COMMUNICATION FROM THE COMMISSION ON THE INCLUSION OF RESPECT FOR DEMOCRATIC PRINCIPALES AND HUMAN RIGHTS IN AGREEMENTS BETWEEN THE COMMUNITY AND THIRD COUNTRIES
Date: 1995-05-23
Institutions: DG IA – External Relations: Europe and the New Independent States, Common Foreign and Security Policy and External Missions, European Commission
Subjects: agreement (EU), democracy, general legal principle, human rights, rule of law, third country

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

Brussels,  23.05.1995 
COM(95)  216  final 

COMMUNICATION FROM THE  COMMISSION 

m 1BE JN(ll]~ CW RINPIOCT FeR DEMJCRADC PRINCIJ.lUN AND 
HUMAN RIGIIIS IN AGUDtENTS BE'I'WDN 1BE a:NMUNIIY 
AND 11BRD rotJN'IRDN 

IN1ROOUCDON 

A commitment to  respect,  promote and protect human rights and democratic principles 
is  a key  element of the Ewupean Comm1Ulity's relations with third coW1tries. 

These  issues  have  been  gradually  incorporated  into  the  Comm1Ulity's  activities  over  a 
period of time through a series of commitments culminating in the  insertion of explicit 
references to human rights  and democratic principles  in the body of the Union Treaty. 

To help  it meet those commitments the Comm1Ulity has  a broad range of instruments at 
its disposal,  including Union intervention in international forums and specific operations 
aimed  at  bolstering the  rule  of law  and  respect  for  human  rights  in the  context  of the 
Comm1Ulity's  relations  with non-member co1Ultries.  Taking account  of human rights  in 
contractual relations with third countries is one of those instruments. 

It is on this latter instrument that the communication focuses . 

.l - 5 

A.  FOUNDATIONS AND REFFRENCES 

References to human rights in agreements with third countries are based on the positions 
the Community has taken  by: 

subscribing to universal and regional instruments and assuming responsibility for 
promoting the  principles  of democracy,  the  rule  of law  and  respect, for  hmnan 
rights  (paragraph 5 of the preamble to the Single European Act); 

making  respect  for,  and  promotion  of,  these  principles  one  of the  general 
objectives of Community development cooperation policy (Union Treaty, Article 
130U)  and  one  of the  objectives  of the  common  foreign  and  security  policy 
(Union Treaty,  Article Jl (2)); 

defining the  main  components  of a hands-on  strategy  through  its  development 
cooperation policy  and by  inserting clauses on hmnan rights  into  economic  and 
cooperation  agreements  with  third  countries  (Luxembourg  European  Council's 
Declaration on Human Rights,  June  1991,  paragraph  11); 

jointly identifying guidelines appropriate to the different types  of agreement: 

-

-

in  its relations with developing colUltries,  by adopting guidelines,  procedures 
and  practical  measures  and  including  clauses  on  hmnan  rights  in  its 
cooperation  agreements  (paragraph  10  of the  resolution  on  human  rights, 
democracy  and  development  of the  Council  and the  Member  States  meeting 
within the Council,  28 November  1991 ); 
in its relations with CSCE countries, by recognizing democratic principles and 
human  rights  as  an  essential  element  of its  contractual  relations  with  those 
countries  by  incorporating  the  appropriate  provisions  into  the  agreements 
concerned;  these provisions  allow the  Community  to  take  action  in  cases  of 
special urgency, including any failure to meet the obligations deriving from the 
agreement (Council  Declaration of 11  May  1992).1 

These commitments as a whole are consistent with the opinions voiced by Parliament in 
its various human-rights-related initiatives,  including its annual resolutions on the world 
human rights situation. 

6326/92 (Press 71G). 

B. 

EVOUJTION 

The Community's growing commitment to the promotion ofhwnan rights and democratic 
principles  is  reflected  in  the  evolving  nature  of the  references  to  these  issues  in  the 
relevant agreements. 

