources, taking account of
the political and institutional feasibility, and, where appropriate, ensuring
coherence with other activities involving the Community and ASEAN partners.

2.           The Community and Indonesia may, as appropriate, decide to extend financial support to cooperation activities
in the areas covered by the agreement or in relation to it, in accordance with
their respective financial procedures and resources. This cooperation may in
particular include organisation of training schemes, workshops and seminars,
exchanges of experts, studies, and other actions agreed by the Parties.

TITLE
IV
COOPERATION ON TRADE AND INVESTMENT
ARTICLE 8
General Principles

1.           The Parties shall engage in a
dialogue on bilateral and multilateral trade and trade-related issues with a
view to strengthening bilateral trade relations and advancing the multilateral
trade system.

2.           The Parties undertake to promote
the development and diversification of their reciprocal commercial exchanges to
the highest possible level and to their mutual benefit. They undertake to
achieve improved market access conditions by working towards the elimination of
barriers to trade, in particular through the timely removal of non-tariff barriers
and by taking measures to improve transparency, having regard to the work
carried out by international organisations in this field.

3.           Recognising that trade plays an
indispensable role in development, and that assistance in the form of trade
preferences schemes have proven beneficial to developing countries, the Parties
endeavour to strengthen their consultation on such assistance in full WTO
compliance.

4.           The Parties shall keep each other
informed concerning the development of trade and trade‑related policies
such as agricultural policy, food safety policy, animal health policy, consumer policy, hazardous chemical substances, and
waste management policy.

5.           The Parties shall encourage
dialogue and cooperation to develop their trade and
investment relations, including the provision of technical capacity building to
solve problems, in the areas referred to under Articles 9 to 16.

ARTICLE
9    
Sanitary and Phytosanitary (SPS) Issues

The Parties shall discuss and exchange
information on legislation, certification and inspection procedures, within the
framework of the WTO Agreement on Sanitary and Phytosanitary matters (SPS), the
International Plant Protection Convention (IPPC), the Office International des
Epizooties (OIE) and the CODEX Alimentarius Commission (CAC).

ARTICLE 10
Technical Barriers to Trade (TBT)

The Parties
shall promote the use of international standards and co-operate and exchange
information on standards, conformity assessment procedures and technical
regulations, especially within the framework of the WTO Agreement on Technical
Barriers to Trade (TBT).

ARTICLE
11
Intellectual Property Rights Protection

The Parties shall cooperate on improving
and enforcing Intellectual Property protection and utilisation based upon best
practices, and enhancing the dissemination of the knowledge thereof. Such
cooperation may include exchange information and experience on
issues such as the practice, promotion, dissemination, streamlining,
management, harmonisation, protection and effective application of intellectual
property rights, the prevention of abuses of such rights, the fight against
counterfeiting and piracy.

ARTICLE
12
Trade Facilitation

The Parties shall share
experiences and examine possibilities to simplify import, export and other
customs procedures, increase transparency of trade regulations and develop
customs cooperation, including mutual administrative assistance mechanisms and
also seek convergence of views and joint action in the context of international
initiatives. The Parties will pay special attention to increasing the security
dimension of international trade, including transport services, and to ensuring
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 under this Agreement, both Parties state their
interest, in considering the possibility, in the future, of the conclusion of a
protocol on customs cooperation, including mutual assistance, within the
institutional framework laid down in this Agreement.

ARTICLE 14
Investment

The Parties shall encourage a greater flow
of investment through the development of an attractive and stable environment
for reciprocal investment through a consistent dialogue aimed at enhancing
understanding and cooperation on investment issues, exploring administrative
mechanisms to facilitate investment flows, and promoting a stable, transparent,
open and non-discriminatory investment regime.

ARTICLE
15
Competition Policy

The Parties shall promote the effective
establishment and application of competition rules and the dissemination of
information in order to foster transparency and legal certainty for enterprises
operating in each other's markets.

ARTICLE 16
Services

The Parties shall establish a consistent
dialogue notably aimed at exchanging information on their respective regulatory
environments, promoting access to each other's markets, promoting access to
sources of capital and technology, promoting trade in services between both
regions and in third countries' markets.

