Joint Proposal for a COUNCIL DECISION On the accession of the European Union to the Treaty of Amity and Cooperation in Southeast Asia
Date: 2012-02-16
Institutions: European Commission, High Representative of the Union
Subjects: South-East Asia, accession to an agreement, cooperation agreement, economic cooperation, scientific cooperation, technical cooperation, trade cooperation

EUROPEAN COMMISSION 

HIGH REPRESENTATIVE OF THE
EUROPEAN UNION FOR 
FOREIGN AFFAIRS AND 
SECURITY POLICY

Brussels, 16.2.2012  
JOIN(2012) 1 final 

2012/0028 (NLE) 

Joint Proposal for a 

COUNCIL DECISION 

On the accession of the European Union to the Treaty of Amity and Cooperation in 
Southeast Asia 

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EXPLANATORY MEMORANDUM 

The  Treaty  of  Amity  and  Cooperation  in  Southeast  Asia  (hereafter  called  “the  TAC”)  was 
signed  on  24  February  1976  by  the  Republic  of  Indonesia,  the  Kingdom  of  Malaysia,  the 
Republic  of  the  Philippines,  the  Republic  of  Singapore  and  the  Kingdom  of  Thailand.  The 
Treaty was amended by a Protocol on 15 December 1987 and a Second Protocol on 25 July 
1998. The protocols, among others, opened the Treaty to accession by states outside Southeast 
Asia.  Today,  the  High  Contracting  Parties  (signatory  states)  to  the  TAC  are  Brunei 
Darussalam,  the  Kingdom  of  Cambodia,  the  Republic  of  Indonesia,  the  Lao  People’s 
Democratic Republic, the Kingdom of Malaysia, the Union of Myanmar, the Republic of the 
Philippines,  the  Republic  of  Singapore,  the  Kingdom  of  Thailand,  the  Socialist  Republic  of 
Vietnam, Papua New Guinea, the People’s Republic of China, the Republic of India, Japan, 
the  Islamic  Republic  of  Pakistan,  the  Republic  of  Korea,  the  Russian  Federation,  New 
Zealand,  Mongolia,  the  Commonwealth  of  Australia,  the  French  Republic,  the  Democratic 
Republic  of  Timor  Leste,  the  People’s  Republic  of  Bangladesh,  the  Democratic  Socialist 
Republic  of  Sri  Lanka,  the  Democratic  People’s  Republic  of  Korea,  the  United  States  of 
America, the Republic of Turkey and Canada.  

The Treaty of Amity and Cooperation in Southeast Asia aims to promote peace, stability and 
co-operation  in  the  region.  To  this  end,  it  calls  for  the  settlement  of  disputes  by  peaceful 
means, the preservation of peace, the prevention of conflicts and the strengthening of security 
in Southeast Asia.  It establishes  mechanisms for  conciliation  and  mediation activated in the 
case  of  disputes.  It  stipulates  that  parties  to  the  treaty  shall  refrain  for  the  threat  or  use  of 
force. Furthermore, the Treaty of Amity and Cooperation provides for enhancing co-operation 
in economic, trade, social, technical and scientific fields as well as for the acceleration of the 
economic growth in the region by promoting the greater utilisation of the agriculture and the 
industries of the nationals in Southeast Asia, the expansion of their trade and the improvement 
of their economic infrastructure. It calls for the adoption of regional strategies for economic 
development and mutual assistance, as well as the maintenance of contacts and consultations 
on international and regional issues. 

The Council, in its 2768th meeting of 4-5 December 2006, authorised the Presidency and the 
Commission to negotiate the European Union’s and the European Community’s accessions to 
the TAC.  