Initially they were mentioned either not at all or only in passing in the preamble of some 
agreements.  The  frrst  reference  in the body  of a contractual  document was  in Article  5 
of the fourth Lome Convention, concluded in December 1989. In this way the European 
Community  and  its  Member  States  tangibly  demonstrated their  commitment  to  hwnan 
rights  in their relations with third countries.  In the ensuing three years,  this  stance was 
confmned  as  such  references  gradually  began  to  appear  in  cooperation  agreements, 
defining respect for democratic principles and hwnan rights as one of the foundations of 
the parties'  relations. 

However,  Article 5 of Lome IV and similar articles  in other agreements  do not provide 
a clear legal basis to  suspend or denounce agreements  in cases of serious hwnan rights 
violations or intenuptions of democratic process. 

It is  for this reason that a clause defining democratic principles and hwnan rights  as  an 
"essential element"  of the agreements with Brazil, the Andean Pact countries, the Baltic 
States and Albania was  introduced in  1992 (see Annex  1-1). 

This  is  a substantial  innovation,  in that: 

it  makes  hwnan  rights  the  subject  of common  interest,  part  of the  dialogue 
between  the  parties  and  an  instrument  for  the  implementation  of  positive 
measures,  on a par with the other key provisions; 

it enables the parties, where necessary, to take restrictive measures  in proportion 
to the  gravity of the offence (see Annex 2).  In the spirit of a positive approach, 
it is important that such measures should not only be based on objective and fair 
criteria, but they should also be adapted to the variety of situations that can arise, 
the aim being to keep a dialogue  going; 
In  the  selection  and  implementation  of these  measures  it  is  crucial  that  the 
population should not be penalized for the behaviour of its government; 

7 

it allows the parties to regard serious and persistent human rights violations and 
serious  intenuptions  of  democratic  process  as  a  "material  breach"  of  the 
agreement  in  line  with  the  Vienna  Convention, 2  constituting  grounds  for 
suspending the application of the agreement  in whole or in part  in  iine with the 
procedural  conditions  laid  down  in  Article  65.3  The  main  conditiqn  involves 
allowing a period of three months  between notification and  suspension  proper, 
except  in  "cases  of special  urgency",  plus  an  additional  period  of grace  if an 
amicable solution is  being sought. 

In application of a General Affairs Cotu1cil declaration,  since May  1992 all  agreements 
concluded  with  CSCE  cotu1tries  include  an  innovative  provision  in  addition  to  the 
"essential element"  clause. 

This  additional  clause  (see  Annex  1-2)  provides  for  an  immediate  response,  diverging 
from the procedure laid down in Article 65 of the Vienna Convention. It takes one of two 
fonns: 

an explicit suspension clause authorizing the suspension of the application of the 
agreement in whole or in part "with immediate effect"  in cases of serious breach 
of essential provisions;  this,  so-called "Baltic clause"  was  used  only  in the  frrst 
agreements with the Baltic States, Albania and Slovenia;  or 

a general  non-execution clause known as the "Bulgarian clause"  which provides 
for  appropriate  measures  should  the  parties  fail  to  meet  their  obligations, 
following  a  consultation  procedure  "except  in  cases  of special  urgency";  this 
clause  was  used  in  the  agreements  with  Romania,  Bulgaria,  the  Russian 
Federation,  Ukraine,  Kyrgyzstan,  Moldavia,  the  Czech  Republic,  Slovakia, 
Kazakhstan and Belarus. 

The difference between the two fonnulas resides in the degree of sensitivity allowed for. 
The "Baltic clause"  is more severe in that it provides only for extreme cases warranting 
immediate suspension without consultation of any kind.  The "Bulgarian clause" not only 
provides for a conciliation procedure and a range of different options but is also designed 
to keep the agreement operational wherever possible. It asserts that immediate suspension 
should be envisaged only in cases of special urgency. 

