Proposal for a COUNCIL DECISION on the conclusion of the Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part
Date: 2013-04-24
Institutions: European Commission
Subjects: Indonesia, association agreement (EU), cooperation agreement (EU), framework agreement

EUROPEAN 
COMMISSION 

Brussels, 24.4.2013  
COM(2013) 230 final 

2013/0120 (NLE) 

Proposal for a 

COUNCIL DECISION 

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

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EXPLANATORY MEMORANDUM 

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

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

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

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

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

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

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

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

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

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

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

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2013/0120 (NLE) 

Proposal for a 

COUNCIL DECISION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

In accordance with the decision of the Council of 5 November 20091, the Framework 
Agreement  on  Comprehensive  Partnership  and  cooperation  between  the  European 
Community and its Member States, of the one part, and the Republic of Indonesia, of 
the other part was signed on 9 November 2009, subject to its conclusion at a later date. 

(2) 

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

HAS ADOPTED THIS DECISION:  

Article 1 

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

The text of the Agreement is attached to this Decision. 

Article 2 

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

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

Article 3 

Article 4 

1 

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

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

Done at Brussels,  

For the Council 
The President 

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

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THE EUROPEAN COMMUNITY,  

hereinafter referred to as "the Community" and 

THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

IRELAND, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBURG, 

THE REPUBLIC OF HUNGARY, 

MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

ROMANIA, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

Contracting  Parties  to  the  Treaty  establishing  the  European  Community  and  the  Treaty  on 
European Union, hereinafter referred to as the "Member States",  

THE GOVERNMENT OF THE REPUBLIC OF INDONESIA, 

Hereinafter jointly referred to as "the Parties", 

of the one part, and  

of the other part, 

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

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

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

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

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

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

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

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

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

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

RECOGNISING the importance of the Cooperation Agreement of 7 March 1980 between the 
European  Economic  Community  and  Indonesia,  Malaysia,  the  Philippines,  Singapore  and 
Thailand – member countries of the Association of South-East Asian Nations (ASEAN) and 
subsequent accession protocols, 

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

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

PURSUANT to their respective laws and regulations, 

HAVE AGREED AS FOLLOWS: 

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TITLE I 

NATURE AND SCOPE 

ARTICLE 1 

General Principles 

1. 

2. 

3. 

4. 

5. 

6. 

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

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

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

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.  

The Parties reaffirm their attachment to the principles of good governance, the rule 
of law, including the independence of the judiciary, and the fight against corruption. 

The  implementation  of  this  Partnership  and  Cooperation  Agreement  shall  be  based 
on the principles of equality and mutual benefit.  

ARTICLE 2 

Aims of Cooperation 

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

(a) 

(b) 

(c) 

(d) 

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

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

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

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

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(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

protection; cooperation on the modernisation of the state and public administration; 
and intellectual property rights; 

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

establishing cooperation on human rights and legal affairs;  

establishing  cooperation  on  countering  the  proliferation  of  weapons  of  mass 
destruction; 

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

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

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

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

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1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

ARTICLE 3 

Countering the Proliferation of Weapons of Mass Destruction 

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  and  to  contribute  to  countering  the 
proliferation of weapons of mass destruction and their means of delivery through full 
compliance  with  and  national  implementation  of  their  existing  obligations  under 
multilateral disarmament and non-proliferation treaties/conventions, as well as other 
multilaterally negotiated agreements and international obligations under the Charter 
of  the  United  Nations.  The  Parties  agree  that  this  provision  constitutes  an  essential 
element of this agreement.  

The  Parties  further  agree  to  cooperate  in  and  take  steps  towards  strengthening  the 
implementation of international instruments on disarmament and non-proliferation of 
weapons  of  mass  destruction,  applicable  to  both  Parties,  amongst  others  through 
sharing of information, expertise and experience.  

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

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

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

ARTICLE 4 

Legal Cooperation 

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

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

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

4. 

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

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ARTICLE 5 

1. 

2. 

– 

– 

– 

– 

Cooperation in Combating Terrorism 

The  Parties,  reaffirming  the  importance  of  the  fight  against  terrorism,  and  in 
accordance  with  applicable  international  conventions,  including  human  rights 
instruments  and  international  humanitarian  law,  as  well  as  with  their  respective 
legislation  and  regulations,  and,  taking  into  account  the  UN  Global  Counter–
Terrorism Strategy, contained in the UNGA Resolution No. 60/288 of 8 September 
2006, and the Joint EU-ASEAN Declaration on cooperation to combat terrorism of 
28  January  2003,  agree  to  cooperate  in  the  prevention  and  suppression  of  terrorist 
acts.  

