Proposal for a Council Decision on the signing on behalf of the European Community and provisional application of the Framework Agreement between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part
Date: 2009-11-18
Institutions: European Commission
Subjects: South Korea, agreement (EU), economic policy, environmental policy, human rights, social policy

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.11.2009 
COM(2009) 631 final 

2009/0175 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the signing on behalf of the European Community and provisional application of the 
Framework Agreement between the European Community and its Member States, of 
the one part, and the Republic of Korea, of the other part 

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EXPLANATORY MEMORANDUM 

Acting on a recommendation from the Commission (December 2007), the Council authorised 
the  Commission  to  negotiate  a  new  Framework  Agreement  with  the  Republic  of  Korea 
(hereinafter ’Korea’) in May 2008. Korea is increasingly active on the international scene as a 
like-minded country committed to human rights, free markets and multilateralism. Next to a 
thriving  trade  and  investment  relationship,  cooperation  is  also  expanding  in  areas  such  as 
science  and  technology,  education,  climate  change  and  development  assistance.  Political 
dialogue  has  also  deepened  in  recent  years,  particularly  (but  not  exclusively)  focused  on 
North Korea. This new Framework Agreement, negotiated in parallel with a comprehensive 
Free  Trade  Agreement  (FTA),  will  establish  a  fully  coherent  modernised  framework  for 
bilateral relations. Following successful negotiations, the negotiators initialled the Framework 
Agreement on 14 October 2009.  

The Framework Agreement forms the contractual basis for our relationship with Korea and is 
underpinned by a broad set of common principles and shared values. Its objective is to offer 
Korea  a  broad  basis  for  cooperation  with  the  EU,  including  on  major  political  and  global 
issues. It includes modern and comprehensive provisions on economic cooperation. It allows 
for cooperation in the field of justice, freedom and security (e.g. combating organised crime 
and corruption, drugs and money laundering, migration, protection of personal data, etc.) as 
well as on good governance in the field of taxation. It introduces a basis for working together 
on  global  issues  such  as:  climate  change;  security  of  energy  supply;  approaches  to  labour 
issues,  education  and  other  issues  relating  to  structural  change  in  the  world  economy; 
proliferation  of  weapons  of  mass  destruction;  terrorism;  and  a  shared  understanding  on  the 
need to prosecute the most serious crimes of concern to the international community. It also 
clarifies  the  relationship  between,  on  the  one  hand,  the  Framework  Agreement  and,  on  the 
other hand, specific sectoral agreements (both existing and future), including the FTA. Such 
agreements are considered to form “an integral part of overall bilateral relations as governed 
by [the Framework-Agreement]” and to “form part of a common institutional framework”.  

The Framework Agreement will be the first contractual instrument of its kind concluded by 
the  EU  with  a  developed  country.  When  in  force,  the  Framework  Agreement  will  form  the 
basis  for  a  Strategic  Partnership  with  Korea,  in  line  with  the  outcome  of  the  4th  EU-Korea 
Summit held in Seoul on 23 May 2009. 

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2009/0175 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the signing on behalf of the European Community and provisional application of the 
Framework Agreement between the European Community and its Member States, of 
the one part, and the Republic of Korea, of the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
133, 181a in conjunction with 300(2) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

On  7  May  2008,  the  Council  authorised  the  Commission  to  negotiate  a  Framework 
Agreement, hereinafter referred to as ’the Agreement’, with the Republic of Korea  

Subject to its possible conclusion at a later date, the Agreement should be signed and 
provisionally applied, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The signing of the Framework Agreement between the European Community and its Member 
States,  of  the  one  part,  and  the  Republic  of  Korea,  of  the  other  part,  is  hereby  approved  on 
behalf  of  the  Community,  subject  to  the  Council  Decision  concerning  the  conclusion  of  the 
said Agreement. 

The text of the Agreement is attached to this Decision. 

Article 2 

Pending  the  completion  of  the  necessary  procedures  for  its  entry  into  force,  the  Agreement 
shall be applied on a provisional basis. The provisional application begins on the first day of 
the first month following the date on which parties have notified each other of the completion 
of the necessary procedures for provisional application. 

1 

OJ C […], […], p. […]. 

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Article 3 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Agreement on behalf of the Community.  

Done at Brussels, […] 

For the Council 
The President 
[…] 

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ANNEX  

FRAMEWORK AGREEMENT 

Between the European Community and its Member States, on the one part, and 

the Republic of Korea, on 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, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

IRELAND, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

THE REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

ROMANIA, 

THE REPUBLIC OF SLOVENIA, 

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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’, 

On the one part, and 

THE REPUBLIC OF KOREA, 

On the other part, 

Hereinafter jointly referred to as ‘the Parties’, 

CONSIDERING their traditional links of friendship and the historical, political and economic 
ties which unite them; 

RECALLING  the  Framework  Agreement  for  Trade  and  Cooperation  between  the  European 
Community and its Member States, on the one hand, and the Republic of Korea, on the other 
hand, signed in Luxembourg on 28 October 1996 and entered into force on 1 April 2001; 

MINDFUL  of  the  accelerated  process  whereby  the  European  Union  is  acquiring  its  own 
identity in foreign policy and in the field of security and justice; 

CONSCIOUS of the growing role and responsibility assumed by the Republic of Korea in the 
international community; 

STRESSING the comprehensive nature of their relationship and the importance of continuous 
efforts to maintain overall coherence; 

CONFIRMING their desire to maintain and develop their regular political dialogue, which is 
based on shared values and aspirations; 

EXPRESSING  their  common  will  to  elevate  their  relations  into  a  strengthened  partnership 
including in the political, economic, social and cultural fields; 

DETERMINED  in  this  regard  to  consolidate,  deepen  and  diversify  relations  in  areas  of 
mutual interest, at the bilateral, regional and global levels and on the basis of equality, respect 
of sovereignty, non-discrimination and mutual benefit; 

REAFFIRMING  the strong  attachment  of  the  Parties  to  democratic  principles  and  human 

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rights  as  laid  down  in  the  Universal  Declaration  of  Human  Rights  and  other  relevant 
international human rights instruments as well as to the principles of the rule of law and good 
governance; 

REAFFIRMING  their  determination  to  fight  against  serious  crimes  of  international  concern 
and their conviction that the effective prosecution of the most serious crimes of international 
concern  must  be  ensured  by  taking  measures  at  a  national  level  and  by  enhancing  global 
collaboration; 

CONSIDERING  that  terrorism  is  a  threat  to  global  security  and  wishing  to  intensify  their 
dialogue  and  cooperation  in  the  fight  against  terrorism,  in  accordance  with  relevant 
international  instruments,  in  particular  Resolution  1373  of  the  United  Nations  Security 
Council, and reaffirming respect for human rights and the rule of law to be the fundamental 
basis of the fight against terrorism; 

SHARING the view that the proliferation of weapons of mass destruction (WMD) and their 
means of delivery pose a major threat to international security, recognising the commitment 
of the international community to fight against such proliferation as expressed in the adoption 
of relevant international conventions and Resolutions of the United Nations Security Council, 
in particular Resolution 1540, and wishing to strengthen their dialogue and cooperation in this 
area; 

RECOGNISING  the  need  for  enhanced  cooperation  in  the  field  of  justice,  freedom  and 
security; 