TITLE V
COOPERATION IN OTHER SECTORS
ARTICLE 17
Tourism

1.           The
Parties may cooperate in order to improve the exchange of information and
establish best practice so as to ensure balanced and sustainable development of
tourism in accordance with the World Tourism Organization's Global Code of
Ethics for Tourism and with sustainability principles which form the basis of
the local Agenda 21 process.

2.           The Parties may develop
cooperation on safeguarding and maximising the potential of natural and
cultural heritage, mitigating tourism negative impacts, and increasing positive
contribution of tourism business to local community sustainable development, inter
alia, by developing eco‑tourism, respecting the integrity and
interests of local communities, and improving training in the tourism industry.

ARTICLE 18
Financial Services

The Parties agree to foster, according to
their needs and within the framework of their respective programmes and
legislation, cooperation on financial services.

ARTICLE 19
Economic Policy Dialogue

1.           The Parties agree to cooperate on
promoting the exchange of information and the sharing of experiences on their
respective economic trends and policies, as well as the sharing of experiences
on economic policies including within the context of regional economic
cooperation and integration.

2.           The Parties endeavour to deepen
the dialogue between their authorities on economic matters which, as agreed by
the Parties, may include areas such as monetary policy, fiscal (including tax)
policy, public finance, and macroeconomic stabilisation and external debt.

3.           The Parties recognise the
importance of improving transparency and the exchange of information in order
to facilitate the enforcement of measures preventing the avoidance or evasion
of taxes, within the context of their respective legal frameworks. They agree
to improve cooperation in this area.

ARTICLE 20
Industrial Policy and SME Cooperation

1.           The Parties, taking into account
their respective economic policies and objectives, agree to promote industrial
policy cooperation in all fields deemed suitable, with a view to improving the
competitiveness of small and medium-sized enterprises (SMEs), inter alia,
through:

–
exchanging information and experiences on
creating framework conditions for SMEs to improve their competitiveness;

–
promoting contacts between economic operators,
encouraging joint investments and establishing joint ventures and information
networks notably through existing horizontal Community programmes, stimulating
in particular transfers of soft and hard technology between partners;

–
facilitating access to finance and markets,
providing information and stimulating innovation exchanging good practice on
access to finance particularly for micro– and small enterprises;

–
Joint research projects in selected industrial
areas and cooperation on standards and conformity assessment procedures and
technical regulations, as mutually agreed.

2.           The Parties shall facilitate and
support the relevant activities established by the private sectors of both
sides.

ARTICLE 21
Information Society

The Parties, recognising that information
and communication technologies are key elements of modern life and of vital
importance to economic and social development, shall endeavour to cooperate,
and such cooperation shall, inter alia, focus on:

(a)          facilitating comprehensive
dialogue on the different aspects of the Information Society, in particular
electronic communications policies and regulation including universal service,
licensing and general authorisations, protection of privacy and personal data,
and the independence and efficiency of the regulatory authority;

(b)          interconnection and interoperability
of Community, Indonesian and Southeast Asian networks and
services;

(c)          standardisation and dissemination
of new information and communications technologies;

(d)          promotion of research cooperation
between the Community and Indonesia in the area of Information and
Communication Technologies;

(e)          joint research projects in the
area of Information and Communication Technologies (ICT);

(f)           security issues/aspects of ICT.

ARTICLE
22
Science and Technology

1.           The Parties agree to cooperate in
the field of science and technology in areas of mutual interest, such as
energy, transport, environment and natural resources and health, taking account
of their respective policies.

2.           The aims of such
cooperation shall be to:

(a)          encourage exchanges of
information and know-how on science and technology, especially on the
implementation of policies and programmes;

(b)          promote enduring relations
between the Parties' scientific communities, research centres, universities and
industry;

(c)          promote human resources training;

(d)          promote other forms of mutually
agreed cooperation.

3.           Cooperation may take the form of
joint research projects and exchanges, meetings and training of scientists
through international mobility schemes, providing for the maximum dissemination
of the results of research.

4.           In this cooperation, the Parties
shall favour the participation of their respective higher education
institutions, research centres and productive sectors, in particular SMEs.

