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# 52014PC0070

**Proposal for a COUNCIL DECISION on the signing, on behalf of the Union, of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part /\* COM/2014/070 final - 2014/0036 (NLE) \*/**

  

EXPLANATORY MEMORANDUM

On 25 November 2004, the Council authorised
the Commission to negotiate a Partnership and Cooperation Agreement (PCA) with
six ASEAN countries, including Singapore. Negotiations with Singapore were launched in October 2005 and were finalised at the end May 2013. The two
sides initialled the PCA in Singapore on 14 October 2013.

The PCA with Singapore is the fourth of the
'second generation' agreements with individual ASEAN countries that has been
initialled, following the agreements with Indonesia, the Philippines and Vietnam. It will supersede the current legal framework of the 1980 Cooperation
Agreement between the European Economic Community and member countries of the
Association of South-East Asian Nations.

This Agreement with Singapore constitutes another stepping stone towards enhanced political and economic involvement of
the EU in South-East Asia. The PCA will also provide the basis for more
effective bilateral engagement by the EU and its Member States with Singapore by strengthening political dialogue and enhancing
cooperation in a broad range of areas.

The PCA covers the EU’s standard political
clauses on human rights, International Criminal Court (ICC), Weapons of Mass Destructions
(WMD), Small Arms and Light Weapons (SALW) and counter-terrorism. It also
encompasses cooperation in areas such as health, environment, climate change,
energy, tax, education and culture, labour, employment and social affairs,
science and technology, and transport. The Agreement further addresses legal
cooperation, money laundering and terrorist financing, organised crime and
corruption.

The PCA contains a Side Letter, which forms
an integral part of the Agreement. The Side Letter confirms the parties'
understanding that, at the time of signature of the Agreement, they are not
aware, based on objectively available information, of any of each other’s
domestic laws, or their application, which could lead to the invocation of the
non-execution mechanism.

The PCA also contains provisions on cooperation
in the tax area. In view of the developments at the international level on a
new global standard of automatic exchange of information for tax purposes, it
is deemed appropriate that, at the time of signature of the PCA, both sides
sign a Joint Declaration on this issue. While not an integral part of the PCA,
the Joint Declaration shall express a firm political commitment on the
intention of both sides to adhere to the new standard in their bilateral
relations.

The PCA is complemented by the Free Trade Agreement which was initialled by the EU
and Singapore on 20 September 2013. The two agreements give the EU and Singapore a platform to bring their relations to a higher level.

The Commission notes that Council Decision
No 2012/272/EU on the signing of the PCA Philippines is the subject of Court
Case C-377/12: the Commission asked the Court to annul this Decision insofar as
the Council had added legal bases relating to transport (Articles 91 and 100
TFEU), readmission (Article 79(3) TFEU) and the environment (Article 191(4)
TFEU). Court Case C-377/12 is of relevance to the proposal for a Council
Decision on the signing of the PCA with Singapore, too. Subject to the Court
ruling in Case-377/12, the proposal for a Council Decision on the signing of
the PCA Singapore is based on Articles 207, 212 and 218(5).

The Commission draws the attention of the
Council to the recital in the Agreement relating to the specific position of
the UK, Ireland and Denmark based on Protocols 21 and 22 of the Treaties. The
addition of this recital is due to the genesis of this text only. Depending on
the outcome of case C-377/12, currently pending before the Court of Justice,
this recital may have to be dropped or reworded at a later stage. The
Commission takes the view that, as long as this case is pending, the procedure
for conclusion of this Agreement cannot be finalised.

2014/0036 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the Union, of
the Partnership and Cooperation Agreement between the European Union and its
Member States, of the one part, and the Republic of Singapore, 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 212 in
conjunction with Article 218(5) thereof,

Having regard to the proposal from the
European Commission[1],

Whereas:

(1)       On 25 November 2004, the
Council authorised the Commission to negotiate a Partnership and Cooperation
Agreement with the Republic of Singapore, hereinafter referred to as ‘the
Agreement’.

(2)       The negotiations were
concluded and the Agreement was initialled on 14 October 2013.

(3)       The Agreement should be
signed, subject to its conclusion at a later date. It is accompanied by a Side
Letter forming an integral part of the Agreement, which should be signed at the
same time as the Agreement.

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Partnership and
Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part, and of the Side
Letter attached to the Agreement is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement[2].

Article 2

The Council Secretariat General shall
establish the instrument of full powers to sign the Agreement, subject to its
conclusion, and the Side Letter, for the person(s) indicated by the negotiator
of the Agreement.

Article 3

This
Decision will enter into force on the day following its adoption.

Done at Brussels,

                                                                       For
the Council

                                                                       The
President

[1]               OJ C , , p. .

[2]               The text of the Agreement will be published together
with the decision on its conclusion.

ANNEX I
PARTNERSHIP AND COOPERATION AGREEMENT
between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,

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 REPUBLIC OF CROATIA,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

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 on
European Union and the Treaty on the Functioning of the European Union,
hereinafter referred to as the ‘Member States’,

of the
one part, and

THE REPUBLIC OF SINGAPORE,

of the
other part,

hereinafter jointly referred to as ‘the
Parties’,

CONSIDERING the traditional links of
friendship between the Parties 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;

WHEREAS the Parties consider that this Agreement
forms part of a wider and coherent relationship between them through agreements
to which both sides are parties together;

REAFFIRMING the attachment of the Parties
to the respect for democratic principles and human rights and fundamental
freedoms as laid down in the Universal Declaration of Human Rights and other
applicable international human rights instruments to which the Parties are
Contracting Parties;

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
principles of sustainable development and the need to protect the environment;