2 

3 

Vienna Convention, Article 60(3): "A material breach of a treaty, for the purposes 
of this Article,  consists  in: 
(a) a repudiation of the treaty not sanctioned by the present Convention;  or 
(b) the violation of a provision essential to the accOmplishment  of the objective 
or purpose of the treaty." 
Vienna Convention, Article 60(1):  "A material breach of a bilateral treaty by one 
of the  parties  entitles  the  other  party  to  invoke  the  breach  as  a  ground  for 
tenninating the treaty or suspending its operation in whole or in part." 

8 

In January  1993,  in  response  to  the  disparate  nature  of the  references  in  the  relevant 
agreements, the Commission, detennined to adopt a non-discriminatory approach, drafted 
guidelines  on  these  issues  (Decision  of 26  January  1993,  MIN  (93)1137,  point  XIV), 
stipulating  that  draft  negotiating  directives  for  association  agreements  and  economic 
cooperation agreements should incorporate the following: 

(a)  in the body of the agreement: 

a  clause  specifying  that  relations  between  the  Community  and  the  COlllltry 
concerned and all provisions  of the relevant agreement are based on respect for 
the  democratic  principles  and  human  rights  which  inspire  the  domestic  and 
external  policies  of the  Community  and  the  colllltry  concerned  and  which 
constitute essential elements of the agreement; 

(b) in the preamije: 

general references to respect for human rights and democratic values; 

references· to the universal and/or regional instruments common to both parties. 

An  explicit  suspension  clause  or  a general  non-execution  clause  may  be  included  in 
specific cases. 

The main points of these guidelines featured  in a letter from :Mr Van den Broek to the 
Council,  Parliament and the Member States. 

9 

Although the Commission guidelines have been respected, the objective of a systematic 
approach has not yet been achieved 

As  regards  the  preamble,  the  practice  of using  different  references  depending  on  the 
regional location of the party concerned, when not supplemented by universal references, 
can appear to contradict the principle of lmiversality; references to the market economy 
in  agreements  with  OSCE  eow1tries  create  a  different  perspective  having  no  direct 
connection with hwnan rights,  a fact that could be prejudicial to the aim of consistency. 

References to human rights and/or democratic principles as an essential element, although 
systematically included in all recent agreements of a general nature, 5 have been positioned 
differently  (Article  I,  Article  6,  etc.)  depending  on  whether  or  not  the  agreements  in 
question provide for political dialogue,  and also supplemented with other references. 

The "Baltic" clause was last used in October 1992, since when the preferred fonnula has 
been  the  "Bulgarian"  clause,  in  some  cases  supplemented  by  one  of two  types  of 
interpretative declaration (see Annex  1-3): 

joint declarations (Annex  l-4.i) in which the parties agree that a "case of special 
urgency" means a material breach of the agreement, i.e . the breach of an essential 
element of the agreement or repudiation of the agreement not sanctioned by the 
general rules  of international  law; 

unilateral  declarations by the  Coil1IIll)Ility (e.g.  the agreement  concluded  in July 
1993  with the Czech Republic,  Annex  1-3.i) that subsequently became bilateral 
declamt.ions (for the first time in the agreement signed with Russia in June  1994, 
Annex 1-3.ii); these declarations  emphasize the inclusion in the agreement of the 
"essential element" clause and the reference to "cases of special urgency" resulting 
from the Council Declaration of 11  May  1992 on the Community's relations with 
its CSCE partners; 

4 

5 

See table  in Annex 3 showing different types  of references to human rights  and 
democratic principles in the Community's agreements with third countries. 
In  the  case  of Turkey,  a  Decision  of the  Association  Council  of 6  March 
implemented the additional protocol to the association agreement of 1963, which 
entered ·into  force  in  January  1973,  and  which  provides  for  the  creation  of a 
customs Wlion between the two parties within 22 years. 