RECALLING in this regard that 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 
Korea 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,  and  that  the  same 
applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position 
of Denmark; 

RECOGNISING their desire to promote sustainable development in its economic, social and 
environmental dimensions; 

EXPRESSING  their  commitment  to  ensuring  a  high  level  of  environmental  protection  and 
their determination to cooperate in combating climate change; 

RECALLING  their  support  for  a  fair  globalisation  and  for  the  goals  of  full  and  productive 
employment as well as decent work for all; 

RECOGNISING that trade and  investment flows have thrived between the Parties based on 
the global rules-based trading system under the auspices of the World Trade Organization; 

DESIROUS  OF  securing  the  conditions  for  and  promoting  the  sustainable  increase  and 
development of trade and investment between the Parties to their mutual advantage, inter alia 
by establishing a free trade area; 

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CONCURRING  on  the  need  to  exert  collective  efforts  to  respond  to  global  issues  such  as 
terrorism,  serious  crimes  of  international  concern,  the  proliferation  of  weapons  of  mass 
destruction  and  their  means  of  delivery,  climate  change,  energy  and  resources  insecurity, 
poverty and financial crisis; 

DETERMINED  to  strengthen  cooperation  in  sectors  of  mutual  interest,  notably  promoting 
democratic principles and respect for human rights, countering the proliferation of weapons of 
mass  destruction;  combating  illicit  trade  of  small  arms  and  light  weapons;  taking  measures 
against  the  most  serious  crimes  of  concern  to  the  international  community;  combating 
terrorism;  cooperation  in  regional  and  international  organisations;  trade  and  investment; 
economic  policy  dialogue;  business  cooperation;  taxation;  customs;  competition  policy; 
information  society;  science  and  technology;  energy;  transport;  maritime  transport  policy; 
consumer policy; health; employment and social affairs; environment and natural resources; 
climate  change;  agriculture,  rural  development  and  forestry;  marine  and  fisheries; 
development  assistance;  culture,  information,  communication,  audiovisual  and  media; 
education;  rule  of  law;  legal  cooperation;  personal  data  protection;  migration;  combating 
illicit  drugs;  combating  organised  crime  and  corruption;  combating  money  laundering  and 
terrorism  financing;  combating  cyber  crime;  law  enforcement;  tourism;  civil  society;  public 
administration; and statistics;  

MINDFUL of the importance of facilitating the involvement in cooperation of the individuals 
and entities directly concerned, in particular economic operators and the bodies representing 
them; 

RECOGNISING the desirability of raising the roles and profiles of both Parties in each other's 
regions and of fostering people-to-people contacts between the Parties; 

HAVE AGREED AS FOLLOWS: 

TITLE I 

BASIS AND SCOPE 

Article 1 

Basis for cooperation 

1. 

freedoms, 

The  Parties  confirm  their  attachment  to  democratic  principles,  human  rights  and 
fundamental 
law.  
Respect  for  democratic  principles  and  human  rights  and  fundamental  freedoms  as 
laid  down  in  the  Universal  Declaration  of  Human  Rights  and  other  relevant 
international human rights instruments, which reflect the principle of the rule of law, 
underpins  the  internal  and  international  policies  of  both  Parties  and  constitutes  an 
essential element of this Agreement. 

rule 

and 

the 

of 

2. 

The Parties confirm their attachment to the Charter of the United Nations and their 
support for the shared values expressed therein. 

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3. 

4. 

5. 

6. 

7. 

1. 

The Parties reaffirm their commitment to promoting  sustainable development in all 
its  dimensions,  economic  growth,  contributing  to  the  attainment  of  internationally 
agreed  development  goals,  and  cooperating  to  address  global  environmental 
challenges, in particular climate change. 

The  Parties  reaffirm  their  attachment  to  the  principles  of  good  governance  and  the 
fight against corruption, notably taking into account their international obligations. 

The  Parties  underline  their  shared  attachment  to  the  comprehensive  nature  of 
bilateral relations and to maintaining overall coherence in this regard. 

The  Parties  agree  to  elevate  their  relations  into  a  strengthened  partnership  and  to 
develop cooperation areas at the bilateral, regional and global levels. 

The implementation of this Agreement between Parties sharing the same values and 
respect shall therefore be based on the principles of dialogue, mutual respect, equal 
partnership, multilateralism, consensus and respect for international law. 

Article 2 

Aims of cooperation 

With a  view to enhancing their cooperation, the Parties undertake to intensify their 
political dialogue and to boost further their economic relations. Their efforts will in 
particular be aimed at: 

a) 

agreeing on a future vision for strengthening their partnership and developing 
joint projects to implement this vision; 

b) 

conducting regular political dialogues; 

c) 

d) 

e) 

f) 

g) 

promoting collective efforts in all relevant regional and international fora and 
organisations to respond to global issues; 

fostering economic cooperation in areas of mutual interest, including scientific 
and technological cooperation, with a view to diversifying trade to their mutual 
advantage; 

encouraging cooperation between businesses by facilitating investment on both 
sides and by promoting better mutual understanding; 

strengthening respective participation in each other’s cooperation programmes 
open to the other Party; 

raising  the  roles  and  profiles  of  both  Parties  in  each  other's  regions,  through 
various  means  including  cultural  exchanges,  use  of  information  technology, 
and education; 

h) 

promoting people-to-people contacts and understanding. 

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2) 

Building on their well-established partnership and shared values, the Parties agree to 
develop  their  cooperation  and  dialogue  on  all  issues  of  common  interest.  Their 
efforts will in particular be aimed at: 

a) 

b) 

c) 

d) 

e) 

f) 

strengthening  political  dialogue  and  cooperation,  notably  on  human  rights; 
non-proliferation  of  weapons  of  mass  destruction;  small  arms  and  light 
weapons;  the  most  serious  crimes  of  concern  to  the  international  community; 
and counter-terrorism; 

strengthening  cooperation  in  all  trade  and  investment-related  areas  of  mutual 
interest  and  securing  the  conditions  for  the  sustainable  increase  of  trade  and 
investment between the Parties to their mutual advantage; 

strengthening  cooperation  in  the  area  of  economic  cooperation,  notably 
economic  policy  dialogue;  business  cooperation; 
taxation;  customs; 
competition  policy;  information  society;  science  and  technology;  energy; 
transport; maritime transport policy; and consumer policy; 

strengthening  cooperation  in  the  area  of  sustainable  development,  notably 
health;  employment  and  social  affairs;  environment  and  natural  resources; 
climate  change;  agriculture,  rural  development  and  forestry;  marine  and 
fisheries; and development assistance; 

strengthening cooperation in the area of culture, information, communication, 
audiovisual and media; and education; 

strengthening cooperation in the field of justice, freedom and security, notably 
rule of law; legal cooperation; personal data protection; migration; combating 
illicit  drugs;  combating  organised  crime  and  corruption;  combating  money 
laundering  and 
law 
enforcement; 

terrorism  financing;  combating  cyber  crime;  and 

g) 

strengthening cooperation in other areas of common interest, notably tourism; 
civil society; public administration; and statistics. 

TITLE II 

POLITICAL DIALOGUE AND COOPERATION 

Article 3 

Political dialogue 

1. 