By  letter  of  7  December  2006,  the  EU  and  the  EC  informed  Cambodia,  in  its  capacity  as 
ASEAN Co-ordinator for relations with the EU, of its decision to apply for accession to the 
TAC.  In  accordance  with  the  negotiating  mandate  and  directives  for  the  EU’s  and  EC's 
accession  to  the  TAC,  the  EU  and  EC  recorded  in  the  letter  the  following  common 
understandings. The Treaty is to be interpreted in conformity with the principles of the United 
Nations Charter and shall not affect the rights and obligations arising there from. Further, the 
EU’s and EC’s accession to the Treaty is without prejudice to the EU’s and EC’s rights and 
obligations under other bilateral and multilateral agreements, as well as to EU and EC law. It 
shall  not  affect  the  EU’s  and  EC’s  ability  to  pursue  cooperation  in  international  fora. 
Moreover,  the  Treaty  shall  not  apply  to,  nor  affect,  the  EU’s  and  EC’s  relationships  with 
states other than the Parties to the Treaty.  

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At the ASEAN1-EU Ministerial Meeting of 28 May 2009 in Phnom Penh, two declarations on 
the  TAC  were  issued:  (i)  the  Declaration  on  Accession  to  the  Treaty  of  Amity  and 
Cooperation  in  Southeast  Asia  by  the  European  Union  and  the  European  Community, 
whereby  the  EU  and  EC  declared  their  “intent  to  accede  to  the  Treaty,  on  the  basis  of  the 
letter of application of December 7, 2006, upon entry into force of the Third Protocol…”, and 
(ii)  the  Declaration  of  Consent  to  the  Accession  to  the  Treaty  of  Amity  and  Cooperation  in 
Southeast Asia by the European Union and the European Community, whereby the then Chair 
of  ASEAN,  Thailand,  on  behalf  of  the  governments  of  all  ASEAN  Member  Sates  declared 
“the consent of all the States in Southeast Asia to the accession to the Treaty by the European 
Union and the European Community, subject to the entry into force of the Third Protocol…”.  

On 23 July 2010, the Ministers of Foreign Affairs of the signatory states to the TAC signed 
the  Third  Protocol  amending  the  Treaty  of  Amity  and  Cooperation  in  Southeast  Asia.  The 
Third  Protocol  stipulates  that  “The  Treaty  is  open  for  accession  by…regional  organisations 
whose members are only sovereign states…”. The Third Protocol will come into force on the 
day of the last instrument  of  ratification by the High Contracting Parties is  deposited to the 
ASEAN  Secretariat.  To  date  (January  2012),  twenty  signatory  states  have  ratified  the  Third 
Protocol.  The  remaining  eight  signatory  states  have  given  assurances  to  the  EU  that  they 
would be able to complete their domestic ratification process in February/March 2012. 

Subject  to  the  entry  into  force  of  the  Third  Protocol,  the  EU,  which  has  replaced  and 
succeeded the European Community, should accede to the TAC.  

The  accession  to  the  TAC  is  based  both  on  the  development  of  relationships  with  regional 
organisations  which  share  the  principles  referred  to  in  article  21,  paragraph  1  TEU  in  the 
framework  of  CFSP  and  on  non-CFSP  policies  (development  cooperation  as  well  as 
economic, financial and technical cooperation (Articles 209 and 212 TFEU).  

The accession to the TAC will further the objectives of the EU, and in particular as they relate 
to the preservation of peace, the prevention of conflicts and the strengthening of security in 
Southeast Asia. Furthermore, it will foster the sustainable economic, social and environmental 
development of developing countries in the region. 

The accession of the EU to the TAC will, subject to the entry into force of the Third Protocol, 
enter  into  effect  on  the  date  of  the  deposit  of  the  Instrument  of  Accession  to  the  Treaty  of 
Amity and Cooperation in Southeast Asia. 

The signature and deposit of the Instrument of Accession should take place on the occasion of 
the ASEAN-EU Ministerial Meeting, scheduled for 27 April 2012 in Brunei-Darussalam, at 
which all EU and ASEAN Member States Foreign Ministers would take part.  