ARTICLE 23
Energy

The Parties endeavour to enhance
cooperation in the energy sector. To this end, the Parties agree to promote
mutually beneficial contacts with a view to:

(a)          diversifying energy supplies in
order to improve security of supply, developing new and renewable forms of
energy, and cooperating on upstream and downstream industrial energy
activities;

(b)          achieving rational use of energy
with contributions from both supply and demand sides and enhancing cooperation
to combat climate change, including through the Clean Development Mechanism of
the Kyoto Protocol;

(c)          fostering the transfer of
technology aimed at sustainable
energy production and use;

(d)          addressing the links between
affordable access to energy and sustainable development.

ARTICLE
24
Transport

1.           The Parties endeavour to
cooperate in all relevant areas of transport policy with a view to improving
the movement of goods and passengers, promoting safety, maritime and aviation
safety and security, human resource development, environmental
protection, and increasing the efficiency of their transport systems.

2.           The forms of cooperation may
include, inter alia:

(a)          exchanges of information on their
respective transport policies and practices, especially regarding urban, rural,
inland water and maritime transport, including their logistics and the
interconnection and interoperability of multimodal transport networks, as well
as the management of road, railways, ports and airports;

(b)          possible utilisation of the
European global satellite navigation system (Galileo), with a focus on issues
of mutual interest;

(c)          a dialogue in the field of air
transport services, aiming at the further development of bilateral relations
between the Parties in areas of mutual interest; including amending certain
elements in existing bilateral Air Services Agreements between Indonesia and
individual Member States in order to bring these into conformity with the
respective laws and regulations of the Parties, and to examine possibilities
for further development of cooperation in the field of air transport;

(d)          a dialogue in the field of
maritime transport services aiming at unrestricted access to the international
maritime markets and trades on a commercial basis, abstention from introducing
cargo sharing clauses, national treatment and MFN clause for vessels operated
by nationals or companies of the other Party and issues related to door-to-door
transport services;

(e)          the implementation of security,
safety and pollution prevention standards and regulations, notably as regards
maritime transport and aviation, in line with the relevant International
Conventions.

ARTICLE
25
Education and Culture

1.           The Parties agree to promote
education and cultural cooperation that duly respects their diversity, in order
to enhance mutual understanding and the knowledge of their
respective cultures.

2.           The Parties endeavour to take
appropriate measures to promote cultural exchanges and carry out joint
initiatives in various cultural spheres including the joint organisation of
cultural events. In this regard, the Parties also agree to continue supporting
the activities of the Asia-Europe Foundation.

3.           The Parties agree to consult and
cooperate in relevant international fora, such as the UNESCO, and to
exchange views on cultural diversity including developments such as the
ratification and the implementation of the UNESCO Convention on the Protection
and Promotion of the Diversity of Cultural Expressions.

4.           The Parties shall furthermore
place emphasis on measures designed to create links between their respective
specialist agencies, to encourage exchanges of information and publications,
know‑how, students, experts and technical resources, to promote ICT in
education, and taking advantage of the facilities offered by Community
programmes in Southeast Asia in the area of education and culture as well as
the experience that both Parties have acquired in this area. Both sides also
agree to promote the implementation of the Erasmus Mundus programme.

ARTICLE
26
Human Rights

1.           The Parties agree to cooperate in
the promotion and protection of human rights.

2.           Such cooperation may include, inter
alia:

(a)          supporting the implementation of
the Indonesian National Plan of Action of Human Rights;

(b)          human rights promotion and
education;

(c)          strengthening of human
rights-related institutions;

3.           The Parties agree that a dialogue
between them on this matter would be beneficial.

ARTICLE 27
Environment and Natural Resources

1.           The Parties agree on the need to
conserve and manage in a sustainable manner natural resources and biological
diversity as a basis for the development of current and future generations.

2.           The outcome of the World Summit
on Sustainable Development as well as the implementation of relevant
multilateral environmental agreements applicable to both Parties shall
be taken into account in all activities undertaken by the Parties under this
Agreement.