REAFFIRMING their desire to enhance
cooperation on international stability, justice and security as a basic
precondition to promoting sustainable social and economic development, the
eradication of poverty and the achievement of the United Nations (UN) Millennium
Development Goals;

EXPRESSING their full commitment to
fighting all forms of terrorism and to establishing effective international
instruments to ensure its eradication in accordance with relevant United Nations
Security Council (UNSC) instruments, particularly UNSC Resolution 1373;

WHEREAS the Union adopted a comprehensive
Plan of Action on Combating Terrorism in 2001, updated it in 2004 and took a wide
range of measures as a consequence; in the wake of the Madrid attacks, the
European Council issued a major Declaration on Combating Terrorism on 25 March
2004; the Union also adopted a Counter-Terrorism Strategy in December 2005;

REAFFIRMING that the most serious crimes of
concern to the international community as a whole must not go unpunished and
that their effective prosecution must be ensured by taking measures at the national
level and by enhancing international collaboration;

CONSIDERING that the fair and independent
functioning of the International Criminal Court constitutes an important
development for peace and international justice;

WHEREAS the European Council identified the
proliferation of weapons of mass destruction and their means of delivery as a
major threat to international security, and adopted on 12 December 2003 a
Strategy against Proliferation of Weapons of Mass Destruction; the Council of
the European Union had already adopted, on 17 November 2003, a Union policy of
mainstreaming non-proliferation policies into Union’s relations with third
countries; the adoption by consensus of UNSC Resolution 1540 underlines the
commitment of the whole international community to fight against proliferation of
weapons of mass destruction (WMD) and their means of delivery. This commitment
of the international community was reiterated by the adoption of UNSC
Resolution 1673 and UNSC Resolution 1810;

WHEREAS the
European Council expressed the view that Small Arms and Light Weapons (SALW)
constitute a growing threat to peace, security and development and adopted on
16 December 2005 a Strategy to combat illicit accumulation and trafficking of
SALW and their ammunition. In this Strategy, the European Council emphasised
the need to ensure a comprehensive and consistent approach to security and
development policy;

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 Southeast Asian Nations (ASEAN) and its
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,
respect for the natural environment and mutual benefit;

CONFIRMING their desire to enhance, in full
concord with activities undertaken in a regional framework, the cooperation
between the Union and the Republic of Singapore, based on shared values
and mutual benefit;

CONFIRMING their desire to enhance
understanding between Asia and Europe on the basis of equality, respect for one
another’s cultural and political norms, and acceptance of divergent views;

CONFIRMING their desire to strengthen trade
relations through the conclusion of a Free Trade Agreement;

NOTING that the provisions of this
Agreement that fall within the scope of Part Three, Title V of the
Treaty on the Functioning of the European Union bind the United Kingdom and
Ireland as separate Contracting Parties, and not as part of the Union, unless
the Union together with the United Kingdom and/or
Ireland have jointly notified Singapore that the United
Kingdom and/or Ireland is bound as part of the Union in accordance with
the Protocol (No. 21) on the position of the United Kingdom and Ireland in
respect of the area of freedom, security and justice annexed to the Treaty on
European Union and the Treaty on the Functioning of the European Union. If the
United Kingdom and/or Ireland ceases to be bound as part of the Union in
accordance with Article 4a of Protocol No. 21, the Union together with the
United Kingdom and/or Ireland shall immediately inform Singapore of any change
in their position in which case they shall remain bound by the provisions
of the Agreement in their own right. The same applies to Denmark in accordance with the Protocol (No. 22) on the position of Denmark annexed to those
Treaties,

HAVE AGREED AS FOLLOWS:

Title
I
NATURE AND SCOPE

Article
1

General
Principles

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

2.         The Parties confirm their shared
values as expressed in the Charter of the United Nations (UN Charter).

3.         The
Parties confirm their commitment to promoting sustainable development, to cooperating to address the challenges of climate change
as well as globalisation and to contributing to reaching the Millennium
Development Goals.

4.         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.

5.         The Parties shall cooperate
under this Agreement in a manner in accordance with their respective domestic
laws, rules and regulations.

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 sectors of mutual interest.
Their efforts will in particular be aimed at:

(a)        establishing cooperation in all
relevant regional and international fora and organisations;

(b)        establishing cooperation on
combating terrorism and transnational crimes;

(c)        establishing cooperation on
combating the most serious crimes of international concern;

(d)       establishing cooperation on
countering the proliferation of weapons of mass destruction, their means of
delivery and the illegal stockpiling of and illicit trade in small arms and
light weapons in all its aspects;

(e)        securing the conditions for and
promoting the increase and development of trade between the Parties to their
mutual advantage;

(f)        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, in a manner which is consistent with and complementary to ongoing
and future regional EU-ASEAN initiatives;

(g)        establishing
cooperation in the area of justice, freedom and security, including the rule of
law and legal cooperation, data protection, migration, smuggling and
trafficking in human beings, combating transnational organised crime, money
laundering and illicit drugs;

(h)        establishing cooperation in all
other sectors of mutual interest, notably customs, macro-economic policy and
financial institutions, in the tax area, industrial
policy and small and medium enterprises, information society, science and
technology, energy, transport, education and culture, environment and natural
resources, health and statistics;

(i)         enhancing existing and encouraging
new participation of the Republic of Singapore within the Union’s Asia-wide
cooperation programmes;

(j)         raising the roles and profiles of the Parties in each other’s regions;

(k)        establishing a regular dialogue
with the aim of enhancing the mutual understanding of each other’s societies
and of fostering awareness of different cultural, religious and societal views
in both Asia and Europe.