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The Member States of the Association of Southeast Asian Nations, or ASEAN, are Brunei-Darussalam, 
the  Kingdom  of  Cambodia,  the  Republic  of  Indonesia,  the  Lao  People’s  Democratic  Republic, 
Malaysia,  the  Union  of  Myanmar,  the  Republic  of  the  Philippines,  the  Republic  of  Singapore,  the 
Kingdom of Thailand and the Socialist Republic of Viet Nam. 

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2012/0028 (NLE) 

Joint Proposal for a 

COUNCIL DECISION 

On the accession of the European Union to the Treaty of Amity and Cooperation in 
Southeast Asia 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty of the European Union and the Treaty on the Functioning of the 
European  Union,  and  in  particular  Article  37  TEU  and  Articles  209  and  211  TFEU  in 
conjunction with Article 31(1) TEU and Article 218(6)(a) and (8), the second subparagraph, 
TFEU thereof, 

Having  regard  to  the  joint  proposal  from  the  European  Commission  and  the  High 
Representative of the Union for Foreign Affairs and Security Policy, 

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

The  Treaty  of  Amity  and  Cooperation  in  Southeast  Asia  was  signed  on  24  February 
1976  by  the  Republic  of  Indonesia,  the  Kingdom  of  Malaysia,  the  Republic  of  the 
Philippines, the Republic of Singapore and the Kingdom of Thailand. Today, the High 
Contracting Parties of that Treaty are Brunei Darussalam, the Kingdom of Cambodia, 
the  Republic  of  Indonesia,  the  Lao  People’s  Democratic  Republic,  the  Kingdom  of 
Malaysia,  the  Union  of  Myanmar,  the  Republic  of  the  Philippines,  the  Republic  of 
Singapore, the Kingdom of Thailand, the Socialist Republic of Vietnam, Papua New 
Guinea,  the  People’s  Republic  of  China,  the  Republic  of  India,  Japan,  the  Islamic 
Republic  of  Pakistan,  the  Republic  of  Korea,  the  Russian  Federation,  New  Zealand, 
Mongolia,  the  Commonwealth  of  Australia,  the  French  Republic,  the  Democratic 
Republic  of  Timor  Leste,  the  People’s  Republic  of  Bangladesh,  the  Democratic 
Socialist  Republic  of  Sri  Lanka,  the  Democratic  People’s  Republic  of  Korea,  the 
United States of America, the Republic of Turkey and Canada.  

The  Treaty  of  Amity  and  Cooperation  in  Southeast  Asia  aims  to  promote  peace, 
stability  and  co-operation  in  the  region.  To  this  end,  it  calls  for  the  settlement  of 
disputes by peaceful means, the preservation of peace, the prevention of conflicts and 
the strengthening of security in Southeast Asia. Hence, the rules and principles set out 
in  the  Treaty  of  Amity  and  Cooperation  correspond  to  the  objectives  of  the  Union’s 
common foreign and security polity.  

Furthermore,  the  Treaty  of  Amity  and  Cooperation  provides  for  enhancing  co-
operation  in  economic,  trade,  social,  technical and  scientific  fields  as  well  as  for  the 
acceleration of the economic growth in the region by promoting the greater utilisation 
of the agriculture and the industries of the nationals in Southeast Asia, the expansion 

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of  their  trade  and  the  improvement  of  their  economic  infrastructure.  Thereby,  the 
Treaty  promotes  cooperation  with  developing  countries  of  that  region  as  well  aw 
economic,  financial  and  technical  co-operation  with  countries  other  than  developing 
countries. 