10 

in  the  case  of the  partnership  and  cooperation  agreement  with  Russia,  a joint 
declaration  (Annex  1.4.ii)  in  which  the  parties  agree  that  the  "appropriate 
measures"  referred  to  in  the  non-execution  clause  mean  measures  taken  in 
accordance  with  international  law,  and  that  when  one  party  takes  measures  in 
cases  of special  urgency,  the  other  may  avail  itself of the  dispute  settlement 
procedure. 

The use of two different formulas (the "Baltic" and "Bulgarian" clauses) in the same part 
of the world could be  intetpreted as  a discriminatocy prnctice,  putting the Commission 
in  a difficult position  in  its  negotiations  with third  cotmtries.  There  is  also  a growing 
tendency  to  regain  the  margin  of flexibility  lost  in the  clauses  themselves  through  an 
increasingly varied range of interpretative declarations. 

Nevertheless,  the innovative use of specific clauses in the main body of the agreements 
concluded with  third  cotmtries places the European  Commtmity  in the vanguard  of the 
international commtmity's endeavours in this field and highlights the parallel importance 
of adopting a positive approach. 

This  impact of this initiative has been positive in a number of ways: 

(a) 

(b) 

(c) 

the  additional  clause  initially  intended  for  the  OSCE  cotmtries  has,  at  the 
Council's behest, gradually been applied to other geographical areas, e.g. the Lome 
IV review,  Morocco and Tunisia,  South Korea and Nepal. 

enshrining hwnan rights as an essential element of the Commtmity's relations with 
third cotmtries enhances cooperation and improves the visibility of its initiatives, 
many of which are en1rusted to specialist organizations, such as the reinforcement 
of the rule of law,  the consolidation of the  legal system,  support for freedom  of 
expression,  the defence ofwlnerable groups and support for the  grassroots. 

it has introduced a range of restrictive measures (see Annex 2) that is sufficiently 
broad to enable the parties to respond in a manner appropriate to the  gravity of 
the case in question; to date,  none of the agreements with an "essential element" 
clause, with or without an additional clause, has had to be suspended in any way. 

11 

The concern expressed by the European Parliameot' and the CounciF with regard to the 
issue of human rights and the Community's corii'actual relations with third countries and 
the experieBce acquired in this area would suggest 1hat there  is  a need for  a number of 
initiatives  to  improve  the  consistency,  transpaRncy  and  visibility  of the  Community 
approach  and to make  greater  allowance  for  the  sensitivity  of third  countries  and  the 
principle of DlJil-disaimirm. 

The following a:nc1usions set out the basic references to human rights  and democratic 
principles. They pvvide for fie ~ medmuism: 

In all new dtd negotiating directives for COlDitDtlity agreements with third parties, the 
following should he included: 

(a)  in die .- 1 'e: 

-

-

gencm1 aeiaaKa to human rights and 4cmocratic values;8 

refcrmocs to unMua1 and Jqjoaal iDstmments common to both parties; 

(b)  intbellratlllfAe: ... •lit 

1.  lnscdDl of m  Atiiole  X,· dofimiog  the  .essential  elements,  to  be  adapted 
~ m cimumstances  (e.g.  OSCE  membership,  market  economic 
priDCPies,  etc.): 

6 

7 

8 

Most  recently  in  the  Resolution  of 12  April  1995  on  the  world  human  rights 
situation  in  1993/94  and  the  Union's  hwnan  rights  policy  (Rapporteur,  Mr 
Imbeni):  paragraphs 47,  62-65. 
This  question  was  discussed  in  two  meetings  of the  External  Relations  Group 
(13  March  and  24  April  1995),  and  was  the  only  item  on  the  agenda  of the 
COREPER meeting of 27 April. 

·The recitals  could  also  mention  the  rule  of law  and  good  governance  and  the 
Vienna human rights conference of Jl.Ule  1993. 