A  regular  political  dialogue,  based  on  shared  values  and  aspirations,  will  be 
established  between  the  Republic  of  Korea  and  the  European  Union.  This  dialogue 
will  take  place  in  accordance  with  the  procedures  agreed  between  the  Republic  of 
Korea and the European Union. 

2. 

The political dialogue will aim to: 

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a) 

b) 

c) 

d) 

e) 

underline the Parties' commitment to democracy and respect for human rights 
and fundamental freedoms; 

promote  peaceful  solutions  to  international  or  regional  conflicts  and  the 
strengthening of the United Nations and other international organizations; 

enhance  policy  consultations  on  international  security  matters  such  as  arms 
control  and  disarmament,  non-proliferation  of  weapons  of  mass-destruction, 
and the international transfer of conventional weapons; 

reflect  on  major  international  issues  of  common  interest  by  increasing  the 
exchange  of  relevant  information  both  between  the  two  parties  and  within 
international fora; 

enhance  consultations  on  issues  of  particular  interest  to  the  countries  of  the 
Asia-Pacific  and  European  regions,  for  the  promotion  of  peace,  stability  and 
prosperity in both regions.  

3. 

Dialogue  between  the  Parties  will  take  place  through  contacts,  exchanges  and 
consultations, particularly in the following forms: 

a) 

b) 

summit  meetings  at  leaders’  level  will  be  held  whenever  the  Parties  deem  it 
necessary; 

annual  consultations  at  ministerial  level  will  be  held  wherever  the  Parties 
agree; 

c) 

briefings on major foreign and domestic developments at senior officials’ level; 

d) 

sectoral dialogues on issues of common interest; 

e) 

exchanges  of  delegations  between  the  European  Parliament  and  the  National 
Assembly of the Republic of Korea. 

Article 4 

Countering the proliferation of Weapons of Mass Destruction 

1. 

2. 

3. 

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. 

The  Parties  therefore  agree  to  cooperate  in  and  contribute  towards  countering  the 
proliferation of weapons of mass destruction and their means of delivery through full 
implementation of their respective existing legal obligations relating to disarmament 
and  non-proliferation and  other  relevant  instruments  agreed  by  both  Parties. The 
Parties agree that this provision constitutes an essential element of this Agreement. 

The  Parties  furthermore  agree  to  cooperate  and  to  contribute  to  countering  the 
proliferation of weapons of mass destruction and their means of delivery by: 

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a) 

b) 

taking steps to sign, ratify, or accede to, as appropriate, and fully implement all 
other relevant international instruments; 

the establishment of an effective system of national export controls to prevent 
the proliferation of WMD and related goods and technologies, including end-
user controls and appropriate civil and criminal penalties for breaches of export 
controls. 

4. 

The Parties agree that their political dialogue will accompany and consolidate these 
elements. 

Article 5 

Small Arms and Light Weapons 

1. 

2. 

3. 

1. 

The  Parties  recognise  that  the  illicit  manufacture,  transfer  and  circulation  of  small 
arms  and 
their  excessive 
accumulation,  poor  management,  inadequately  secured  stockpiles  and  uncontrolled 
spread continue to pose a serious threat to peace and international security. 

their  ammunition,  and 

light  weapons, 

including 

The Parties agree to implement their respective commitments to deal with the illicit 
trade  in  small  arms  and  light  weapons,  including  their  ammunition,  within  the 
framework  of  international  instruments  including  the  UN  Programme  of  Action  to 
prevent, combat and eradicate the illicit trade in SALW in all its aspects (UN PoA) 
and the International Instrument to Enable States to Identify and Trace, in a Timely 
and  Reliable  Manner,  Illicit  Small  Arms  and  Light  Weapons  (ITI)  as  well  as 
obligations deriving from UN Security Council resolutions. 

The Parties undertake to cooperate and to ensure coordination, complementarity and 
synergy in their efforts to deal with the illicit trade in small arms and light weapons 
and ammunition, at global, regional, sub-regional and national levels. 

Article 6 

The most serious crimes of concern to the international community 

The  Parties  reaffirm  that  the  most  serious  crimes  of  concern  to  the  international 
community  as a whole  must not  go unpunished and that their  effective  prosecution 
must  be  ensured  by  taking  measures  at  the  national  level  and  by  enhancing 
international cooperation, as appropriate, including the International Criminal Court. 
The Parties agree to fully support the universality and integrity of the Rome Statute 
of the International Criminal Court and related instruments. 

2. 

The Parties agree that a dialogue between them on these matters would be beneficial. 

Article 7 

Cooperation in combating terrorism 

1. 

EN 

The  Parties,  reaffirming  the  importance  of  the  fight  against  terrorism,  and  in 
international 
accordance  with  applicable 

international  conventions, 

including 

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humanitarian,  human  rights  and  refugee  law,  as  well  as  with  their  respective 
legislation  and  regulations,  and,  taking  into  account  the  UN  Global  Counter-
Terrorism Strategy, contained in the UN General Assembly Resolution no.60/288 of 
8 September 2006, agree to cooperate in the prevention and suppression of terrorist 
acts. 

2. 

The Parties shall do so in particular: 

a) 

b) 

c) 

d) 

in the framework of implementation of Resolutions of the UN Security Council 
and their respective obligations under other relevant international conventions 
and instruments; 

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

by  exchanges  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; 

by  cooperating  to  deepen  the  international  consensus  on  the  fight  against 
terrorism including the legal definition of terrorist acts, as appropriate, and in 
particular by working towards an agreement on the Comprehensive Convention 
on International Terrorism; 

e) 

by sharing relevant best practices in the area of protection of human rights in 
the fight against terrorism. 

TITLE III 

COOPERATION IN REGIONAL AND INTERNATIONAL ORGANISATIONS 

Article 8 

Cooperation in regional and international organisations 

The Parties undertake to cooperate and exchange views in regional and international fora and 
organisations  such  as  the  United  Nations,  the  International  Labour  Organisation  (ILO),  the 
Organisation  for  Economic  Cooperation  and  Development  (OECD),  the  World  Trade 
Organisation  (WTO),  the  Asia-Europe  Meeting  (ASEM)  and  ASEAN  Regional  Forum 
(ARF). 

TITLE IV 

COOPERATION IN THE AREA OF ECONOMIC DEVELOPMENT 

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Article 9 

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1. 

2. 

3. 

1. 

2. 

1. 

Trade and investment 

The Parties undertake to cooperate in securing the conditions for and promoting the 
sustainable increase and development of trade and investment between them to their 
mutual advantage. The Parties shall engage in dialogue and strengthen cooperation in 
all  trade-and  investment-related  areas  of  mutual  interest,  in  order  to  facilitate 
sustainable trade and investment flows, to prevent and remove obstacles to trade and 
investment, and to advance the multilateral trade system. 

To  this  end,  the  Parties  shall  give  effect  to  their  cooperation  in  the  trade  and 
investment  area  through  the  agreement  establishing  a  free  trade  area.  The 
aforementioned agreement shall constitute a specific agreement giving effect to the 
trade provisions of this Agreement, within the terms of Article 43. 

The  Parties  shall  keep  each  other  informed  and  exchange  views  concerning  the 
development of bilateral and international trade, investment and related policies and 
issues. 