The Council, in its 2768th meeting of 4-5 December 2006, authorised the Presidency 
and  the  Commission  to  negotiate  the  European  Union’s  and  the  European 
Community’s accessions to the TAC, 

By  letter  of  7  December  2006,  the  European  Union  and  the  European  Community 
have  informed  Cambodia,  in  its  capacity  of  ASEAN  Co-ordinator  for  relations  with 
the EU, of its decision to apply for accession to the Treaty of Amity and Cooperation 
in Southeast Asia subject to the understandings expressed in the letter, 

On  28  May  2009,  Thailand,  then  Chair  of  ASEAN,  declared  the  consent  of  all  the 
States in Southeast Asia to the accession to the Treaty by the European Union and the 
European  Community,  subject  to  the  entry  into  force  of  the  Third  Protocol  to  the 
Treaty of Amity and Cooperation in Southeast Asia, 

On  23  July  2010,  a  Third  Protocol  to  the  Treaty  of  Amity  and  Cooperation  in 
Southeast Asia was signed which allows for the accession of regional organisations to 
the  said  Treaty.  Following  the  completion  of  the  ratification  process;  the  Third 
protocol has entered into force on XX.XX.2012 

(4) 

(5) 

(6) 

(7) 

(8) 

The European Union should therefore accede to the Treaty of Amity and Cooperation 
in Southeast Asia. 

HAS ADOPTED THIS DECISION:  

Article 1 

The  accession  of  the  European  Union  to  the  Treaty  of  Amity  and  Cooperation  in  Southeast 
Asia is hereby approved on behalf of the Union. 

The texts of the Treaty of Amity and Cooperation in Southeast Asia and its three amending 
Protocols, as well as the Instrument of Accession to the Treaty of Amity and Cooperation by 
the European Union, are attached to this Decision.  

Article 2 

The High Representative shall sign and deposit the Instrument of Accession to the Treaty of 
Amity  and  Cooperation  on  behalf  of  the  European  Union,  in  her  capacity  as  High 
Representative  for  Foreign  Affairs  and  Security  Policy  and  as  Vice-President  of  the 
Commission. 

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Article 3 

This Decision shall enter into force on the date of its adoption.  

Done at Brussels,  

For the Council 
The President 

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ANNEX 

Treaty of Amity and Cooperation in Southeast Asia  
Indonesia, 24 February 1976 

The High Contracting Parties : 

CONSCIOUS of the existing ties of history, geography and culture, which have bound 
their peoples together; 

ANXIOUS  to  promote  regional  peace  and  stability  through  abiding  respect  for  justice 
and the rule or law and enhancing regional resilience in their relations; 

DESIRING  to  enhance  peace,  friendship  and  mutual  cooperation  on  matters  affecting 
Southeast  Asia  consistent  with  the  spirit  and  principles  of  the  Charter  of  the  United 
Nations, the Ten Principles adopted by the Asian-African Conference in Bandung on 25 
April  1955,  the  Declaration  of  the  Association  of  Southeast  Asian  Nations  signed  in 
Bangkok  on  8  August  1967,  and  the  Declaration  signed  in  Kuala  Lumpur  on  27 
November 1971; 

CONVINCED  that  the  settlement  of  differences  or  disputes  between  their  countries 
should  be  regulated  by rational,  effective  and  sufficiently  flexible  procedures,  avoiding 
negative aftitudes which might endanger or hinder cooperation; 

BELIEVING in the need for cooperation with all peace-loving nations, both within and 
outside Southeast Asia, in the furtherance of world peace, stability and harmony; 

SOLEMNLY  AGREE  to  enter  into  a  Treaty  of  Amity  and  Cooperation  as  follows:

1.1.1.1. 

CHAPTER I : PURPOSE AND PRINCIPLES 

Article 1 

The  purpose  of  this  Treaty  is  to  promote  perpetual  peace,  everlasting  amity  and 
cooperation among their peoples which would contribute to their strength, solidarity and 
closer relationship, 

Article 2 

In their relations with one another, the High Contracting Parties shall be guided by the 
following fundamental principles : 

a.  Mutual  respect  for  the  independence,  sovereignty,  equality,  territorial  integrity  and 
national identity of all nations; 

b. The right of every State to lead its national existence free from external interference, 
subversion or coersion; 

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c. Non-interference in the internal affairs of one another; 

d. Settlement of differences or disputes by peaceful means;   

e. Renunciation of the threat or use of force;  

f. Effective cooperation among themselves.   