3.           The Parties endeavour to continue
their cooperation in the regional programmes on protection of the environment,
specifically as regards:

(a)          environmental awareness and law
enforcement capacity;

(b)          capacity building on climate
change and energy efficiency focused on research and development, monitoring
and analysis of climate change and greenhouse effects, mitigating and
adaptation programs;

(c)          capacity building for
participating in and implementing multilateral environmental agreements,
including biodiversity, biosafety and CITES;

(d)          promoting environmental
technologies, products and services, including capacity building in
environmental management systems and environmental labelling;

(e)          prevention of illegal
transboundary movement of hazardous substances, hazardous wastes and other forms of waste;

(f)           coastal and marine environment,
conservation, pollution, and degradation control;

(g)          local participation in
environmental protection and sustainable development;

(h)          soils and land management;

(i)           taking measures to counter
transboundary haze pollution.

4.         The Parties shall encourage
mutual access to their programmes in this field, in accordance with the
specific terms of such programmes.

ARTICLE 28
Forestry

1.           The Parties agree on the need to
protect, conserve, and manage in a sustainable manner forest resources and
their biological diversity for the benefit of current and future generations.

2.           The Parties endeavour to continue
their cooperation to improve forest and land fire management, combating illegal
logging and its associated trade, forest governance, and the promotion of
sustainable forest management.

3.           The Parties shall develop
cooperation programmes, among others on:

(a)          cooperation via the relevant
international, regional and bilateral fora on promoting the establishment of
legal instruments, dealing with illegal logging and related trade;

(b)          capacity building, research and
development;

(c)          Support for the development of a
sustainable forest sector;

(d)          the development of forest
certification.

ARTICLE
29
Agriculture and Rural Development

The Parties agree to develop cooperation on
agriculture and rural development. Areas of cooperation that can be further
developed among others are:

(a)          agricultural policy and
international and agricultural outlook in general;

(b)          the possibilities for removing
barriers to trade in crops, livestock, and their products;

(c)          development policy in rural
areas;

(d)          quality policy for crops, and
livestock, and Protected Geographical Indications;

(e)          market development and the
promotion of international trade relations;

(f)           development of sustainable
agriculture.

ARTICLE 30
Marine and Fisheries

The Parties shall encourage marine and
fisheries cooperation, at bilateral and multilateral level, particularly in
view of promoting sustainable and responsible marine and fisheries development
and management. Areas of cooperation may include:

(a)          exchange of information;

(b)          supporting sustainable and
responsible long term marine and fisheries policy including conservation and management of coastal and marine resources;

(c)          promoting efforts to prevent and
combat illegal, unreported and unregulated fishing practices and

(d)          market development and capacity
building.

ARTICLE
31
Health

1.           The Parties agree to cooperate in
the health sector in areas of mutual interest, with a view to strengthening
activities in the fields of research, health system management, nutrition,
pharmaceuticals, preventive medicine, major communicable diseases such as Avian
and pandemic influenza, HIV/AIDS, SARS, as well as non-communicable diseases
such as cancer and cardiac diseases, traffic injuries and other health threats,
including drug dependence.

2.           Cooperation shall take place
mainly through:

(a)          exchange of information and
experiences in the abovementioned areas;

(b)          programmes on epidemiology, and
decentralisation, health financing, community empowerment and administration of
health services;

(c)          capacity building through the
technical assistance, development of vocational training programmes;

(d)          programmes to improve health
services, and to support related activities including among others the
reduction of infant and maternal mortality rates.

ARTICLE 32
Statistics

The Parties agree to promote in accordance
with existing activities on statistical cooperation between the Community and
ASEAN, the harmonisation of statistical methods and practice including the
gathering 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 which lends itself to
statistical processing, such as collection, analysis and dissemination.

ARTICLE
33
Personal Data Protection

1.           The Parties agree to engage in
this field, with the mutual aim of improving the level of protection of
personal data bearing in mind best international practice, such as that
contained in the United Nations Guidelines for the Regulation of Computerized
Personal Data Files (UN General Assembly Resolution 45/95 of 14 December 1990).

2.           Cooperation on protection of
personal data may include, inter alia, technical assistance in the form of
exchange of information and expertise taking into account the laws and
regulations of the Parties.