12 

"Respect  for  the  democrrtic  principles  and  fundamental  hwnan  rights 
established by [the  Universal Declaration of Hwnan Rights}/[the Helsinki Final 
A et  and the  C'harter  of Paris for a New  Europe]  inspires  the  domestic  and 
external policies of the Community and of [lhe country or group qf countries 
concerned] and constitutes an essential element of this agreement. " 

The same applies to the principles of market economy  as  they  are defmed  in 
the CSCE Bonn conference document on economic cooperation.9 

2.  Insertion of an  Article Y on non-execution: 

" If either Party considers that the other Party has failed to fulfil an obligction 
under this Agreement,  it may  take  appropricte  measures.  Before so doing, 
except in  cases  of specid urgency,  it shdl supply  the Associction Council 
with  dl relevant  infonnction  required for a thorough  examination  of the 
situation with a view to seeking a solution a:ceptable  to  the Paties. 

In  the  selection  of measures,  priority  must  be  given  to  those  which  least 
disturb the fW1Ctioning of this Agreement.  These measures shdl be notified 
immediately  to  the  Association  CoWlCil  and  shall  be  the  subject  of 
consultctions within the A ssociction CoWlCil if the other Parly so requests." 

3.  Insertion of interpretative declarations on Article Y: 

"(a)  The  Parlies  cgree,  for  the  purpose  of the  correct  interpretction  and 
pra:ticd  application  of this  Agreement,  that  the  tenn  "cases  of special 
urgency" in A rlicle  Y  means a case  of the  mcterial brea:h of the Agreement 
by one of the Parlies.  A  material brea:h of the Agreement consists in: 

(i)  repudiation  of the  Agreement  not  sanctioned  by  the  general  rules  of 
intemationallaw; 
or 
(ii)  violction of essentid elements of the Agreement,  namely  its A rlicle X. 

(b)  The patties cgree  that the  "appropricte  measures" referred to  in A rlicle  Y 
are  measures  tdcen  in  a:cordance  with  intemational  law.  If a JX1I1Y  tdces  a 
measure in a case of special urgency as provided for under Arlicle Y,  the other 
JX1I1Y  may avail itself of the procedure relcting to settlement of disputes. " 

In  the Commission's opinion the application of this  mechanism comes within the ambit 
of respect for the principle of proportionality between the breach cited and the degree of 
reaction.  Use  of the  concept  "special  urgency"  opens  an  option  without  creating  an 
obligation and  it  is in this context that it  is  for the parties to  gauge what measures they 
should take. 

This  may  entail  building  on  the  standard  provisions  on  hwnan  rights  and  democratic 
principles  to  strengthen  or  clarifY  the  nature  of the  commitments  involved,  without 

9  This provision applies to all OSCE participants, and to other COWltries at the discretion 

of the Council. 

13 

altering  the  legal  scope  of the  text.  The  wording  given  for  Article  X should  featur 
among the  first articles of the  "General principles"  title,  and  it should not be altered ( 
diluted by  inclusion in a more  general provision. 

· 

This CoiDIIlUilication will be be addressed to the Comcil and to Parliament. 

ANNEXl 

Standari wording for clauses on human rights 
and the relevant intepretalive declarations 

1.  Essential element clatme 

Article X:  [General principles or General/Political Dialogue] 

''Respect for the democratic principles and hUIIIUl righfs established by [the Helsinki 
Final Act and the  Outer of Paris  for a New Europe]  [• well  •  the  principles  of 
market economy]  [• defmed at the Bono <:NCE conference]  i.mpires  the  dolnestic 
and  external  policies  of the  Onnmunity  and  of [tbird  countty]  and  comtitute  an 
essential element of tbis agreement'' 

2.  Complexnentazy  clause 

Article Y: 
(a) explicit suspension or "Baltic"  clause 

''lbe parties  reserve  the  right to  smpend tbis  Agreement in whole  or in part with 
immediate effect if a seriom breach of its essential pmvisiom occtus'' 

(b) general non-execution or "Bulgarian"  clause 

'1f either Party comiders that the other Party la failed to fulfd  an obligation under 
tbis Agreement,  it may take awropriate ~ores. Before so doing,  except in ~es 
of  special  mgency,  it  shall  soppy  the  Association  ColDlCil  with  all  relevant 
information  required  for a thorough  examination  of the  situation  with  a view  to 
seeking a solution accepblble to the Parties. 