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

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

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

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

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

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TITLE II 

COOPERATION IN REGIONAL AND INTERNATIONAL ORGANISATIONS 

ARTICLE 6 

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

TITLE III 

BILATERAL AND REGIONAL COOPERATION 

ARTICLE 7 

1. 

2. 

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

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

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TITLE IV 

COOPERATION ON TRADE AND INVESTMENT 

ARTICLE 8 

General Principles 

1. 

2. 

3. 

4. 

5. 

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

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

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

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

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

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ARTICLE 9 

Sanitary and Phytosanitary (SPS) Issues 

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

ARTICLE 10 

Technical Barriers to Trade (TBT) 

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

ARTICLE 11 

Intellectual Property Rights Protection 

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

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ARTICLE 12 

Trade Facilitation 

The Parties shall share experiences and examine possibilities to simplify import, export and 
other  customs  procedures,  increase  transparency  of  trade  regulations  and  develop  customs 
including  mutual  administrative  assistance  mechanisms  and  also  seek 
cooperation, 
convergence of views  and joint action in  the context  of  international initiatives. The Parties 
will pay special attention to increasing the security dimension of international trade, including 
transport  services,  and  to  ensuring  a  balanced  approach  between  trade  facilitation  and  the 
fight against fraud and irregularities. 

ARTICLE 13 

Customs Cooperation 

Without  prejudice  to  other  forms  of  cooperation  provided  for  under  this  Agreement,  both 
Parties state their interest, in considering the possibility, in the future, of the conclusion of a 
protocol  on  customs  cooperation,  including  mutual  assistance,  within  the  institutional 
framework laid down in this Agreement. 

ARTICLE 14 

Investment 

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

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ARTICLE 15 

Competition Policy 

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

ARTICLE 16 

Services 

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

TITLE V 

COOPERATION IN OTHER SECTORS 

ARTICLE 17 

Tourism 

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

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

tourism  business 

to 

ARTICLE 18 

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2. 

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Financial Services 

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

ARTICLE 19 

Economic Policy Dialogue 

1. 

2. 

3. 

1. 

– 

– 

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

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

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

ARTICLE 20 

Industrial Policy and SME Cooperation 

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

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

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

EN 

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– 

– 

2. 

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

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

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

ARTICLE 21 

Information Society 

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

(a) 

(b) 

(c) 

(d) 

(e) 

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

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

standardisation  and  dissemination  of  new 
technologies; 

information  and  communications 

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

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

(f) 

security issues/aspects of ICT. 

EN 

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ARTICLE 22 

Science and Technology 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

3. 

4. 

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

The aims of such cooperation shall be to: 

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

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

promote human resources training; 

promote other forms of mutually agreed cooperation. 

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

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

ARTICLE 23 

Energy 

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

(a) 

(b) 

(c) 

(d) 

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

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

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

addressing 
development. 

the 

links  between  affordable  access 

to  energy  and  sustainable 

ARTICLE 24 

Transport 

20 

EN 

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1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

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

The forms of cooperation may include, inter alia:  

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

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

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

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

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

EN 

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ARTICLE 25 

Education and Culture 

1. 

2. 

3. 

4. 

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

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

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

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

EN 

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ARTICLE 26 

Human Rights 

1. 

2. 

(a) 

(b) 

(c) 

3. 

1. 

2. 

3. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

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

Such cooperation may include, inter alia:  

supporting the implementation of the Indonesian National Plan of Action of Human 
Rights; 

human rights promotion and education; 

strengthening of human rights-related institutions; 

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

ARTICLE 27 

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

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

environmental awareness and law enforcement capacity; 

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

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

promoting  environmental  technologies,  products  and  services,  including  capacity 
building in 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 and sustainable development; 

EN 

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(h) 

(i) 

soils and land management;  

taking measures to counter transboundary haze pollution. 

The  Parties  shall  encourage  mutual  access  to  their  programmes  in  this  field,  in 

4. 
accordance with the specific terms of such programmes. 

ARTICLE 28 

Forestry 

1. 

2. 

3. 

(a) 

(b) 

(c) 

(d) 

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

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

The Parties shall develop cooperation programmes, among others on: 

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

capacity building, research and development; 

Support for the development of a sustainable forest sector; 

the development of forest certification. 

EN 

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ARTICLE 29 

Agriculture and Rural Development 

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

agricultural policy and international and agricultural outlook in general; 

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

development policy in rural areas; 

quality policy for crops, and livestock, and Protected Geographical Indications; 

market development and the promotion of international trade relations; 

development of sustainable agriculture. 

ARTICLE 30 

Marine and Fisheries 

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

(a) 

(b) 

(c) 

exchange of information; 

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

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

(d) 

market development and capacity building. 