ARTICLE 34
Migration

1.           The Parties
reaffirm the importance of joint efforts in managing
migratory flows between their territories and with a view to
strengthening cooperation, they shall establish a comprehensive dialogue on all
migration-related issues, including illegal
migration, smuggling and trafficking in human beings, as well as the
protection of those in need of international protection.
Migration aspects shall be included in the national strategies for
economic and social development of both Parties. Both Parties agree to respect
humanitarian principles in addressing migratory issues.

2.           Cooperation between the Parties
should be according to a specific needs-assessment conducted in mutual
consultation between the Parties and be implemented in accordance with the
relevant legislation of the Parties in force. The cooperation, inter alia,
will focus on:

(a)          addressing root causes of
migration;

(b)          development and implementation of
national legislation and practices in accordance with relevant international
laws applicable to both Parties and, in particular, to ensure the respect of
the principle of "non-refoulement";

(c)          issues identified as being of
mutual interest in the field of visas, travel documents and border control
management;

(d)          admission rules, as well as the
rights and status of persons admitted, fair treatment and integration of
lawfully residing non-nationals, education and training, measures against
racism and xenophobia;

(e)          technical and human capacity
building;

(f)           the establishment of an
effective and preventive policy against illegal migration, smuggling and
trafficking in human beings, including ways to combat networks of smugglers and
traffickers and protect the victims of such trafficking;

(g)          the return, under humane and
dignified conditions, of persons residing illegally including the promotion of
their voluntary return, and the readmission of such persons in accordance with
paragraph 3.

3.           Within the framework of the
cooperation to prevent and control illegal immigration and without prejudice to
the need for protection of victims of human trafficking, the Parties further
agree to:

(a)          identify their alleged nationals
and readmit any of their nationals illegally present on the territory of a Member State or Indonesia, upon request and without undue delay and further formalities once nationality has been established;

(b)          provide their readmitted nationals
with appropriate identity documents for such purposes.

4.           The Parties, upon request, agree
to negotiate with a view to conclude an
agreement regulating the specific obligations
for the Parties on readmission, including an obligation for the readmission of
their respective nationals and nationals of
other countries. This would also address the issue of stateless persons.

ARTICLE
35
Combating Organised Crime and Corruption

The Parties agree to cooperate and
contribute to the fight against organised, economic and financial crime and
corruption through full compliance with their existing mutual international
obligations in this area including on 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 Combating Illicit Drugs

1.           Within their respective legal
frameworks the Parties shall cooperate to ensure a comprehensive and balanced
approach through effective action and coordination between the competent
authorities including from the health, education, law enforcement
including custom services, social, justice and
interior sectors, legal market regulations, with the aim of reducing to the
greatest extent possible the supply, trafficking and demand of
illicit drugs as well as their impact on drug users and society at large and to
achieve a more effective prevention of diversion of chemical precursors used
for the illicit manufacture of narcotic drugs and psychotropic substances.

2.           The Parties shall agree on means
of cooperation to attain these objectives. Actions shall be based on commonly
agreed principles along the lines of the relevant international conventions,
the Political Declaration and the Special Declaration on the guiding principles
of drug demand reduction, approved by the Twentieth United Nations General
Assembly Special Session on Drugs in June 1998.

3.           The cooperation between the
Parties may comprise exchanges of views on legislative frameworks and best
practices, as well as technical and administrative assistance in the following
areas: prevention and treatment of drug abuse, covering a wide range of
modalities including reduction of harm related to drug abuse; information and
monitoring centres; training of personnel; drug related research; judicial and
police cooperation and the prevention of diversion of chemical precursors used
for the illicit manufacture of narcotic drugs and psychotropic substances. The
Parties may agree to include other areas.

4.           The Parties may cooperate to
promote sustainable alternative development policies aimed at reducing to the
greatest extent possible illicit drugs cultivation, with particular reference
to cannabis.

ARTICLE
37
Cooperation in Combating Money Laundering

1.           The Parties agree on the need to
work towards and to cooperate on preventing the use of their financial systems
to launder the proceeds of all criminal activities such as drug trafficking and
corruption.

2.           Both Parties agree to cooperate
on technical and administrative assistance aimed at the development and
implementation of regulations and the effective functioning of mechanisms to
combat money laundering and financing of terrorism including on recovery of
assets or funds derived from the proceeds of crimes.

