COUNCIL DECISION 2012/308/CFSP
of 26 April 2012
on the accession of the European Union to the Treaty of Amity and Cooperation in Southeast Asia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 37 in conjunction with Article 31(1) thereof,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 209 and 212 in conjunction with Article 218(6)(a) and Article 218(8), second subparagraph, thereof,
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
(1)
The Treaty of Amity and Cooperation in Southeast Asia (‘the Treaty’) was signed on 24 February 1976 by the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand. Since the date of signature, the following countries have also become signatories of the Treaty: Brunei Darussalam, the Kingdom of Cambodia, the Lao People’s Democratic Republic, Burma/Myanmar, the Socialist Republic of Vietnam, the Independent State of Papua New Guinea, the People’s Republic of China, the Republic of India, Japan, the Islamic Republic of Pakistan, the Republic of Korea, the Russian Federation, New Zealand, Mongolia, the Commonwealth of Australia, the French Republic, the Democratic Republic of East Timor, the People’s Republic of Bangladesh, the Democratic Socialist Republic of Sri Lanka, the Democratic People’s Republic of Korea, the United States of America, the Republic of Turkey and Canada.
(2)
The Treaty aims to promote peace, stability and cooperation in the region. To this end, it calls for the settlement of disputes by peaceful means, the preservation of peace, the prevention of conflicts and the strengthening of security in Southeast Asia. Hence, the rules and principles set out in the Treaty correspond to the objectives of the Union’s common foreign and security polity.
(3)
Furthermore, the Treaty provides for enhancing cooperation in economic, trade, social, technical and scientific fields as well as for the acceleration of economic growth in the region by promoting a greater utilisation of the agriculture and industries of the nations in Southeast Asia, the expansion of their trade and the improvement of their economic infrastructure. Therefore, the Treaty promotes cooperation with the developing countries of that region as well as economic, financial and technical cooperation with countries other than developing countries.
(4)
The Council, at its meeting of 4-5 December 2006, authorised the Presidency and the Commission to negotiate the Union’s and the European Community’s accession to the Treaty.
(5)
By letter dated 7 December 2006, the Union and the European Community informed Cambodia, in its capacity of ASEAN Coordinator for relations with the Union, of its decision to apply for accession to the Treaty subject to the understandings expressed in the letter.
(6)
On 28 May 2009, Thailand, then Chair of ASEAN, declared the consent of all the States in Southeast Asia to the accession to the Treaty by the Union and the European Community, subject to the entry into force of the Third Protocol to the Treaty.
(7)
The Third Protocol to the Treaty, signed on 23 July 2010, provides for the accession of regional organisations to the Treaty.
(8)
The Union should therefore accede to the Treaty following the entry into force of the Third Protocol to the Treaty,
HAS ADOPTED THIS DECISION:
Article 1
The accession of the Union to the Treaty of Amity and Cooperation in Southeast Asia is hereby approved on behalf of the Union.
The texts of the Treaty and its three amending Protocols, as well as the Instrument of Accession to the Treaty by the Union, are attached to this Decision.
Article 2
The Council hereby authorises the High Representative of the Union for Foreign Affairs and Security Policy to sign and deposit the Instrument of Accession to the Treaty on behalf of the Union.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 26 April 2012.