Title
II

BILATERAL,
REGIONAL AND INTERNATIONAL COOPERATION

Article
3

Cooperation
in Regional and International Organisations

1.         The Parties undertake to
exchange views and cooperate within the framework of regional and international
fora and organisations such as the UN, ASEAN-EU dialogue, ASEAN Regional
Forum, the Asia-Europe Meeting (ASEM), and the World Trade Organization (WTO),
when the Parties agree that such exchange and cooperation are of mutual
benefit.

2.         The Parties also agree to
promote cooperation in these fields between think-tanks, academics,
non-governmental organisations and the media through the organisation of
seminars, conferences and other related activities, provided
that such cooperation is based on mutual consent.

Article
4

Regional
and Bilateral Cooperation

1.         For each sector of dialogue and
cooperation under this Agreement, and while giving due emphasis to matters
under bilateral cooperation, both sides will 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 EU and ASEAN partners,
while making the best possible use of available resources, taking account of
the political and institutional feasibility, and ensuring coherence with other
activities involving EU and ASEAN partners.

2.         The Parties may, as appropriate,
decide to extend financial support to cooperation activities in the areas covered
by this 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.

Title
III

COOPERATION
ON INTERNATIONAL STABILITY, JUSTICE, SECURITY AND DEVELOPMENT

Article
5

Cooperation
in Combating Terrorism

The Parties reaffirm the importance of the fight against terrorism, in accordance
with the rule of law and their respective obligations under the UN Charter,
relevant UNSC resolutions and international law, including applicable human
rights, refugee and international humanitarian law. Within this framework and
taking into account the UN Global Counter-Terrorism Strategy, contained in UN
General Assembly Resolution No. 60/288 of 8 September 2006 as well as the Joint
EU-ASEAN Declaration of 28 January 2003 on cooperation to combat terrorism, the
Parties agree to cooperate in the prevention and suppression of terrorism, in
particular, as follows:

(a)        in
the framework of the full implementation of UNSC Resolution 1373 and other
applicable UN resolutions, international conventions and instruments;

(b)        by
exchanging information on terrorist groups and their support networks in
accordance with applicable international and national law;

(c)        by
exchanging 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;

(d)       by
cooperating, so as to deepen the international consensus on the fight against
terrorism and its normative framework and by working towards an agreement on
the Comprehensive Convention on International Terrorism as soon as possible so as
to complement the existing UN counter-terrorism instruments;

(e)        by
promoting cooperation among UN Member States to effectively implement the UN
Global Counter-Terrorism Strategy by all appropriate means;

(f)        by
exchanging best practices in the area of protection of human rights in the
fight against terrorism.

The Parties agree that cooperation under
this Article will be as permitted under their respective domestic laws, rules
and regulations.

Article
6

Implementation
of International Obligations for the Purpose of Punishing Serious Crimes of
International Concern

1.         The Parties reaffirm that the
most serious crimes of concern to the international community as a whole must
not go unpunished and that their effective prosecution must be ensured by
taking measures at the national level and in accordance with their respective
existing international obligations, through cooperation with international
tribunals set up for those purposes.

2.         The Parties consider that the
establishment and effective functioning of such tribunals constitute an
important development for international peace and justice. The Parties agree to
cooperate to share experiences and technical expertise on the legal adjustments
required to implement and fulfil their respective international obligations.

3.         The Parties acknowledge the
importance of the International Criminal Court in the context of combating
impunity and agree to pursue a dialogue on its fair and independent
functioning.

Article
7

Countering
the Proliferation of Weapons of Mass Destruction

1.         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.

2.         The Parties therefore agree to
cooperate and to contribute to countering the proliferation of WMD and their
means of delivery through full compliance with and national implementation of
their existing obligations under international disarmament and non-proliferation
treaties and agreements and other applicable UN resolutions and international
instruments to which the Parties are Contracting Parties. The Parties agree
that this provision constitutes an essential element of this Agreement.

3.         The Parties furthermore agree to
cooperate and to contribute to countering the proliferation of WMD and their
means of delivery by:

(a)        each
Party taking, as appropriate, steps, to sign, ratify, or accede to, and fully
implement all other international instruments relevant to the fight against the
proliferation of WMD; and

(b)        the establishment of an
effective system of national export controls, controlling the export and
transit of WMD-related goods, including a WMD end-use control on dual use
goods/technologies and with effective means of legal or administrative
enforcement, including effective penalties and
preventive measures against breaches of export controls.

4.         As part of the cooperation, the
Parties agree to have a regular dialogue on issues relating to countering the
proliferation of WMD. Such dialogue may take place on a regional basis.

Article
8

Small
Arms and Light Weapons

1.         The Parties recognise that the
illicit manufacture, transfer and circulation of SALW, including their
ammunition, and their excessive accumulation and uncontrolled spread, continue
to pose a serious threat to peace and international security.

2.         The Parties agree to observe and
fully implement their respective obligations to deal with the illicit trade in SALW,
including their ammunition, under international agreements to which the Parties
are Contracting Parties and under relevant UNSC resolutions, as well as their
commitments within the framework of other international instruments applicable
in this area, such as the UN Programme of Action to Prevent, Combat and Eradicate
the Illicit Trade in Small Arms and Light Weapons in All Its Aspects.

3.         The Parties undertake to
cooperate and to ensure coordination, complementarity and synergy in their
efforts, in accordance with their international obligations, to deal with the
illicit trade in SALW, including their ammunition, at global, regional,
sub-regional and national levels and agree to establish regular dialogue that
will accompany and consolidate this undertaking.