3.           The cooperation
shall allow exchanges of relevant information within the framework of
respective legislations and the adoption of appropriate standards to combat
money laundering and financing of terrorism equivalent to those adopted by the
Community and relevant international bodies active in this area,
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, especially academics, in
the dialogue and cooperation process under this agreement and agree to promote
effective dialogue with organised civil society and its effective
participation.

2.           In accordance with democratic
principles and the laws and regulations of each Party, organised
civil society may:

(a)          participate in the policy-making
process at national level;

(b)          be informed of and participate in
consultations on development and cooperation strategies and sectoral policies,
particularly in areas concerning them, including all stages of the development
process;

(c)          manage transparently any financial
resources allocated to them in support of their activities;

(d)          participate in the implementation
of cooperation programmes, including capacity building, in the areas that concern
them.

ARTICLE
39
Cooperation on the Modernisation of the State
and Public Administration

The Parties, based upon specific needs
assessment conducted through mutual consultation, agree to cooperate with a
view to the modernisation of their public administration, inter alia:

(a)          improving organisational
efficiency;

(b)          increasing institutions'
effectiveness in service delivery;

(c)          ensuring transparent management
of public resources and accountability;

(d)          improving the legal and
institutional framework;

(e)          building capacities for policy
design and implementation (public service delivery, budget composition and
execution, anti-corruption);

(f)           reinforcing the judiciary
systems;

(g)          improving law enforcement
mechanisms and agencies.

ARTICLE 40
Means of Cooperation

1.           The Parties agree to make
available the appropriate resources, including financial means, insofar as
their respective resources and regulations allow, in order to fulfil 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 financing criteria and Indonesia's laws and
regulations.

TITLE
VI
INSTITUTIONAL FRAMEWORK
ARTICLE 41
Joint Committee

1.           The Parties agree to establish
under this Agreement a Joint Committee, composed of representatives of both
sides at the highest possible level, whose tasks shall be to:

(a)          ensure the proper functioning and
implementation of this Agreement;

(b)          set priorities in relation to the
aims of this Agreement;

(c)          resolve differences arising in
the application or interpretation of this Agreement;

(d)          make recommendations to the
Parties signatory to this Agreement for promoting the objectives of this Agreement
and, where necessary, for settling any divergence in
the application or interpretation of this Agreement.

2.           The Joint Committee shall
normally meet not less than every two years in Indonesia and Brussels alternately, on a date to be fixed by mutual agreement. Extraordinary meetings of
the Joint Committee may also be convened by agreement between the Parties.
The Joint Committee shall be chaired alternately by each of the Parties. The
agenda for meetings of the Joint Committee shall be determined by agreement
between the Parties.

3.           The Joint Committee may set up
specialised working groups in order to assist it in the performance of its
tasks. These working groups shall make detailed reports of their activities to
the Joint Committee at each of its meetings.

4.           The Parties agree that it shall
also be the task of the Joint Committee to ensure the proper functioning of any
sectoral agreement or protocol concluded or to be concluded between the
Community and Indonesia.

5.           The Joint Committee shall adopt
its own rules of procedure for the application of this Agreement.

TITLE
VII
FINAL PROVISIONS
ARTICLE 42
Future Development Clause

1.           The Parties may by mutual consent
amend, revise, and expand this Agreement with a view to enhancing the level of
cooperation, including through supplementing it by means of agreements or
protocols on specific sectors or activities.

2.           With regard to the implementation
of this Agreement, either of the Parties may put forward suggestions for
widening the scope of cooperation, taking into account the experience gained in
its application.

ARTICLE 43
Other Agreements

1.           Without prejudice to the relevant
provisions of the Treaty establishing the European Community, neither this
Agreement nor action taken hereunder shall in any way affect the powers of the
Member States to undertake bilateral cooperation activities with Indonesia or
to conclude, where appropriate, new partnership and cooperation agreements with
Indonesia.

2.           This Agreement shall not affect
the application or implementation of commitments undertaken by the respective
Parties in relations with third parties.

ARTICLE
44
Settlement Mechanism

1.           Each Party may refer to the Joint
Committee any divergence in the application or interpretation of this Agreement.