In the selection of measures, priority nut be given to those wbich le.t disturb the 
functioning of tbis Agreement. These  ~ores sball be ootified immediately to the 
Association ColDICil and sball be the s.qect of consultations widlin the Association 
Council if the other Party so reques1s. '' 

IS 

3.  General  intet:pret.ative declarations 

i.  Unilateral declandion by the European CoDJDRmity (agreement with the CZec 

ReputBc, .iJiy 1993) 

"The reference to the respect  for human rights  as  an essential  element of th 
Agreement  and  to  the  cases  of special  urgency  has  been  included  in  tb 
Agreement as a result of the policy followed by the Commmrity in the area ll 
human  rights  pursuant  to  the  Council  Declaration  of 11  May 1992  whid 
foresees such reference in the Cooperation or Association Agreements betwea 
the Community and its partners in the Conference on Serurity and Coopelatior 
.  Europe" 
. 
m 

ii. 

.l»int declaration (agree...a wUb the Rmsian Fedemtion, .ble 1994) 

''The  Parties  declare  dd the inclmion in the  Agreement of the  refereDce  fl 
respect for hiiiDID  righfs  comtituting an essential  element of the  Agreemen 
and to the cases  of special  mgency flows  from 
* the Comnmnity's policy in the area of hmnan riglds, in confotmny widt tb 
Declamtion of the ColDlCil of 11  :May  1992 wbich provides  for the inclmiot 
of  this  reference  in  cooperation  or  ~ociation agreements  between  tb 
Community and its  (S(E putneJS,  ~ well  ~ 
* Rmsia's policy in this  field and 
* the attachment of both Parties to the relevant obligatiom, arising in particula 
from the Helsinki  Final Ad and the Omter of Paris for a New Europe." 

4. 

lntet:pret.atiye declarations accompanying a general  noo-execution clause 

i.  S1andanl joint declaration 

"  The Parties agree, for the pmpose of the coned interpefation and practical ~icatio1 
of this Agreement, that the temt 'bises of special mgency" in Article Y meam a ~e o 
the ~ te.:h of the  Agreement  by one  of the  Parties.  A  material  te.:h of the 
Agreement consists  in: 

(i) repdation of dle agreement DOt sanctioDed by the general rules of intemations 
law; 
or 
(ii) violation of essential eleDJellis  of the Agreement,  namely its  Article X. 

ii. Joint dedaration (agreement with the Rmsian Fedemdon, ~ 1994) 

''lbe pries agree dmt tbe ·~ JDeJBures" refened to in Article Y are  ~Oft 
taken in accordance witll Dematicmallaw. If a puty 1akes a measure in a a .  of speci~ 
mgency •  povided for under Adicle Y, the other puty DIY avail itself of tbe pmcedui 
relating to sellellleDt of clspae&" 

16 

ANNEX2 

Summary of measures that may be taken in response to serious hwnan rights violations 
or serious intenuptions of democratic process: 

-
-
-

-
-
-
-
-

alteration of the contents of cooperation programmes or the channels used 
reduction of cultural, scientific and technical cooperation programmes 
postponement of a Joint Committee meeting 
suspension of high-level bilateral contacts 
postponement of new projects 
refusal to follow up partner's initiatives 
trade embargoes 
suspension of anns sales, suspension of military cooperation 
suspension of cooperation 

•• 

• . 

A  N  I  E  X  E  :·  3. 

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ftl 
~  rP 

Moyea Orieat A  --
Caaseilde 
lcoopeiadoa poar les 
Elm arahcs du 
Oolfe5 
ALGERJE 
EGYPT! 
JORDAME 

... 