Title
IV

COOPERATION
ON TRADE AND INVESTMENT ISSUES

Article
9

General
Principles

1.         The Parties shall engage in a
bilateral dialogue on trade and investment issues
with a view to strengthening and advancing the multilateral trading system and
bilateral trade between the Parties.

2.         To
this end, the Parties shall give effect to their mutual cooperation in trade
and investment including through the Free Trade Agreement. The aforementioned agreement shall constitute a
specific agreement giving effect to the trade provisions of this Agreement and shall
be an integral part of the overall bilateral relations and the common
institutional framework, as referred to in Article 43(3).

3.         The Parties may wish to develop
their trade and investment relations by addressing, among other issues, the
following areas referred to in Article 10 to Article 16.

Article
10

Sanitary
and Phytosanitary (SPS) Issues

The Parties may discuss and exchange
information on legislation, certification and inspection procedures, especially
within the framework of the Agreement on the
Application of Sanitary and Phytosanitary Measures contained in Annex 1A of the
Marrakesh Agreement Establishing the World Trade
Organization done at Marrakesh on 15 April 1994.

Cooperation may include the following:

(a)        addressing bilateral sanitary and
phytosanitary problems that a Party raises;

(b)        exchanging information on
sanitary and phytosanitary matters;

(c)        promoting the use of
international standards where they exist; and

(d)       establishing a mechanism for
dialogue on best practices related to standards, testing and certification
procedures, and evaluating regional or national standards for their
equivalence.

Article
11

Technical
Barriers to Trade (TBT) Issues

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

Article
12

Customs

1.         The Parties shall share their
experience in and examine possibilities for simplifying import, export and
other customs procedures, ensuring the transparency of customs and trade
regulations, developing customs cooperation and effective assistance
mechanisms, to seek convergence of views and
joint action in the context of relevant international initiatives including
trade facilitation.

2.         The Parties will pay special
attention to enhancing the security and safety of international trade, ensuring
a balanced approach between trade facilitation and the fight against fraud and
irregularities.

Article
13

Investment

The Parties may encourage 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 stable, transparent, open and non-discriminatory rules for
investors.

Article
14

Competition
Policy

The Parties may
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
15

Services

The Parties may 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.

Article
16

Intellectual
Property Protection

The Parties attach importance to
intellectual property rights[1],
recognising their growing importance for the creation of innovative products,
services and technologies in their respective countries, and agree to continue
to cooperate and to exchange non-confidential information on mutually agreed
activities and projects, with a view to promoting, protecting and enforcing
these rights, including their effective and efficient customs enforcement.

Title
V

COOPERATION
IN THE AREA OF JUSTICE, FREEDOM AND SECURITY

Article
17

Rule of Law and Legal Cooperation

1.         In their cooperation in the area
of justice, freedom and security the Parties shall attach particular importance
to the promotion of the rule of law, and the reinforcement of institutions at
all levels in the areas of law enforcement and the administration of justice in
particular.

2.         Cooperation between the Parties
will also include mutual exchange of information concerning legal systems and
legislation.

Article
18

Data
Protection

1.         The Parties agree to establish a
dialogue in order to improve the protection of personal data, with
reference to best international principles and practices such as that contained
in the UN Guidelines for the Regulation of Computerized Personal Data Files (UN
General Assembly Resolution No. 45/95 of 14 December 1990).

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

Article
19

Migration

1.         The Parties reaffirm the
importance of joint management of migration flows between their territories.

2.         The Parties shall establish a
mechanism for dialogue on migration-related issues, including legal and illegal migration, smuggling and trafficking in
human beings and issues related to international protection for those in need.
Any such dialogue shall be based upon a mutually agreed agenda, terms and
issues.

3.         Each Party may, as it deems
appropriate, include migration concerns in its strategies for economic and
social development from its perspective as a country of origin, transit and/or
destination of migrants.

4.         Cooperation between the Parties
shall be based on a specific needs assessment of the Parties, conducted in
mutual consultation between the Parties. The Parties agree that such
cooperation will be as permitted under Union and domestic laws, rules,
regulations and policies. Such cooperation may, in particular, focus on:

(a)        the root causes of migration;

(b)        the development and
implementation of each Party’s obligations under international law on migration
matters including on international protection for those in need;

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

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

(e)        the return, under humane and
dignified conditions, of persons residing illegally including the promotion of
their voluntary return;

(f)        issues identified as being of
mutual interest in the field of visas and security of travel documents;

(g)issues identified as being of mutual
interest in the field of border controls.

5.         Within the framework of the cooperation to prevent and control
illegal immigration, the Parties further agree that:

(a)        the Republic of Singapore shall
readmit any of its nationals illegally present on the territory of a Member
State, upon request by the latter and without further formalities once
nationality has been established; and

(b)        each Member State shall readmit any of its nationals illegally present on the territory of the Republic of Singapore, upon request by the latter and without further formalities once
nationality has been established.

The Member States and the Republic of Singapore will provide their nationals with appropriate identity documents for such
purposes. Where the person to be readmitted does not possess any documents or
other proofs of his or her nationality, the competent diplomatic and consular
representations of the Party to which the person is to be readmitted (being
either the Member State concerned or the Republic of Singapore) shall, upon
request by the other Party (being either the Republic of Singapore or the
Member State concerned), interview the person in order to establish his or her
nationality.

6.         The Parties agree to negotiate,
upon request, with a view to concluding an agreement between the Union and the Republic of Singapore regulating the readmission of nationals of the Republic of Singapore and of the Member States, nationals of other countries and stateless persons.

Article
20

Combating
Organised Crime

The Parties agree to cooperate in combating
organised crime as well as corruption. Such cooperation aims in particular at
implementing and promoting, where applicable, relevant international standards
and instruments, such as the UN Convention against Transnational Organized
Crime and the UN Convention against Corruption.