1.1.1.2. 

CHAPTER II : AMITY 

Article 3 

In pursuance of the purpose of this Treaty the High Contracting Parties shall endeavour 
to develop and strengthen the traditional, cultural and historical ties of friendship, good 
neighbourliness and cooperation which bind them together and shall fulfill in good faith 
the  obligations  assumed  under  this  Treaty.  In  order  to  promote  closer  understanding 
among  them,  the  High  Contracting  Parties  shall  encourage  and  facilitate  contact  and 
intercourse among their peoples. 

1.1.1.3. 

CHAPTER III : COOPERATION 

Article 4 

The High Contracting Parties shall promote active cooperation in the economic, social, 
technical, scientific and administrative fields as well as in matters of common ideals and 
aspirations  of  international  peace  and  stability  in  the  region  and  all  other  matters  of 
common interest. 

Article 5 

Pursuant  to  Article  4  the  High  Contracting  Parties  shall  exert  their  maximum  efforts 
multilaterally  as  well  as  bilaterally  on  the  basis  of  equality,  non-discrimination  and 
mutual benefit. 

Article 6 

The  High  Contracting  Parties  shall  collaborate  for  the  acceleration  of  the  economic 
growth in the region in order to strengthen the foundation for a prosperous and peaceful 
community  of  nations  in  Southeast  Asia.  To  this  end,  they  shall  promote  the  greater 
utilization  of  their  agriculture  and  industries,  the  expansion  of  their  trade  and  the 
improvement of their economic infrastructure for the mutual benefit of their peoples. In 
this  regard,  they  shall  continue  to  explore  all  avenues  for  close  and  beneficial 
cooperation with other States as well as international and regional ~organisations outside 
the region. 

The High Contracting Parties, in order to achieve social justice and to raise the standards 

Article 7 

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of  living  of  the  peoples  of  the  region,  shall  intensify  economic  cooperation.  For  this 
purpose, they shall adopt appropriate regional strategies for economic development and 
mutual assistance.  

Article 8 

The High Contracting Parties shall strive to achieve the closest cooperation on the widest 
scale  and  shall  seek  to  provide  assistance  to  one  another  in  the  form  of  training  and 
research facilities in the social, cultural, technical, scientific and administrative fields. 

Article 9 

The High Contracting Parties shall endeavour to foster cooperation in the furtherance of 
the  cause  of  peace,  harmony,  and  stability  in  the  region.  To  this  end,  the  High 
Contracting Parties shall maintain regular contacts and consultations with one another on 
international  and  regional  matters  with  a  view  to  coordinating  their  views  actions  and 
policies.  

Article 10 

Each High Contracting Party shall not in any manner or form participate in any activity 
which  shall  constitute  a  threat  to  the  political  and  economic  stability,  sovereignty,  or 
territorial integrity of another High Contracting Party.  

Article 11 

The  High  Contracting  Parties  shall  endeavour  to  strengthen  their  respective  national 
resilience  in  their  political,  economic,  socio-cultural  as  well  as  security  fields  in 
conformity with their respective ideals and aspirations, free from external interference as 
well  as  internal  subversive  activities  in  order  to  preserve  their  respective  national 
identities. 

Article 12 

The High Contracting Parties in their efforts to achieve regional prosperity and security, 
shall endeavour to cooperate in all fields for the promotion of regional resilience, based 
on  the  principles  of  self-confidence,  self-reliance,  mutual  respect,  cooperation and 
solidarity  which  will  constitute  the  foundation  for  a  strong  and  viable  community  of 
nations in Southeast Asia. 

1.1.1.4. 

CHAPTER IV : PACIFIC SETTLEMENT OF DISPUTES 

Article 13 

The  High  Contracting  Parties  shall  have  the  determination  and  good  faith  to  prevent 
disputes  from  arising.  In  case  disputes  on  matters  directly  affecting  them  should  arise, 
especially disputes likely to disturb regional peace and harmony, they shall refrain from 
the  threat  or  use  of  force  and  shall  at  all  times  settle  such  disputes  among  themselves 
through friendly negotiations. 