• 

15.08.88  JOU411989 

·. 
- 28.04.78  JOL.28311878 
18.01.77  J0t..28811878 
18.01.77  JOL.28811978 

IJBAN 

SYR.lE 
niNISIE 

-

03.08.77  JOL26711978 
27.04.78 JOL 2tW1978 
18.01.77  JOL28911978 
paracna le 12.4.9! 
2e.04.78  J01...26e/1978 

CooperaUon 

Coaperatlon 
CoopGdon 
EccxiGI'fique et 
. c:ornmen:ial 
C4ot*atkm 
eoooerauon 
eooperaucn 
Aslodatton 
Cooperation 

E tats pard~ts OSCE 
AL.SANIE 

26.10.92  JOL40311992  CQmmerce.coopetarion 

c:crnmerdaJe et 
bnomic:rue 
Panenanat et 
coo aeration 
Association 

signa le 6.03.95 

signe le 8.03.93 
JOL.358119~ 
31.12.94  JOL.37311995 
21.12.92  JOL40311992  Commerce, Cooperation 

Wbre ecnange 

commerciale et  ~ 

. 
Aaaddcn  . 
Associdan 

Qaracne le 12.4.9! 
sign8 le 18.12.9:1 
JOL.~711993 

28.09.88  JOL-32711988.  eornrn,n:e.coopfntion 

SELARUS 

BULGA.RIE 

ESTONIE 

ETATS BALT!S 
HONOIUE 

- K.AZAKHSTAN 

23.01.94  JOL.31911984 

KIRGHIST~ 

01.08.94  JOL.31911984 

L£TTONIE 

I 

LlTHUANIE 

MOLOAVIE 

POLOONE 

·- -· 

31.12.94 JOL. 37~19&e 
21.12.92  JOL.40311982  CCIIIUIWce. coopinltion 

31 .12-.SM  JOL.37!119&5 
21.12.94  JOlA031'1892  Ccl'llriiiCe. coopintlon 

. 
COft'IIMidale et 
. L.ltn tc:nMge 

slgnele 28 novemtn 
·1994 
...... 1.18.12.91 
JOL.34811993 

19.09.89  JOL.33811988  CGmrnllei.CCIQI*du11 

COftliiNic::iale et 
. 
P...-.er 
.  .. 
PatteMiiat et 
" 

Ubre ectlange 

. 

. 
cammen::blle et 
Partenariat et 
c:aoolldon 
CorriMrceet 

. . 
ccxmwcflle et 
. 
·  Alia  Ill' m 

llEPtJBUQUE 
l&~tJB 

18.12.94  JOL.36011984 

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Etm pardclJEOOfZ osc (~J'idto) 
ROUMAHIE 

:=19.1~~SG J0~/1984 
04.0331  JOL.7911991  Cooperadon 

Aa1IIO ciaion 

RUSSIE 

.. 

I 

SLOVAQUIE 
SLOVEME 
UKRAlNE 

'· 

~ Je 24.06.94 

19.12.94  JOL3SJI1984 
2.0.01.93  JOL.18911993 
Signe Je 14.08.94 

.• C.aomique 

Pattenariat et 
cooaerallon 
Assodation 
Cooperation 
Partenatiat et 
coooeratfan 

At.u 

At.D 

A1 

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1 Sa8vw. eototiuie. Equataur, Pemcr. venezue~a 
z Costa Rica. El SaNadat. ~ Honduras. Nlc:ar.agua. Panama 
'Argentine. S*i. Paraguay, Uruguay 
•  lndOnesie.Malailie, PtliUppina. Singapour, lbanande, Slunei 
1  Emirats AraDes Unis, Batnin, Araaie Saoudlle. Oman, Qacar. Kaweit 

•  Lea retaelons de c:oo~ et toutes 1es dispositions• de ·c:es  ac:carc1S  se fandent sur le respect des prindpes 

~ues et dM draits de l'homme qui inspintnt lee poltlques imemes et intemattonates 
tant de la Communaut6 que de ·-• 