Article
21

Cooperation
in Combating Money Laundering and Terrorist Financing

1.         The Parties agree on the need to
work towards and to cooperate on preventing the use of their financial systems
to launder the proceeds of criminal activities, in
accordance with relevant Financial Action Task Force (FATF) recommendations.

2.         The Parties will exchange
expertise in areas such as the development and implementation of regulations
and the efficient functioning of suitable standards and mechanisms.

3.         In particular, cooperation shall
allow, to the greatest possible extent, exchanges of relevant information and
expertise on the adoption of appropriate standards to combat money laundering
and the financing of terrorism equivalent to those adopted by the international
bodies active in this area, such as the FATF.

Article
22

Cooperation
against Illicit Drugs

1.         The Parties shall cooperate to
ensure a balanced approach through effective coordination between the competent
authorities including, as appropriate, from the health, justice, interior and
customs sectors, with the aim of reducing the supply, trafficking and demand of
illicit drugs and the adverse consequences of drug abuse for individuals and
society as a whole. The Parties will also work together to ensure a more
effective prevention of diversion of drug precursors.

2.         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
UN General Assembly Special Session on Drugs in June 1998 and the Political
Declaration and Plan of Action on International Cooperation towards an
Integrated and Balanced Strategy to Counter the World Drug Problem adopted at
the 52nd session of the UN Commission on Narcotic Drugs in March
2009.

3.         The Parties will exchange
expertise in areas such as the drafting of national legislation and policies,
the establishment of national institutions and information centres, training of
personnel, drug related research, and the prevention of diversion of precursors
used for the illicit manufacture of narcotic drugs and psychotropic substances.

Title
VI

COOPERATION
IN OTHER SECTORS

Article
23

Cooperation
on Human Rights

1.         The Parties agree to cooperate,
where mutually agreed upon, in the promotion and effective protection of human
rights, including the implementation of applicable international human rights
instruments to which the Parties are Contracting Parties.

2.         Such cooperation may include, inter
alia,

(a)        human rights promotion and
education;

(b)        strengthening appropriate
national and regional human rights-related institutions;

(c)        the establishment of a
meaningful, broad-based human rights dialogue;

(d)       strengthening
of cooperation within the human rights-related institutions of the UN.

Article
24

Cooperation
on Financial Services

The Parties
shall endeavour to foster cooperation on financial services on issues of
mutual interest within the framework of their respective programmes and
legislation and, where applicable, according to the relevant provisions of the
Free Trade Agreement referred to in Article 9(2). Such cooperation shall take
place between financial regulators and supervisors of the Union and the Republic of Singapore on financial regulatory and supervisory matters. The financial
regulators and supervisors will consult each other to determine the most
appropriate means for cooperation.

Article
25

Economic
Policy Dialogue

1.         The Parties agree to cooperate
on promoting the exchange of information on their respective economic trends
and policies, and the sharing of experiences with the coordination of economic
policies in the context of regional economic cooperation and integration.

2.         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.

Article
26

Cooperation
in the Tax Area

1.         With a view to strengthening and
developing economic activities while taking into account the need to develop an
appropriate regulatory framework, the Parties recognise and commit themselves
to implement, as set out in paragraphs 2 and 3, the principles of good
governance in the tax area.

2.         To that effect, in accordance
with their respective competencies, the Parties acknowledge the importance of
countering mutually agreed harmful tax practices, will improve international
cooperation in the tax area aimed at countering tax evasion and will implement
the internationally agreed Standard for transparency and exchange of
information for tax purposes as spelled out in the 2008 OECD Model Tax
Convention on Income and on Capital, with a view to enabling the effective
application of their respective tax rules.

3.         The Parties agree that the
implementation of these principles takes place notably within the framework of
existing or future bilateral tax agreements between the Republic of Singapore and the Member States.

Article
27

Industrial
Policy and SME Cooperation

1.         The Parties, taking into account
their respective economic policies and objectives, agree to foster industrial
policy cooperation in all fields deemed suitable by them, in particular with a
view to improving the competitiveness of small and medium-sized enterprises
(SMEs).

2.         Such cooperation shall consist of:

(a)        exchanging information and
experience on creating framework conditions for SMEs to improve their
competitiveness;

(b)        promoting corporate social
responsibility and accountability and encouraging responsible business
practices, including sustainable consumption and production. This cooperation
shall be complemented by a consumer perspective such as on product information
and the consumer’s role in the market;

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

(d)       facilitating access to finance, providing
information and stimulating innovation.

3.         The Parties will encourage the
reinforcement of the relations between the private sectors of both Parties in
new or existing fora, including mechanisms aimed at assisting both sides
in promoting the internationalisation of SMEs.

Article
28

Information
Society

1.         Recognising that information and
communication technologies (ICT) are key elements of modern life and are of
vital importance to economic and social development, the Parties endeavour to
coordinate their respective policies in this field with a view to promoting
economic development.

2.         Cooperation in this area shall
focus in particular on:

(a)        participation in the
comprehensive regional dialogue on the different aspects of the information
society, in particular electronic communications policies and regulatory best
practices in areas including but not limited to the licensing of
telecommunication services; the treatment of new information communication
services such as Voice over Internet Protocol services; the elimination of
spam; the management of dominant carrier conduct, and increasing the
transparency and efficiency of the regulatory authority;

(b)        interconnection and
interoperability of the Parties’ networks and services;

(c)        standardisation and
dissemination of new information and communications technologies;

(d)       promotion of research cooperation
between the Parties in the area of ICT;

(e)        cooperation on joint research
projects in the area of ICT;

(f)        security aspects of information
society, as mutually agreed upon; and

(g)        conformity assessment of
telecommunications (including radio) equipment.