Article 10 

Economic policy dialogue 

The Parties agree to strengthen the dialogue between their authorities and to promote 
the  exchange  of  information  and  the  sharing  of  experiences  on  macroeconomic 
policies and trends. 

The Parties agree to strengthen dialogue and cooperation with a view to improving 
accounting,  auditing,  supervisory  and  regulatory  systems  in  banking,  insurance  and 
other parts of the financial sector. 

Article 11 

Business cooperation 

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

a) 

b) 

c) 

exchanging information and experiences on creating framework conditions for 
small  and  medium-sized  enterprises  to  improve  their  competitiveness  and  on 
procedures related to the creation of SMEs; 

promoting  contacts  between  economic  operators,  encouraging 
joint 
investments  and  establishing  joint  ventures  and  information  networks  notably 
through existing programmes; 

facilitating  access  to  finance  and  marketing,  providing  information  and 
stimulating innovation; 

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d) 

e) 

facilitating the activities established by small and medium-sized enterprises of 
both sides; 

promoting  corporate  social  responsibility  and  accountability  and  encouraging 
including  sustainable  consumption  and 
responsible  business  practices, 
production. 

2. 

The  Parties  shall  facilitate  the  relevant  cooperation  activities  established  by  the 
private sectors of both sides. 

Article 12 

Taxation 

With  a  view  to  strengthening  and  developing  economic  activities  while  taking  into  account 
the  need  to  develop  an  appropriate  regulatory  framework,  the  Parties  recognise  and  commit 
themselves  to  implement  in  the  tax  area  the  principles  of  transparency,  exchange  of 
information  and  fair  tax  competition.  To  that  effect,  in  accordance  with  their  respective 
competences, the Parties will improve international cooperation in the tax area, facilitate the 
collection of legitimate tax revenues, and develop measures for the effective implementation 
of the above mentioned principles. 

Article 13 

Customs 

The Parties shall cooperate in the customs field on a bilateral and multilateral basis. To this 
end,  they  shall  in  particular  share  experiences  and  examine  possibilities  to  simplify 
procedures, increase transparency and develop cooperation. They shall also seek convergence 
of views and joint action in relevant international frameworks. 

Article 14 

Competition policy 

1. 

2. 

The  Parties  shall  foster  fair  competition  in  economic  activities  by  fully  enforcing 
their competition laws and regulations. 

In pursuit of the goal of paragraph 1 and in accordance with the Agreement between 
the Government of the Republic of Korea and the European Community concerning 
cooperation on anti-competitive activities, the Parties shall undertake to cooperate in: 

a) 

b) 

recognising the importance of competition law and competition authorities and 
striving to proactively enforce the law in order to create an environment for fair 
competition; 

sharing 
authorities. 

information  and  enhancing  cooperation  between  competition 

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Article 15 

Information society 

1. 

Recognising that Information and Communication Technologies are key elements of 
modern life and of vital importance to economic and social development, the Parties 
agree to exchange views on their respective policies in this field. 

2. 

Cooperation in this area shall, inter alia, focus on: 

a) 

b) 

c) 

d) 

e) 

exchanging  views  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; 

interconnection  and  interoperability  of  research  networks  and  services, 
including in a regional context; 

standardisation  and  dissemination  of  new  information  and  communication 
technologies; 

promotion  of  research  cooperation  between  the  Parties  in  the  area  of 
Information and Communication Technologies; 

issues/aspects  of 

security 
technologies 
including  promotion  of  online  safety,  combating  cyber  crime  and  misuse  of 
information technology and all forms of electronic media. 

information  and  communication 

3. 

Business-to-business cooperation shall be encouraged. 

Article 16 

Science and technology 

The  Parties  shall  encourage,  develop  and  facilitate  cooperative  activities  in  the  areas  of 
science  and  technology  for  peaceful  purposes,  in  accordance  with  the  Agreement  on  the 
Scientific  and  Technological  Cooperation  between  the  European  Community  and  the 
Government of the Republic of Korea. 

Article 17 

Energy 

1. 

The  Parties  recognise  the  importance  of  the  energy  sector  to  economic  and  social 
development and shall endeavour, within the scope of their respective competences, 
to enhance cooperation in this field with a view to: 

a) 

diversifying  energy  supplies  in  order  to  strengthen  energy  security  and  to 
develop  new,  sustainable,  innovative  and  renewable  forms  of  energy, 

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including,  inter  alia,  biofuels  and  biomass,  wind  and  solar  energy  as  well  as 
hydro power generation; 

supporting  the  development  of  policies  to  render  renewable  energy  more 
competitive; 

achieving  rational  use  of  energy  with  contributions  from  both  supply  and 
demand  sides  by  promoting  energy  efficiency 
in  energy  production, 
transportation, distribution and end-use; 

fostering the transfer of technology aimed at sustainable energy production and 
energy efficiency; 

enhancing  capacity-building  and  facilitation  of  investment  in  the  field  of 
energy  taking  into  account  principles  of  transparency,  non-discrimination  and 
market-compatibility; 

promoting competition in the energy market; 

exchanging  views  on  developments  in  the  global  energy  markets,  including 
impact on developing countries. 

b) 

c) 

d) 

e) 

f) 

g) 

2. 

To these ends, the Parties will work as appropriate to promote, particularly through 
existing regional and international frameworks, the following cooperative activities: 

a) 

b) 

cooperation in energy policy-making and exchange of information relevant to 
energy policies; 

exchange  of  information  on  status  and  trends  in  the  energy  market,  industry 
and technology; 

c) 

conduct of joint studies and research; 

d) 

increase of trade and investment in the energy sector. 

Article 18 

Transport 

1. 

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

2. 

Cooperation between the Parties in this area shall aim to promote: 

a) 

exchanges  of  information  on  their  respective  transport  policies  and  practices, 
especially regarding urban, rural, inland waterway, air 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; 

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b) 

a  dialogue  and  joint  actions  in  the  field  of  air  transport  in  areas  of  mutual 
interest,  including  the  agreement  on  certain  aspect  of  air  services  and  the 
examination  of  possibilities  for  further  development  of  relations,  as  well  as 
technical and regulatory cooperation in areas such as aviation safety, security, 
environment,  air  traffic  management,  application  of  competition  law  and 
economic  regulation  of  the  air  transport  industry,  with  a  view  to  supporting 
regulatory  convergence  and  removal  of  obstacles  to  doing  business.  On  this 
basis, the Parties will explore more comprehensive cooperation in the area of 
civil aviation; 

c) 

cooperation  on  the  reduction  in  the  greenhouse  gas  emissions  in  transport 
sector; 

d) 

cooperation in terms of international transport fora; 

e) 

the  implementation  of  security,  safety,  and  pollution  prevention  standards, 
notably  as  regards  maritime  transport  and  aviation,  in  line  with  the  relevant 
international  conventions  applicable  to  both  Parties,  including  cooperation  in 
the  appropriate  international  fora  aimed  at  ensuring  better  enforcement  of 
international regulations. 

As regards civil global satellite navigation, the Parties shall cooperate in accordance 
with  the  Cooperation  Agreement  on  a  Civil  Global  Navigation  Satellite  System 
(GNSS) between the European Community and its Member States, of the one part, 
and the Republic of Korea, of the other part. 