•  La retatlonS de c:aoper.dan de mtrne que tDutea les dilpaUiana se fondent sur le respect des 
· 

prirJdpes d*nocrlaQues et da droits de l'tlanme qui lnspiwnt,.. poldques intlllna et 
inrllmatlona._  et qui cansdtuent un el6rMnt eiRIIdel de ces ac:cardS. • 

•  SI une P8ICfe c:ansidn que raun rta ~ IWIIPI rune .des at~~gat~a~rs que lui irnpa8e 1e pre.ent accaca. 
elepeutPIWidN des,.._...~ 11 dol. sautttn cas ~ ~. 
f'l:auriW au CDftleil ctaa1111 '1111 1:11  toca~•lubu..,.• Pll'lfMI• nec:eaana l  un aamen 
~aafoncl de la duatlon .. we de~ ... taauc1an wx..-a. par fee ,_...... 

•  c.daratlan annexe. * rac:card : -i.- parties canviennent. aux ftnl de ~ CCifl'lld8 et 
de f81'Piicadon pratique de raccard. que 1e1..,.. • c:u ~urgent~' ffgur8nt dans tartfde... 
slgnilllnt 1es c:aa de Yialldlan SUbltlndllle de raa:acd s-l'une des deux parties. une vtaldon 
aubstlntlelle de raccard cansiltB: 
a) dana le rajet de raccard nan SIIICtlann6 par ... Ngles ~ du droit~ 
ou 
b). dans 1a viatdon ciea. ~_.....de r8Ceald ,_..elMs ranlc:IL.'* 

• 

.... 

l.O 

.  - = ... ~':· 

.  · .. 

: ..  : .  .. 

·~  . 

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. . 

References to human rigiD and democmtic principles 
in Community agreemel8 with third countries 
KEY 

A. Regional European framework 

1.  The provisions and principles of the following should be fully  implemented: 

(a)  the Conference on Security and Cooperation in Europe (CSCE) 
(b)  the Helsinki Final Act, the concluding documents of the Madrid and Vienna conferences 
(c)  the closing docmnent of the Copenhagen meeting 
(d)  the Charter of Paris for a New Europe, particularly in respect of the rule of law, democracy 

and human rights (November  1990) 

(e)  the Bonn CSCE conference docwnent on economic cooperation 
2.  Recognizing the importance of guaranteeing ethnic and national  minority rights 

(a)  in line with the commitments entered into in the context of the CSCE 
(b)  and of establishing a system based on pluralism and free and democratic elections 
3.  A ware of the importance of strengthening their democratic  institutions and supporting the 

economic reform process 

4.  Reference to the European Convention on the Protection of Human Rights and F\llldamenta.l 

Freedoms 

B.  Att«hnk!tt to the principles of the  United N«ions Chatter 

to democratic values and respect for human rights 

1. 
2.  and wishing to express their mutual desire to maintain and strengthen their friendly relations 

on the basis of those principles 

C  Att«hnk!tt to the principles of eqldity, freedom and jwice 

1.  and asserting their shared wish to help initiate a new phase of economic cooperation  and to 
facilitate the development of their respective human and material resources on the basis of 
those principles 

2.  and  asserting their  shared wish to  promote  the  development  of their human and  physical 

resources  in a context of freedom  equality and justice 

3.  and emphasizing their shared attachment to the promotion of international economic relations 

based on freedom,  equality, justice and progress 

D.  Other references 

1.  welcoming the transformation of the country into a democratic and multiracial society and 

2. 

3. 

the  importance attached to human rights 
recognizing that in the wake of recent political developments the CO\llltry wishes to stabilize 
and consolidate democracy and promote economic and social progress 
the importance attached by the parties to respect for the human rights, democratic principles 
and economic freedom that underpin this agreement 

4.  attachment to democratic values and respect for hmnan rights 
5.  whereas the  main beneficiary of cooperation is  man,  and these  rights  should therefore  be 

promoted 

· 

2./J