Article
29

Cooperation
in the Audiovisual and Media Fields

The Parties agree to promote cooperation in
the audiovisual and media fields in general. Cooperation activities will
include, but not be limited to:

(a)        exchange of views on audiovisual
and media policy;

(b)        joint organisation of events of
mutual interest;

(c)        joint training activities; and

(d)       facilitating co-productions, and
initiating discussions on audiovisual co-production agreements.

Article
30

Scientific
and Technological Cooperation

1.         The Parties shall encourage,
develop and facilitate cooperation in the field of science, technology and
innovation in areas of mutual interest, in accordance with the laws and
regulations of both Parties.

2.         The aims of such cooperation
shall be to:

(a)        encourage exchange of
information on science, technology and innovation, on policies and programmes;

(b)        promote enduring relations
between the Parties’ scientific communities, research centres, universities and
industries;

(c)        promote training and mobility of
researchers and students of higher education institutions.

3.         Subject to discussion between
the Parties, and in consultation with the research funding agencies of each
country, cooperation may take the form of joint research projects and/or
exchanges, meetings, workshops and training of scientists and students of
higher education institutions through international mobility schemes providing
for the maximum dissemination of the results of research.

4.         In this cooperation, the Parties
shall promote the participation of their respective higher education
institutions, research centres and productive sectors, including SMEs.

5.         The Parties agree to make efforts
to increase awareness about possibilities for science and technological
cooperation offered by their respective programmes.

Article
31

Energy

1.         The Parties endeavour to enhance
cooperation in the energy sector with a view to:

(a)        diversifying energy supplies and
developing new and renewable forms of energy on a commercial basis;

(b)        achieving rational use of
energy, notably by promoting demand-side management;

(c)        fostering the transfer of
technology aimed at efficient energy use;

(d)       combating climate change,
including through carbon pricing;

(e)        enhancing capacity-building, including
possible training and facilitation of investment in the field of energy based
on transparent, non-discriminatory and market-compatible rules;

(f)        promoting competition in the
energy market.

2.         To these ends, the Parties
endeavour to promote contacts between the relevant energy planning entities and
conduct of joint research between research institutes and universities,
particularly in the framework of relevant regional fora. Both sides will
further explore possibilities for enhanced cooperation in nuclear safety and
security within their existing legal frameworks and policies. With reference to
Article 34 and the conclusions of the World Summit on Sustainable Development
(WSSD), which took place in Johannesburg in 2002, the Parties may endeavour to
address the links between affordable access to energy services and sustainable
development. These activities may be promoted in cooperation with the European
Union Energy Initiative, launched at the WSSD.

Article
32

Transport

1.         The Parties agree to further
reinforce, by mutual consent, their
cooperation in all relevant areas of transport policy with a view to improving
the movement of goods and passengers, promoting safety and security, combating
piracy and armed robbery against ships, promoting environmental protection and
high operating standards, and increasing the efficiency of their transport
systems.

The Parties recall the agreement under
Article 1(5) and reaffirm that cooperation in all relevant areas of transport
will be subject to their respective domestic laws, rules and regulations.

2.         Cooperation between the Parties under
paragraph 1 shall aim to promote:

(a)        exchange of information on their
respective transport policies, especially regarding urban transport and the
interconnection and interoperability of multimodal transport networks, as well
as the management of railways, ports and airports;

(b)        the use of global satellite
navigation systems, with focus on regulatory, industrial and market development
issues of mutual interest;

(c)        a dialogue in the field of air
transport aiming at an enhanced cooperation in matters of aviation policy and
with a view to taking joint actions in the field of air transport services
through, inter alia, the negotiation and implementation of agreements.
The Parties will further develop their relations and, when
appropriate, explore the establishment of a future comprehensive air services
agreement. The Parties will also, whenever mutually beneficial, enhance technical and regulatory cooperation in
areas such as aviation safety, aviation security, air traffic management
including greening air traffic management, application of competition law and
economic regulation of the air industry, with a view to supporting regulatory
convergence and removal of obstacles to doing business and enhance dialogue on
aviation environmental issues such as the use of market-based instruments in
combating global warming including through emissions trading. On this basis,
the Parties will explore the possible scope for even closer cooperation in the
area of civil aviation;

(d)       a dialogue in the field of maritime
transport services aiming at unrestricted access to the international maritime
markets and trades on a commercial and non-discriminatory basis, and with a
view to supporting commitments for the phasing out of existing cargo
reservation schemes, abstention from introducing cargo sharing clauses,
establishment within maritime transport services including auxiliary services,
NT clause treatment regarding access for auxiliary services and port services
for vessels flying the flag of the other Party or operated by nationals or
companies of the other Party and the right to arrange door-to-door transport
services; and

(e)        the implementation of security,
safety and pollution prevention standards, notably as regards maritime
transport and aviation, in line with the relevant international conventions, to which the Parties are signatories, including
cooperation in the appropriate international fora aiming to ensure
better enforcement of international regulations.

Article
33

Education
and Culture

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

2.         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.

3.         The Parties agree to consult and
cooperate in the relevant international fora, such as the UN Educational
Scientific and Cultural Organization, in order to pursue common objectives and
promote cultural diversity.

4.         The Parties shall furthermore
place emphasis on measures designed to create permanent links between their
respective specialist agencies and to encourage exchange of information, know-how,
students, experts, youth and youth workers and technical resources, taking
advantage of the facilities offered by the Union’s programmes in Southeast Asia
in the area of education and culture as well as the experience that both
Parties have acquired in this area.