Article 19 

Maritime transport policy 

The  Parties  undertake  to  move  towards  the  goal  of  unrestricted  access  to  the 
international maritime market and traffic based on fair competition on a commercial 
basis, in accordance with the provisions of this article. 

3. 

1. 

2. 

In pursuit of the goal of paragraph 1, the Parties shall: 

a) 

b) 

c) 

not  introduce  cargo-sharing  arrangements  in  future  bilateral  agreements  with 
third countries concerning maritime transport services, including dry and liquid 
bulk and liner trade, and not activate such cargo-sharing arrangements in case 
they exist in previous bilateral agreements; 

implementing,  on  entry 

this  Agreement, 
abstain  from 
administrative  and  technical  and  legislative  measures  which  could  have  the 
effect of discriminating between their own nationals or companies and those of 
the other Party in the supply of services in international maritime transport; 

into  force  of 

grant  no  less  favourable  treatment  for  the  ships  operated  by  nationals  or 
companies of the other Party, than that accorded to its own ships, with regard 
to  access  to  ports  open  to  international  trade,  the  use  of  infrastructure  and 
auxiliary  maritime  services  of  the  ports,  as  well  as  related  fees  and  charges, 

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customs  facilities  and  assignment  of  berths  and  facilities  for  loading  and 
unloading; 

d) 

allow  the  shipping  companies  of  the  other  Party  to  have  their  commercial 
presence  in  its  territory  for  the  purpose  of  carrying  out  shipping  agency 
activities  under  conditions  of  establishment  and  operation  no  less  favourable 
than  those  accorded  to  its  own  companies  or  to  subsidiaries  or  branches  of 
companies of any non-member country, whichever is the better. 

For  the  purpose  of  this  article,  access  to  the  international  maritime  market  shall 
include,  inter  alia,  the  right  for  international  maritime  transport  providers  of  each 
Party to arrange door-to-door transport services involving a sea leg, and to this effect 
to  directly  contract  with  local  providers  of  transport  modes  other  than  maritime 
transport on the territory of the other Party without prejudice to applicable nationality 
restrictions concerning the carriage of goods and passengers by those other transport 
modes. 

The  provisions  of  this  article  shall  apply  to  European  Community  companies  and 
Korean  companies.  Beneficiaries  of  the  provisions  of  this  article  shall  also  be 
shipping companies established outside the European Community or the Republic of 
Korea and controlled by nationals of a Member State or of the Republic of Korea, if 
their  vessels  are  registered  in  that  Member  State  or  in  the  Republic  of  Korea  in 
accordance with their respective legislations. 

The issue of the operations in the European Community and in the Republic of Korea 
of  shipping  agency  activities  shall  be  dealt  with  by  specific  agreements,  where 
appropriate. 

3. 

4. 

5. 

6. 

The Parties shall pursue a dialogue in the field of maritime transport policy. 

Article 20 

Consumer Policy 

The Parties shall endeavour to cooperate in the field of consumer policy in order to secure a 
high  level  of  consumer  protection.  The  Parties  agree  that  cooperation  within  this  field  may 
involve to the extent possible: 

a) 

b) 

c) 

increasing the compatibility of consumer legislation in order to avoid barriers 
to trade while ensuring a high level of consumer protection; 

promoting exchange of information on consumer systems, including consumer 
laws, consumer product safety, enforcement of consumer legislation, consumer 
education and empowerment, and consumer redress; 

encouraging  the  development  of  independent  consumer  associations  and 
contacts between consumer representatives. 

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COOPERATION IN THE AREA OF SUSTAINABLE DEVELOPMENT 

Article 21 

Health 

1. 

2. 

3. 

1. 

2. 

The Parties agree to encourage mutual cooperation and information exchange in the 
fields of health and the effective management of cross-border health problems. 

The  Parties  shall  seek  to  promote  information  exchange  and  mutual  cooperation, 
inter alia, as follows: 

a) 

information  exchange  on  the  surveillance  of  infectious  diseases,  including 
pandemic influenza, and on the early warning and countermeasures; 

b) 

information exchange on the health strategies and the public health plans; 

c) 

d) 

e) 

f) 

information  exchange  on  health  promotion  policies,  such  as  anti-smoking 
campaigns, obesity prevention and disease control; 

information  exchange  to  the  extent  possible  in  the  field  of  pharmaceutical 
safety and approval; 

information  exchange  to  the  extent  possible,  as  well  as  joint  research  in  the 
field of food safety such as food laws and regulations, emergency alert, etc.; 

cooperation  in  R&D  related  aspects,  such  as  advanced  treatment  and 
innovative, orphan drugs; 

g) 

information exchange and cooperation regarding e-health policy. 

The  Parties  shall  endeavour  to  promote  implementation  of  international  health 
agreements  such  as  the  International  Health  Regulations  and  the  Framework 
Convention on Tobacco Control. 

Article 22 

Employment and social affairs 

The  Parties  agree  to  enhance  cooperation  in  the  field  of  employment  and  social 
affairs,  including  in  the  context  of  globalisation  and  demographic  change.  Efforts 
shall  be  made  in  promoting  cooperation  and  exchanges  of  information  and 
experiences regarding the employment and labour matters. Areas of cooperation may 
include  regional  and  social  cohesion,  social  integration,  social  security  systems, 
lifelong skills development, health and safety at the workplace, gender equality and 
decent work. 

The Parties reaffirm the need to support a process of globalisation which is beneficial 
to  all  and  to  promote  full  and  productive  employment  and  decent  work  as  a  key 
element of sustainable development and poverty reduction. 

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3. 

4. 

1. 

2. 

The  Parties  reaffirm 
to  respect,  promote  and  realise 
internationally recognised labour and social standards, as laid down in particular in 
the ILO Declaration on Fundamental Rights and Principles at Work. 

their  commitments 

The forms of cooperation may include, inter alia, specific programmes and projects, 
as  mutually  agreed,  as  well  as  dialogue,  cooperation  and  initiatives  on  topics  of 
common interest at bilateral or multilateral level. 

Article 23 

Environment and natural resources 

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. 

The  Parties  shall  endeavour  to  continue  and  to  strengthen  their  cooperation  on 
protection  of  the  environment,  including  in  a  regional  context,  specifically  as 
regards: 

a) 

climate change and energy efficiency; 

b) 

environmental awareness; 

c) 

d) 

e) 

f) 

g) 

participating  in  and  implementing  multilateral  environmental  agreements, 
including biodiversity, biosafety and CITES; 

promoting  environmental  technologies,  products  and  services,  including 
environmental management systems and environmental labelling; 

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

coastal  and  marine  environment,  conservation,  pollution,  and  degradation 
control; 

local participation in environmental protection as a key element of sustainable 
development; 

h) 

soils and land management; 

i) 

exchange of information and expertise and practices. 

3. 

The  outcome  of  the  World  Summit  on  Sustainable  Development  and  the 
implementation of relevant multilateral environmental agreements shall be taken into 
account, as relevant. 

Article 24 

Climate change 

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1. 