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Article 14 

To  settle  disputes  through  regional  processes,  the  High  Contracting  Parties  shall 
constitute,  as  a  continuing  body,  a  High  Council  comprising  a  Representative  at 
ministerial  level  from  each  of  the  High  Contracting  Parties  to  take  cognizance  of  the 
existence of disputes or situations likely to disturb regional peace and harmony.  

Article 15 

In  the  event  no  solution  is  reached  through  direct  negotiations,  the  High  Council  shall 
take  cognizance  of  the  dispute  or  the  situation  and  shall  recommend  to  the  parties  in 
dispute  appropriate  means  of  settlement  such  as  good  offices,  mediation,  inquiry  or 
conciliation. The High Council may however offer its good offices, or upon agreement of 
the  parties  in  dispute,  constitute  itself  into  a  committee  of  mediation,  inquiry  or 
conciliation.  When  deemed  necessary,  the  High  Council  shall  recommend  appropriate 
measures for the prevention of a deterioration of the dispute or the situation.  

Article 16 

The foregoing provision of this Chapter shall not apply to a dispute unless all the parties 
to the dispute agree to their application to that dispute. However, this shall not preclude 
the  other  High  Contracting  Parties  not  party  to  the  dispute  from  offering  all  possible 
assistance  to  settle  the  said  dispute.  Parties  to  the  dispute  should  be  well  disposed 
towards such offers of assistance. 

Article 17 

Nothing  in  this  Treaty  shall  preclude  recourse  to  the  modes  of  peaceful  settlement 
contained  in  Article  33(l)  of  the  Charter  of  the  United  Nations.  The  High  Contracting 
Parties which are parties to a dispute should be encouraged to take initiatives to solve it 
by  friendly  negotiations  before  resorting  to  the  other  procedures  provided  for  in  the 
Charter of the United Nations. 

1.1.1.5. 

CHAPTER V : General Provision 

Article 18 

This Treaty shall be signed by the Republic of Indonesia, Malaysia, the Republic of the 
Philippines, the Republic of Singapore and the Kingdom of Thailand. It shall be ratified 
in accordance with the constitutional procedures of each signatory State. It shall be open 
for accession by other States in Southeast Asia.  

Article 19 

This  Treaty  shall  enter  into  force  on  the  date  of  the  deposit  of  the  fifth  instrument  of 
ratification  with  the  Governments  of  the  signatory  States  which  are  designated 
Depositories of this Treaty and the instruments of ratification or accession. 

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Article 20 

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This Treaty is drawn up in the official languages of the High Contracting Parties, all of 
which are equally authoritative. There shall be an agreed common translation of the texts 
in the English language. Any divergent interpretation of the common text shall be settled 
by negotiation. 

IN  FAITH  THEREOF  the  High  Contracting  Parties  have  signed  the  Treaty  and  have 
hereto affixed their Seals. 

DONE  at  Denpasar,  Bali,  this  twenty-fourth  day  of  February  in  the  year  one  thousand 
nine hundred and seventy-six.  

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Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia  
Philippines, 15 December 1987 

The Government of Brunei Darussalam 
The Government of the Republic of Indonesia 
The Government of Malaysia  
The Government of the Republic of the Philippines   
The Government of the Republic of Singapore 
The Government of the Kingdom of Thailand 

DESIRING  to  further  enhance  cooperation  With  all  peace-loving  nations,  both  within 
and outside Southeast Asia and, in particular, neighbouring States of the Southeast Asia 
region 

CONSIDERING Paragraph 5 of the preamble of the Treaty of Amity and Cooperation in 
Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to as 
the  Treaty  of  Amity)  which  refers  to  the  need  for  cooperation  with  all  peace-loving 
nations,  both  within  and  outside  Southeast  Asia,  in  the  furtherance  of  world  peace, 
stability and harmony.  