5.         The Parties shall encourage
greater exchanges and cooperation between their educational institutions in
order to promote mutual understanding, knowledge and appreciation of each
other’s cultures, economies and social systems. In particular, the Parties
shall endeavour to facilitate the mobility of students and scholars within the
framework of the Erasmus Mundus programme or other similar programmes.

Article
34

Environment
and Natural Resources

1.         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.

2.         The implementation of the
outcome of the UN Conference on Environment and Development of 1992, the WSSD of
2002 and the UN Conference on Sustainable Development of 2012 shall be taken
into account in all activities undertaken by the Parties under this Agreement.

3.         The Parties endeavour to
continue their cooperation on environmental protection, including through the
sharing of best practices in areas such as:

(a)        climate change and energy
efficiency;

(b)        environmental and clean
technologies particularly those that are safe and sustainable;

(c)        capacity building in negotiating
and implementing multilateral environment agreements;

(d)       coastal and marine environment;

(e)        addressing illegal logging and
the associated trade, and promoting sustainable forest management.

Article
35

Employment
and Social Affairs

1.         The Parties agree to enhance
cooperation in the field of employment and social affairs, including
cooperation on regional and social cohesion, health and safety at the
workplace, gender equality, decent work and social dialogue, with a view to
strengthening the social dimension of globalisation.

2.         The Parties reaffirm the need to
support the process of globalisation which is beneficial to all and to promote
full and productive employment and decent work as a key element of sustainable
development and poverty reduction, as endorsed by the UN General Assembly Resolution
No. 60/1 of 24 October 2005 and the Ministerial Declaration of high-level segment of the substantive
session of 2006 of the Economic and Social Council (UN
Economic and Social Council E/2006/L.8 of 5 July 2006) and as laid down in the
2008 International Labour Organization (ILO) Declaration on Social Justice for
a Fair Globalization. The Parties shall take into account the respective
characteristics and diverse nature of their economic and social situations.

3.         In accordance with their
obligations as members of the ILO and with the ILO Declaration on Fundamental
Principles and Rights at Work and its Follow-up adopted by the International
Labour Conference at its 86th Session in 1998, the Parties commit to
respect, promote and effectively implement the principles concerning the
fundamental rights at work, namely:

(a)        freedom of association and the
effective recognition of the right to collective bargaining;

(b)        the elimination of all forms of
forced or compulsory labour;

(c)        the effective abolition of child
labour; and

(d)       the elimination of discrimination
in respect of employment and occupation.

The Parties reaffirm their commitment to
effectively implementing the ILO Conventions that the Republic of Singapore and the Member States have ratified respectively. The Parties will make continued and sustained
efforts towards ratifying and effectively implementing the fundamental ILO conventions,
and will exchange information in this regard. The Parties will also consider
the ratification and effective implementation of other ILO conventions, taking
into account domestic circumstances. The Parties will exchange information in
this regard.

4.         The
Parties may initiate cooperative activities of mutual benefit which may
include, inter alia, specific programmes and projects, as mutually
agreed, as well as dialogue, cooperation and initiatives on topics of common
interest at bilateral or multilateral level, such as ASEM, ASEAN-EU and the
ILO.

Article
36

Health

1.         The Parties agree to cooperate in
the health sector with a view to improving health conditions covering, inter
alia, the areas of major communicable diseases such as HIV/AIDS, avian influenza,
and other influenzas of human pandemic potential and major non-communicable
diseases and their risk factors, including through exchange of information and
collaboration in early detection, prevention and control, as well as through
international health agreements.

2.         Subject to available resources,
cooperation may take place through:

(a)        projects on epidemiology of
major communicable and non-communicable diseases;

(b)        exchanges, fellowships and
training programmes;

(c)        programmes and projects to
improve health services and health conditions;

(d)       information-sharing and
scientific collaboration in drug regulation and medical device regulation; and

(e)        promoting full and timely
implementation of international agreements on health, such as the International
Health Regulations and the Framework Convention on Tobacco Control.

Article
37

Statistics

The Parties shall endeavour
to promote, in accordance with existing statistical cooperation activities
between the Union and ASEAN, the harmonisation of statistical methods and
practices including the gathering and dissemination of statistics, thus
enabling them to use, on a mutually acceptable basis, statistics on trade in
goods and services, foreign direct investment and, more generally, on any other
area covered by this Agreement which lends itself to statistical data
collection, processing, analysis and dissemination.

Article
38

Civil
society

The Parties recognise the potential
contribution of organised civil society in the dialogue and cooperation process
under this Agreement and endeavour to encourage dialogue
with organised civil society.

Title
VII

MEANS
OF COOPERATION

Article
39

Resources
for Cooperation

1.         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.

2.         The Parties shall encourage the
European Investment Bank to continue its operations in the Republic of Singapore, in accordance with its procedures and financing criteria.

Article
40

Cooperation
in the Development of Third Countries

1.         The Parties agree to exchange
information on their development assistance policies with a view to
establishing a regular dialogue on the objectives of these policies and on
their respective development aid programmes in third countries.

2.         The Parties shall also promote joint
actions aimed at providing technical assistance and promoting human resource
development in the less developed countries in Southeast Asia and beyond.

Title
VIII
INSTITUTIONAL FRAMEWORK

Article
41

Joint
Committee

1.         The Parties agree to establish
under this Agreement a Joint Committee, composed of representatives of both
sides at an appropriate high level, the tasks of
which shall be to:

(a) ensure the proper functioning and
implementation of this Agreement;

(b) set priorities in relation to the aims of
this Agreement;

(c) make recommendations for promoting the
objectives of this Agreement.