2.           The Joint Committee will deal
with the divergence in accordance with Article 41(1)(c) and (d).

3.           If either Party considers that
the other Party has failed to fulfil any of its obligations under this
Agreement it may take appropriate action. Before
doing so, except in cases of special urgency, it shall present to the Joint
Committee all the relevant information required for a thorough examination of
the situation with a view to seeking a solution acceptable to the Parties.

4.           The Parties agree that for the
purpose of the correct interpretation and practical application of this
agreement the term "cases of special urgency" in paragraph 3 means a
case of the material breach of the Agreement by one of the Parties. A material
breach consists in:

(i)           repudiation of the agreement not
sanctioned by the general rules of international law, or

(ii)          violation of an essential
element of the Agreement, as described in Articles 1(1), 3(2) and 35.

5.           In the selection of actions,
priority must be given to those which least disturb the functioning of this
Agreement. These actions shall be notified immediately to the other Party and
shall be the subject of consultations within the Joint Committee if the other
Party so requests.

ARTICLE 45
Facilities

To facilitate cooperation in the framework
of this Agreement, both Parties agree to grant necessary facilities to duly
authorised experts and officials involved in implementing cooperation for the
performance of their functions, in accordance with internal rules and
regulations of both Parties.

ARTICLE
46
Territorial Application

This Agreement shall apply to the territory
in which the Treaty establishing the European Community is applied under the
conditions laid down in that Treaty, on the one hand, and to the territory of Indonesia, on the other.

ARTICLE 47
Definition of the Parties

For the purposes of this Agreement,
"the Parties" shall mean the Community or its Member States or the Community and its Member States, in accordance with their respective powers, on
the one hand, and the Republic of Indonesia, on the other.

ARTICLE 48
Entry into Force and Duration

1.           This Agreement shall enter into
force on the first day of the month following the date on which the last Party
has notified the other of the completion of the legal procedures necessary for
this purpose.

2.           This Agreement is valid for a
period of five years. It shall be automatically extended for further successive
periods of one year, unless either Party notifies the other Party in writing of
its intention not to extend this Agreement six months prior to the end of any
subsequent one-year period.

3.           Any amendments of this Agreement
shall be made by agreement between the Parties. Any amendments shall become
effective only after the latter Party has notified the other that all necessary
formalities have been completed.

4.           This Agreement may be terminated
by one Party by written notice of denunciation given to the other Party. The
termination shall take effect six months after receipt of notification by the
other Party.

ARTICLE
49
Notification

Notification shall be made to the
Secretary-General of the Council of the European Union and the Minister for
Foreign Affairs of the Republic of Indonesia, respectively.

ARTICLE 50
Authentic Text

This Agreement is drawn up in the
Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German,
Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese,
Romanian, Slovene, Spanish, Swedish, Slovak and Indonesian languages, each of
these texts being equally authentic.

Done
in duplicate at ..................... [place] on this ................................... day of [month] in the
year Two Thousand and ...         
FINAL ACT

The Plenipotentiaries of

THE EUROPEAN COMMUNITY, hereinafter
referred to as "the Community"

And

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

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"

of the
one part, and

THE REPUBLIC OF INDONESIA

of the
other part,

meeting at (...) on (...) for the signature of
the Framework Agreement on Comprehensive Partnership and Cooperation between
the European Community and its Member States, of the one part and the Republic of Indonesia, of the other part, have adopted the Framework Agreement on
Comprehensive Partnership and Cooperation.

The plenipotentiaries of the Member States
and the plenipotentiary of the Republic of Indonesia take note of the following
Unilateral Declaration by the European Community:

"The
provisions of the Agreement that fall within the scope of Part III, Title IV of
the Treaty establishing the European Community bind the United Kingdom and
Ireland as separate Contracting Parties, and not as part of the European
Community, until the United Kingdom or Ireland (as the case may be) notifies
the Republic of Indonesia that it has become bound as part of the European
Community in accordance with the Protocol on the position of the
United Kingdom and Ireland annexed to the Treaty on European Union and the
Treaty establishing the European Community. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark."

Done
at (...), on (...)

The European Community || The Republic of Indonesia

[1]               Documents ST 14028 of 21 October 2009, ST 14032 of 21 October 2009 and ST
14032 COR 1.