The  Parties  recognise  the  common  global  threat  of  climate  change  and  the  need  to 
take action to cut emissions in order to stabilise greenhouse gas concentrations in the 
atmosphere at a level that would prevent dangerous anthropogenic interference with 
the  climate  system.  Within  the  scope  of  their  respective  competences,  and  without 
prejudice to discussions on climate change in other fora, such as the United Nations 
Framework  Convention  on  Climate  Change  (UNFCCC),  the  Parties  shall  enhance 
cooperation in this field. Such cooperation shall aim at: 

a) 

b) 

c) 

d) 

e) 

f) 

combating  climate  change,  with  the  overall  goal  of  a  rapid  transition  to  low-
carbon  societies,  through  nationally  appropriate  mitigation  and  adaptation 
actions; 

advocating the efficient use of resources, inter alia through widespread use of 
best available and economically viable low carbon technologies and standards 
for mitigations and adaptation; 

exchanging  expertise  and  information  regarding  benefits  and  architecture  of 
trading schemes; 

enhancing  public  and  private  sector  financing  instruments,  including  market 
mechanisms  and  public  private  partnerships  which  could  effectively  support 
action to combat climate change; 

collaborating  on  low-carbon  technology  research,  development,  diffusion, 
deployment  and  transfer  in  order  to  mitigate  greenhouse  gas  emissions  while 
maintaining economic growth; 

exchanging  experience  and  expertise,  where  appropriate,  in  monitoring  and 
analysing  greenhouse  gases'  effects  and  developing  mitigation  and  adaptation 
programmes; 

g) 

supporting, where appropriate, mitigation and adaptation action of developing 
countries, including through the Flexible Mechanisms of the Kyoto Protocol. 

2. 

To  these  ends,  the  Parties  agree  to  intensify  dialogue  and  cooperation  at  political, 
policy and technical levels. 

Article 25 

Agriculture, rural development and forestry 

The  Parties  agree  to  encourage  cooperation  in  agriculture,  rural  development  and  forestry. 
The Parties will exchange information and develop cooperation in particular on: 

a) 

b) 

c) 

agricultural and forestry policy and international agricultural and forestry outlook in 
general; 

registration and protection of Geographical Indications; 

organic production; 

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d) 

e) 

f) 

g) 

h) 

i) 

research in the field of agriculture and forestry; 

development policy for rural areas and in particular diversification and restructuring 
of agricultural sectors; 

sustainable  agriculture,  forestry  and  integration  of  environmental  requirements  into 
agricultural policy; 

the links between agriculture, forestry and environment and the development policy 
for rural areas; 

promotion activities for agricultural food products; 

sustainable  forest  management  (SFM)  to  prevent  de-forestation  and  encourage  the 
creation of new woodland, including due regard to interests of developing countries 
where timber is sourced. 

Article 26 

Marine and fisheries 

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

a) 

b) 

c) 

1. 

2. 

exchange of information; 

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

promoting efforts to prevent and combat illegal, unreported and unregulated fishing 
practices. 

Article 27 

Development assistance 

The Parties agree to exchange information on their development assistance policies 
with a view to establishing a regular dialogue on the objectives of these policies and 
their respective development aid programmes in third countries. They will study to 
what  extent  more  substantial  cooperation  is  feasible,  in  accordance  with  their 
respective  legislations  and  the  conditions  applicable  to  the  implementation  of  these 
programmes. 

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. 

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COOPERATION IN THE AREA OF EDUCATION AND CULTURE 

Cooperation in culture, information, communication, audiovisual and media 

Article 28 

The Parties agree to promote cooperation in order to increase mutual understanding 
and the knowledge of their respective cultures. 

The  Parties  shall  endeavour  to  take  appropriate  measures  to  promote  cultural 
exchanges as well as to carry out joint initiatives in this area. 

The  Parties  agree  to  cooperate  closely  in  relevant  international  fora,  such  as  the 
UNESCO,  and  the  Asia-Europe  Meeting  (ASEM),  in  order  to  pursue  common 
objectives and promote cultural diversity, respecting the provisions of the UNESCO 
Convention  on  the  Protection  and  Promotion  of  the  Diversity  of  Cultural 
Expressions. 

The Parties will consider means of encouraging exchanges, cooperation and dialogue 
between relevant institutions in the areas of audiovisual and media. 

Article 29 

Education 

The  Parties  acknowledge  the  crucial  contribution  of  education  and  training  to  the 
development  of  human  resources  capable  of  participating  in  the  global  knowledge-
based  economy;  and  recognise  that  they  have  a  common  interest  in  cooperation  in 
education and training. 

In accordance with their mutual interests and the aims of their policies on education, 
the Parties undertake to support jointly appropriate cooperative activities in the field 
of education, training and youth, with particular emphasis on higher education. This 
cooperation may take the form of, in particular: 

1. 

2. 

3. 

4. 

1. 

2. 

a) 

b) 

c) 

to 

joint  cooperation  projects  between  education  and 

support 
training 
institutions in the European Union and the Republic of Korea, with a view to 
promoting  curriculum  development,  joint  study  programmes  and  student 
mobility; 

dialogue,  studies,  and  exchange  of  information  and  know-how  in  the  field  of 
education policy ; 

promotion of exchange of students, academic and administrative staff of higher 
the 
and  youth  workers, 
education 
implementation of the Erasmus Mundus programme; 

institutions, 

including 

through 

e) 

cooperation in education sectors of common interest. 

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COOPERATION IN THE AREA OF JUSTICE, FREEDOM AND SECURITY 

Article 30 

Rule of law 

In  their  cooperation  in  the  area  of  justice,  freedom  and  security,  the  Parties  shall  attach 
particular importance to the promotion of the rule of law, including the independence of the 
judiciary, access to justice, and the right to a fair trial. 

Article 31 

Legal cooperation 

1. 

2. 

3. 

1. 

2. 

The Parties agree to develop judicial cooperation in civil and commercial matters, in 
particular as regards the ratification and implementation of multilateral conventions 
on civil judicial cooperation, including the Conventions of the Hague Conference on 
Private International Law in the field of international legal cooperation and litigation 
as well as the protection of children. 

The Parties agree to facilitate and encourage the arbitral solution of civil and private 
commercial  disputes  whenever  possible  according  to  the  applicable  international 
instruments. 

As regards judicial cooperation in criminal matters, the Parties will seek to enhance 
arrangements on mutual legal assistance and extradition. This would include, where 
appropriate,  accession  to,  and  implementation  of,  the  relevant  international 
instruments  of  the  United  Nations  including  the  Rome  Statute  of  the  International 
Criminal Court as referred to in Article 6 of this Agreement. 

Article 32 

Personal data protection 

The Parties agree to cooperate in order to improve the level of protection of personal 
data  to  the  highest  international  standards  such  as  that  contained  in  the  UN 
Guidelines  for  the  Regulation  of  Computerized  Personal  Data  Files  (UN  General 
Assembly Resolution 45/95 of 14 December 1990). 

Cooperation  on  protection  of  personal  data  may  include,  inter  alia,  exchange  of 
information and expertise. 

Article 33 

Migration 

1. 

The  Parties  agree  to  strengthen  and  intensify  cooperation  in  the  areas  of  the  illegal 
migration, smuggling and trafficking in human beings, as well as the inclusion of the 

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2. 

3. 

1. 

2. 

migration concerns in the national strategies for economic and social development of 
the areas from which migrants originate. 

In the framework of the cooperation to prevent and control illegal immigration, the 
Parties agree to readmit their nationals who stay illegally in the territory of the other 
Party.  To  this  end,  the  Parties  will  provide  their  nationals  with  appropriate  identity 
documents for such purposes. In cases where the nationality is in doubt, the Parties 
agree to identify their alleged nationals. 