HEREBY AGREE TO THE FOLLOWING:  

Article 1 

Article 18 of the Treaty of Amity shall be amended to read as follows: 

"This Treaty shall be signed by the Republic of Indonesia, Malaysia, the Republic of the 
Philippines, the Republic of Singapore and the Kingdom of Thailand. It shall be ratified 
in accordance with the constitutional procedures of each signatory State. 

It shall be open for accession by other States in Southeast Asia. 

States  outside  Southeast  Asia  may  also  accede  to  this  Treaty  by  the  consent  of  all  the 
States in Southeast Asia which are signatories to this Treaty and Brunei Darussalam." 

Article 2 

Article 14 of the Treaty of Amity shall be amended to read as follows: 

"The  settle  disputes  through  regional  processes,  the  High  Contracting  Parties  shall 
constitute,  as  a  continuing  body,  a  High  Council  comprising  a  Representative  at 
ministerial  level  from  each  of  the  High  Contracting  Parties  to  take  cognizance  of  the 

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existence of disputes or situations likely to disturb regional peace and harmony. 

However, this article shall apply to any of the States outside Southeast Asia which have 
acceded to the Treaty only in cases where that state is directly involved in the dispute to 
be settled through the regional processes." 

Article 3 

This Protocol shall be subject to ratification and shall come into force on the date the last 
instrument of ratification of the High Contracting Parties is deposited. 

DONE at Manila, the fifteenth day of December in the year one thousand nine hundred 
and eighty-seven.  

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Second Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia 
Manila, Philippines, 25 July 1998  

The Government of Brunei Darussalam 
The Government of the Kingdom of Cambodia 
The Government of the Republic of Indonesia 
The Government of the Lao People's Democratic Republic   
The Government of Malaysia  
The Government of the Union of Myanmar   
The Government of the Republic of the Philippines   
The Government of the Republic of Singapore 
The Government of the Kingdom of Thailand 
The Government of the Socialist Republic of Vietnam 
The Government of Papua New Guinea  

Hereinafter referred to as the High Contracting Parties:  

DESIRING  to  ensure  that  there  is  appropriate  enhancement  of  cooperation  with  all 
peace-loving  nations,  both  within  and  outside  Southeast  Asia  and,  in  particular, 
neighboring States of the Southeast Asia region;  

CONSIDERING Paragraph 5 of the preamble of the Treaty of Amity and Cooperation 
in Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to 
as  the  Treaty  of  Amity)  which  refers  to  the  need  for  cooperation  with  all  peace-loving 
nations,  both  within  and  outside  Southeast  Asia,  in  the  furtherance  of  world  peace, 
stability and harmony.  

HEREBY AGREE TO THE FOLLOWING:  

Article 1 

Article 18, Paragraph 3, of the Treaty of Amity shall be amended to read as follows:  

"States outside Southeast Asia may also accede to this Treaty with the consent of all the 
States  in  Southeast  Asia,  namely,  Brunei  Darussalam,  the  Kingdom  of  Cambodia,  the 
Republic  of  Indonesia,  the  Lao  People's  Democratic  Republic,  Malaysia,  the  Union  of 
Myanmar,  the  Republic  of  the  Philippines,  the  Republic  of  Singapore,  the  Kingdom  of 
Thailand and the Socialist Republic of Vietnam."  

Article 2 

This Protocol shall be subject to ratification and shall come into force on the date the last 
instrument of ratification of the High Contracting Parties is deposited.  

DONE at Manila, the twenty-fifth day of July in the year one thousand nine hundred and 
ninety-eight.  