EN 

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ARTICLE 31 

Health 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

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

Cooperation shall take place mainly through: 

exchange of information and experiences in the abovementioned areas; 

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

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

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

ARTICLE 32 

Statistics 

The Parties agree to promote in accordance with existing activities on statistical cooperation 
between  the  Community  and  ASEAN,  the  harmonisation  of  statistical  methods  and  practice 
including  the  gathering  and  dissemination  of  statistics,  thus  enabling  them  to  use,  on  a 
mutually  acceptable  basis,  statistics  on  trade  in  goods  and  services  and,  more  generally,  on 
any other area covered by this Agreement which lends itself to statistical processing, such as 
collection, analysis and dissemination. 

EN 

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1. 

2. 

1. 

ARTICLE 33 

Personal Data Protection 

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

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

ARTICLE 34 

Migration 

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

EN 

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2. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

3. 

(a) 

(b) 

4. 

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

addressing root causes of migration; 

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

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

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

technical and human capacity building; 

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

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

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

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

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

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

EN 

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ARTICLE 35 

Combating Organised Crime and Corruption 

The  Parties  agree  to  cooperate  and  contribute  to  the  fight  against  organised,  economic  and 
financial  crime  and  corruption  through  full  compliance  with  their  existing  mutual 
international  obligations  in  this  area  including  on  effective  cooperation  in  the  recovery  of 
assets or funds derived from acts of corruption. This provision constitutes an essential element 
of this Agreement.  

ARTICLE 36 

Cooperation in Combating Illicit Drugs 

1. 

2. 

3. 

4. 

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

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. 

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

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

EN 

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ARTICLE 37 

Cooperation in Combating Money Laundering 

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

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

The cooperation shall allow exchanges of relevant information within the framework 
of respective legislations and the adoption of appropriate standards to combat money 
laundering and financing of terrorism equivalent to those adopted by the Community 
and  relevant  international  bodies  active  in  this  area,  such  as  the  Financial  Action 
Task Force on Money Laundering (FATF). 

ARTICLE 38 

Civil Society 

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

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

participate in the policy-making process at national level; 

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

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

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

1. 

2. 

3. 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

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ARTICLE 39 

Cooperation on the Modernisation of the State 
and Public Administration 

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

1. 

2. 

improving organisational efficiency; 

increasing institutions' effectiveness in service delivery; 

ensuring transparent management of public resources and accountability; 

improving the legal and institutional framework; 

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

reinforcing the judiciary systems; 

improving law enforcement mechanisms and agencies.  

ARTICLE 40 

Means of Cooperation 

The  Parties  agree  to  make  available  the  appropriate  resources,  including  financial 
means, insofar as their respective resources and regulations allow, in order to fulfil 
the cooperation objectives set out in this Agreement. 

The Parties shall encourage the European Investment Bank to continue its operations 
in Indonesia, in accordance with its procedures and financing criteria and Indonesia's 
laws and regulations.  

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TITLE VI 

INSTITUTIONAL FRAMEWORK 

ARTICLE 41 

Joint Committee 

1. 

(a) 

(b) 

(c) 

(d) 

2. 

3. 

4. 

5. 

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

ensure the proper functioning and implementation of this Agreement; 

set priorities in relation to the aims of this Agreement; 

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

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

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

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

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

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

EN 

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TITLE VII 

FINAL PROVISIONS 

ARTICLE 42 

Future Development Clause 

1. 

2. 

1. 

2. 

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

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

ARTICLE 43 

Other Agreements 

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

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

EN 

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ARTICLE 44 

Settlement Mechanism 

1. 

2. 

3. 

4. 

(i) 

(ii) 

5. 

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

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

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

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

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

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

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

ARTICLE 45 

Facilities 

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

EN 

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ARTICLE 46 

Territorial Application 

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

ARTICLE 47 

Definition of the Parties 

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

ARTICLE 48 

Entry into Force and Duration 

1. 

2. 

3. 

4. 

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

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

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

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

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ARTICLE 49 

Notification 

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

ARTICLE 50 

Authentic Text 

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

Done in duplicate at ………………… [place] on this …………………………….. day of 

[month] in the year Two Thousand and … 

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FINAL ACT 

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The Plenipotentiaries of  

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

And 

THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

IRELAND, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

ROMANIA, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

Contracting  Parties  to  the  Treaty  establishing  the  European  Community  and  the  Treaty  on 
European Union, hereinafter referred to as "the Member States" 

of the one part, and 

THE REPUBLIC OF INDONESIA 

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of the other part, 

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

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

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

Done at (…), on (…)  

The European Community 

The Republic of Indonesia 

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