The Parties endeavour to conclude, if necessary, an agreement regulating the specific 
obligations  for  readmission  of  their  nationals.  This  will  also  address  conditions 
relating to nationals of other countries and stateless persons. 

Article 34 

Combating illicit drugs 

In  accordance  with  their  respective  laws  and  regulations,  the  Parties  will  aim  at 
reducing the supply and trafficking of, and demand for, illicit drugs as well as their 
impact on drug users and society at large and to achieve a more effective prevention 
of diversion of drug precursors used for the illicit manufacture of narcotic drugs and 
psychotropic  substances.  In  their  cooperation,  the  Parties  shall  ensure  that  a 
comprehensive  and  balanced  approach  is  taken  in  pursuing  this  aim  through  legal 
market  regulations  and  effective  action  and  coordination  between  the  competent 
authorities  including  those  from  the  health,  education,  social,  law  enforcement  and 
justice sectors. 

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. 

Article 35 

Combating organised crime and corruption 

The Parties agree to cooperate on and contribute to the fight against organised, economic and 
financial  crime  and  corruption,  counterfeiting  and  illegal  transactions,  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. The 
Parties  will  promote  the  implementation  of the  UN  Convention  on  Transnational  Organised 
Crime and its supplementing Protocols and the UN Convention against Corruption. 

Article 36 

Combating money laundering and terrorism financing 

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 including 

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2. 

1. 

2. 

drug  trafficking  and  corruption  and  to  the  financing  of  terrorism.  This  cooperation 
extends to the recovery of assets or funds derived from the proceeds of crimes. 

The Parties may exchange relevant information within the  framework of  respective 
legislations  and  apply  appropriate  standards  to  combat  money  laundering  and 
financing  of  terrorism  equivalent  to  those  adopted  by  relevant  international  bodies 
active  in  this  area,  such  as  the  Financial  Action  Task  Force  on  money  laundering 
(FATF). 

Article 37 

Combating cyber crime 

The  Parties  will  strengthen  cooperation  to  prevent  and  combat  high  technology, 
cyber and  electronic crimes and the distribution of  terrorist  content via the Internet 
through  exchanging  information  and  practical  experiences  in  compliance  with  their 
national legislation within the limits of their responsibility. 

The Parties will exchange information in the fields of the education and training of 
cyber  crime  investigators,  the  investigation  of  cyber  crime,  and  digital  forensic 
science. 

Law enforcement cooperation 

Article 38 

The Parties agree to cooperate among law enforcement authorities, agencies and services and 
to contribute to disrupting and dismantling transnational crime threats common to the Parties. 
The cooperation among law enforcement authorities, agencies and services can take the form 
of  mutual  assistance  in  investigations,  sharing  of  investigational  techniques,  joint  education 
and training of law enforcement personnel and any other type of joint activities and assistance 
as may be mutually agreed by the Parties. 

TITLE VIII 

COOPERATION IN OTHER AREAS 

Article 39 

Tourism 

The  Parties  undertake  to  establish  cooperation  in  the  field  of  tourism,  with  a  view  to 
increasing  better  mutual  understanding  and  promoting  a  balanced  and  sustainable 
development of tourism. 

This cooperation may take the form of, in particular: 

a) exchange of information on issues of common interest concerning tourism; 

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b) organisation of tourism events; 

c) tourism exchanges; 

d) cooperation in the preservation and management of cultural heritage; 

e) cooperation in tourism management. 

Article 40 

Civil Society 

The  Parties  recognise  the  role  and  potential  contribution  of  organised  civil  society  in  the 
dialogue  and  cooperation  process  under  this  Agreement  and  agree  to  promote  effective 
dialogue with organised civil society and its effective participation. 

Article 41 

Public administration 

The  Parties  agree  to  cooperate  by  exchanging  experience  and  best  practice,  building  on 
existing efforts, with respect to the modernisation of public administration in areas such as: 

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) policy design and implementation. 

Article 42 

Statistics 

1. 

The  Parties  shall  develop  and  strengthen  their  cooperation  on  statistical  issues, 
thereby  contributing  to  the  long-term  objective  of  providing  timely,  internationally 
comparable and reliable statistical data. It is expected that sustainable, efficient and 
professionally independent statistical systems shall produce information relevant for 
the Parties’ citizens, businesses and decision-makers, enabling them to take informed 
decisions.  The  Parties  shall,  inter  alia,  exchange  information  and  expertise  and 
develop cooperation taking into account the already accumulated experience. 

Cooperation shall aim at: 

a) 

progressive harmonization between the statistical systems of both Parties; 

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b) 

c) 

d) 

fine-tuning  of  data  exchange  between  the  Parties  taking  into  account  the 
application of relevant international methodologies; 

enhancing  the  professional  capacity  of  the  statistical  staff  to  allow  them  to 
apply the relevant statistical standards; 

promoting  of  the  exchange  of  experience  between  the  Parties  on  the 
development of statistical know-how. 

2. 

The forms of cooperation may include, inter alia, specific programmes and projects, 
as  mutually  agreed,  as  well  as  dialogue,  cooperation  and  initiatives  on  topics  of 
common interest at bilateral or multilateral level. 

TITLE IX 

INSTITUTIONAL FRAMEWORK 

Article 43 

Other agreements 

1. 

2. 

3. 

4. 

1. 

The  Framework  Agreement  for  Trade  and  Cooperation  between  the  European 
Community and its Member States, on the one hand, and the Republic of Korea, on 
the other hand, signed in Luxembourg on 28 October 1996 and entered into force on 
1 April 2001 is hereby repealed. 

This  Agreement updates and replaces  the  aforementioned agreement. References to 
the  aforementioned  agreement  in  all  other  agreements  between  the  Parties  shall  be 
construed as referring to this Agreement. 

The  Parties  may  complement  this  Agreement  by  concluding  specific  agreements  in 
any area of cooperation falling within its scope. Such specific agreements shall be an 
integral part of the overall bilateral relations as governed by this Agreement and shall 
form part of a common institutional framework. 

Existing agreements relating to specific areas of cooperation falling within the scope 
of this Agreement shall similarly be considered part of the overall bilateral relations 
as  governed  by  this  Agreement  and  as  forming  part  of  a  common  institutional 
framework.  

Article 44 

Joint Committee 

The  Parties  shall  establish  under  this  Agreement  a  Joint  Committee  consisting  of 
representatives  of  the  members  of  the  Council  of  the  European  Union  and 
representatives of the European Commission, on the one hand, and representatives of 
the Republic of Korea, on the other. 

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2. 

Consultations  shall  be  held  in  the  Joint  Committee  to  facilitate  the  implementation 
and  to  further  the  general  aims  of  this  Agreement  as  well  as  to  maintain  overall 
coherence  in  the  relations  and  to  ensure  the  proper  functioning  of  any  other 
agreement between the Parties. 

3. 