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Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia  
Ha Noi, Viet Nam, 23 July 2010 

Brunei Darussalam 
Kingdom of Cambodia 
The Republic of Indonesia 
The Lao People's Democratic Republic 
Malaysia 
The Union of Myanmar 
The Republic of the Philippines 
The Republic of Singapore 
The Kingdom of Thailand 
The Socialist Republic of Vietnam 
The Commonwealth of Australia 
The People’s Republic of Bangladesh 
The People’s Republic of China 
The Democratic People’s Republic of Korea  
The French Republic   
The Republic of India  
Japan   
Mongolia 
New Zealand   
The Islamic Republic of Pakistan 
Papua New Guinea 
The Republic Of Korea 
The Russian Federation 
The Democratic Socialist Republic of Sri Lanka 
The Democratic Republic of Timor-Leste 
The Republic of Turkey 
The United States of America 

Hereinafter referred to as the High Contracting Parties:  

DESIRING  to  ensure  that  there  is  appropriate  enhancement  of  cooperation  with  all 
peace-loving  nations,  both  within  and  outside  Southeast  Asia  and,  in  particular, 
neighboring  States  of  the  Southeast  Asia  region,  as  well  as  with  regional  organisations 
whose members are only sovereign States;  

CONSIDERING Paragraph 5 of the preamble of the Treaty of Amity and Cooperation 
in Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to 
as  the  Treaty  of  Amity)  which  refers  to  the  need  for  cooperation  with  all  peace-loving 
nations,  both  within  and  outside  Southeast  Asia,  in  the  furtherance  of  world  peace, 
stability and harmony;  

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HEREBY AGREE TO THE FOLLOWING:  

Article 1 

Article 18, Paragraph 3, of the Treaty of Amity shall be amended to read as follows:  

"This Treaty  shall  be open  for accession by States outside Southeast Asia and regional 
organisations whose members are only sovereign States with the consent of all the States 
in Southeast Asia, namely, Brunei Darussalam, the Kingdom of Cambodia, the Republic 
of Indonesia, the Lao People's Democratic Republic, Malaysia, the Union of Myanmar, 
the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and 
the Socialist Republic of Vietnam."  

Article 2 

Article 14, Paragraph 2, of the Treaty of Amity shall be amended to read as follows:  

“However,  this  article  shall  apply  to  any  of  the  High  Contracting  Parties  which  have 
acceded  to  the  Treaty  only  in  cases  where  that  High  Contracting  Party  is  directly 
involved in the dispute to be settled through the regional processes."  

Article 3 

This Protocol shall be subject to ratification and shall come into force on the date of the 
last instrument of ratification of the High Contracting Parties is deposited follows 

DONE at Hanoi, Viet Nam, the Twenty-Third day of July in the Year Two Thousand and 
Ten in a single copy in the English language.  

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Instrument of Accession to the Treaty of Amity and Cooperation in Southeast 

Asia by the European Union 

WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed 
on 24 February 1976 in Bali, Indonesia, was amended by the First, the Second and the 
Third  Protocols  Amending  the  Treaty  of  Amity  and  Cooperation  in  Southeast  Asia, 
which were signed on 15 December 1987, 25 July 1998 and 23 July 2010 respectively; 

WHEREAS Article 18, Paragraph 3, of the aforesaid Treaty as amended by Article 1 of 
the  aforesaid  Third  Protocol  provides  that  regional  organisations  whose  members  are 
only  sovereign  States  may  accede  to  the  Treaty  with  the  consent  of  all  the  States  in 
Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of 
Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the 
Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the 
Socialist Republic of Viet Nam; 

WHEREAS the Minister of Foreign Affairs of Finland and the Member of the European 
Commission responsible for External Relations and the European Neighbourhood Policy 
lodged an application for the accession of the European Union to the Treaty through the 
letter dated 7 December 2006; 

WHEREAS  the  States  in  Southeast  Asia  have  consented  to  the  accession  of  the 
European Union to the Treaty;  

The  European  Union  hereby  accedes  to  the  Treaty  of  Amity  and  Cooperation  in 
Southeast Asia with effect of the date of deposit of this instrument. 

IN WITNESS WHEREOF, this Instrument of Accession is signed by the [TITLE]. 

DONE at [place], [country], this [date] Day of [month] in the Year Two Thousand and 
[year]. 

For the European Union 

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