The Joint Committee shall: 

a) 

ensure that this Agreement operates properly; 

b)  monitor  the  development  of  the  comprehensive  relationship  between  the 

Parties; 

c) 

d) 

e) 

f) 

g) 

h) 

as 

appropriate, 

request, 
bodies established  under  other  agreements  falling  under 
institutional framework and consider any reports submitted by them; 

information 

committees 

from 

or 

other 
the  common 

exchange  opinions  and  make  suggestions  on  any  issue  of  common  interest, 
including future actions and the resources available to carry them out; 

set priorities in relation to the aims of this Agreement; 

seek  appropriate  methods  of  forestalling  problems  which  might  arise  in  areas 
covered by this Agreement; 

resolve  any  dispute  arising  in  the  application  or  interpretation  of  this 
Agreement by consensus in accordance with Article 45 paragraph 3; 

examine  all  the  information  presented  by  a  Party  regarding  non-execution  of 
the  obligations  and  hold  consultations  with  the  other  Party  to  seek  a  solution 
acceptable to both Parties in accordance with Article 45 paragraph 3. 

4. 

1. 

2. 

3. 

The  Joint  Committee  will  normally  meet  once  a  year  in  Brussels  and  Seoul 
alternately. Special meetings of the Committee shall be held at the request of either 
Party. The Joint Committee shall be chaired alternately by each of the Parties. It shall 
normally meet at the level of senior officials. 

Article 45 

Modalities for implementation 

The  Parties  shall  take  any  general  or  specific  measures  required  to  fulfil  their 
obligations  under  this  Agreement  and  shall  ensure  that  they  comply  with  the 
objectives laid down in this Agreement. 

Implementation  is  covered  by  consensus  and  dialogue.  If,  however,  there  is 
divergence  of  views  in  the  application  or  interpretation  of  this  Agreement,  either 
Party shall refer to the Joint Committee. 

If either Party considers that the other Party has failed to fulfil its obligations under 
this  Agreement,  it  may  take  appropriate  measures  in  accordance  with  international 
law. Before doing so, except in cases of special urgency, the Party shall present all 
the  information  required  to  the  Joint  Committee  for  a  thorough  examination  of  the 

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4. 

1. 

2. 

situation. The Parties shall hold consultations within the Joint Committee and, if both 
Parties agree, these consultations may be facilitated by a mediator appointed by the 
Joint Committee. 

In  cases  of  special  urgency,  the  measure  shall  be  notified  immediately  to  the  other 
Party. At the request of the other Party, consultations shall be held for a period of up 
to twenty (20) days. After this period, the measure shall apply. In this case, the other 
Party may request arbitration according to Article 46 below with a view to examining 
any aspect of, or the basis for, the measure. 

Article 46 

Arbitration procedure 

The arbitration tribunal shall consist of three (3) arbitrators. Each Party shall appoint 
one arbitrator and the Joint Committee shall appoint a third arbitrator within fourteen 
(14) days,  as  appropriate,  upon  the  request  of  either  Party  for  the  arbitration.  The 
appointment  of  an  arbitrator  by  a  Party  shall  be  notified  immediately  to  the  other 
Party in writing through diplomatic channels. The arbitrators’ decision shall be taken 
by a majority of votes. The arbitrators shall endeavour to reach a decision as quickly 
as possible and in any event no later than 3 months from the date of appointment of 
the  arbitrators.  The  Joint  Committee  shall  agree  the  detailed  procedures  for  the 
speedy conduct of arbitration. 

Each Party to the dispute must take the steps required to implement the decision of 
the arbitrators. The arbitrators shall, upon request, issue recommendations on how to 
implement  their  decision  with  a  view  to  restoring  the  balance  of  rights  and 
obligations under this Agreement. 

TITLE X 

FINAL PROVISIONS 

Article 47 

Definition 

For the purposes of this Agreement, the term ‘the Parties’ means the European Community or 
its Member States, or the European Community and its Member States, in accordance with their 
respective competences, on the one hand, and the Republic of Korea, on the other. 

Article 48 

National security and disclosure of information 

Nothing in this Agreement shall be construed to require any Party to provide any information, 
the disclosure of which it considers contrary to its essential security interests. 

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Article 49 

Entry into force, duration and termination 

1. 

2. 

3. 

This Agreement shall enter into force on the first day of the month following the date 
on  which  the  Parties  have  notified  each  other  of  the  completion  of  the  legal 
procedures necessary for that purpose. 

Notwithstanding paragraph 1, this Agreement shall be applied on a provisional basis 
pending its entry into force. The provisional application begins on the first day of the 
first  month  following  the  date  on  which  the  Parties  have  notified  each  other  of  the 
completion of the necessary procedures.  

This  Agreement  shall  be  valid  indefinitely.  Either  Party  may  notify  in  writing  the 
other Party of its intention to denounce this Agreement. The denunciation shall take 
effect six months after the notification.  

Article 50 

Notifications 

The notifications made in accordance with Article 49 shall be made to the Secretariat-General 
of the Council of the European Union and the Ministry for Foreign Affairs and Trade of the 
Republic of Korea, respectively. 

Article 51 

Declarations and annexes 

The  Declarations  and  Annexes  to  this  Agreement  shall  form  an  integral  part  of  this 
Agreement. 

Article 52 

Territorial application 

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

Article 53 

Authentic texts 

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

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Joint interpretative declaration concerning Articles 45 and 46 

The Parties are democracies. They wish to work together to promote their shared values to the 
world.  Their  Agreement  is  a  signal  of  their  shared  determination  to  promote  democracy, 
the  world.  The 
human  rights,  non-proliferation,  and  counter-terrorism 
implementation of this Agreement between the Parties sharing the same values shall therefore 
be  based  on  the  principles  of  dialogue,  mutual  respect,  equal  partnership,  multilateralism, 
consensus, and respect for international law. 

throughout 

The Parties agree that for the purpose of the correct interpretation and practical application of 
this  Agreement,  the  term  “appropriate  measures”  in  Article  45  paragraph 3  are  measures 
proportionate to the failure to implement obligations under this Agreement. Measures may be 
taken  with  regard  to  this  Agreement  or  to  a  specific  agreement  falling  under  the  common 
institutional  framework.  In  the  selection  of  measures  priority  must  be  given  to  those  which 
least  disrupt  the  functioning  of  the  agreements,  taking  account  of  possible  use  of  domestic 
remedies where available. 

The Parties agree that for the purpose of the correct interpretation and practical application of 
this Agreement, the term "cases of special urgency" in Article 45 paragraph 4 means a case of 
a material breach of this Agreement by one of the Parties. A material breach consists in either 
repudiation  of  this  Agreement  not  sanctioned  by  the  general  rules  of  international  law  or  a 
particularly  serious  and  substantial violation  of  an  essential  element  of  the  Agreement.  The 
Parties shall assess a possible material breach of Article 4 paragraph 2, taking account of the 
official position, where available, of the relevant international agencies. 

In respect of Article 46, where measures have been taken with respect to a specific agreement 
falling under the common institutional framework, any relevant dispute settlement procedures 
of  the  specific  agreement  shall  apply  with  regard  to  the  procedure  of  implementing  the 
decision of the arbitration panel in cases where the arbitrators decide that the measure was not 
justified or proportionate.  

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For inclusion into the Final Act: 

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

Unilateral declaration by the European Community on Article 12 

The Community declares that the Member States are committed under Article 12 only to the 
extent  that  they  have  subscribed  to  these  principles  of  good  governance  in  the  tax  area  at 
Community level. 

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