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

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

4.         The Joint Committee shall, in
accordance with this Article, adopt its own rules of procedures and shall carry
out its tasks by consensus. The Joint Committee shall, in its rules of
procedures, determine modalities for consultations such as those foreseen in
Article 44, and endeavour to agree on a common working language.

5.         The Joint Committee shall, where
mutually agreed and where appropriate, discuss the functioning and
implementation of any specific agreement, as referred to in Article 43(3).

Title
IX

FINAL
PROVISIONS

Article
42

Future
Developments Clause

1.         The Parties may by mutual
consent 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.

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

Article
43

Other
Agreements

1.         Without prejudice to the
relevant provisions of the Treaty on European Union and the Treaty on the
Functioning of the European Union, neither this Agreement nor action taken
thereunder shall in any way affect the powers of the Member States to undertake
bilateral cooperation activities with the Republic of Singapore or to conclude,
where appropriate, new partnership and cooperation agreements with the Republic
of Singapore.

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

3.         Notwithstanding Article 9(2),
the Parties may also complement this Agreement by concluding specific
agreements in any area of cooperation falling within its scope. Such specific
agreements shall be an integral part of the overall bilateral relations as
governed by this Agreement and shall form part of a common institutional
framework.

Article
44

Non-execution
of the Agreement

1.         If either Party considers that
the other Party has failed to fulfil any of its obligations under this
Agreement it may take appropriate measures. Before doing so, except in cases of
special urgency, that Party shall seek and the
other Party shall agree to hold consultations with a view to reaching a
mutually satisfactory solution to the matter. Such consultations may take place
under the auspices of the Joint Committee, referred to in Article 41, which may settle the matter referred to it by
means of recommendation or in any other manner mutually acceptable to the Parties.

2.         In cases of special urgency, the
intended appropriate measure to be taken shall be notified immediately to the
other Party. At the request of the other Party, consultations shall be held for
a maximum period of 15 days with a view to seeking a mutually satisfactory
solution to the matter. After this period, an appropriate measure may apply.

3.         In the selection of appropriate
measures, priority must be given to those which least disturb the functioning
of this Agreement or any specific agreement. These measures 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.

4. The Parties agree that for the purpose
of the correct interpretation and practical application of this Agreement the
term 'appropriate measures' in this Article means the suspension of, or the
non-performance for the time being of obligations under this Agreement or any
specific agreement referred to under Article 9(2) and Article 43(3) or any other
measure recommended by the Joint Committee. Appropriate measures shall be taken
in accordance with international law and shall be proportionate to the failure
to implement obligations under this Agreement. The Parties further agree that
the term ‘cases of special urgency’ in paragraphs 1 and 2 means:

(a)        repudiation of this Agreement
not sanctioned by the general rules of international law; or

(b)        violation of an essential
element of the Agreement, as described in Article 1(1) and Article 7(2).

Article
45

Facilities

To facilitate cooperation in the framework
of this Agreement, both Parties shall provide the guarantees and facilities
necessary for the performance of their functions.

Article
46

Territorial
Application

This Agreement shall apply to the territory
in which the Treaty on European Union and the Treaty on the Functioning of the
European Union apply under the conditions laid down in these Treaties, on the
one hand, and to the territory of the Republic of Singapore, on the other.

Article
47

Definition
of the Parties

For the purposes of this Agreement, ‘the
Parties’ shall mean the Union or its Member States or the Union and its Member States, in accordance with their respective powers, on the one hand, and the Republic of Singapore, on the other.

Article
48

Disclosure
of Information

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

Article
49

Entry
into Force and Duration

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

2.         This Agreement is concluded for
a period of five years. It shall be automatically extended for further
successive periods of one year, unless either the Republic of Singapore, of the one part, or the Union and its Member States, of the other part, 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.

3.         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 Party that all
necessary formalities have been completed.

4.         This Agreement may be terminated
by written notice of denunciation given either by the Republic of Singapore, of the one part, or the Union and its Member States, of the other part, to the other
Party. The termination shall take effect six months after receipt of the
notification by the other Party.

Article
50

Declarations
and Side Letters

The Joint Declarations and the Side Letter
to this Agreement shall form an integral part of this Agreement.

Article
51

Notifications

Notifications made in accordance with
Article 49 shall be made to the
Secretariat-General of the Council of the European Union and the Ministry of
Foreign Affairs of the Republic of Singapore, respectively.

Article
52

Authentic
Text

This Agreement is drawn up in the
Bulgarian, Croatian, Czech, Danish, Dutch,
English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish and
Swedish languages, each of these texts being equally authentic. In the event of any divergence in the interpretation of this Agreement the Parties shall refer the matter
to the Joint Committee.

Done at […] on […]

For the European Union         For the Republic of Singapore

For the Kingdom of Belgium

For the Republic of Bulgaria

For the Czech Republic

For the Kingdom of Denmark

For the Federal Republic of Germany

For the Republic of Estonia

For Ireland

For the Hellenic Republic

For the Kingdom of Spain

For the French Republic

For the Republic of Croatia,

For the Italian Republic

For the Republic of Cyprus

For the Republic of Latvia

For the Republic of Lithuania

For the Grand Duchy of Luxembourg

For Hungary

For Malta

For the Kingdom of the Netherlands

For the Republic of Austria

For the Republic of Poland

For the Portuguese Republic

For Romania

For the Republic of Slovenia

For the Slovak Republic

For the Republic of Finland

For the Kingdom of Sweden

For the United Kingdom of Great Britain and
Northern Ireland

Joint
Declaration on Article 44

(Non-execution
of the Agreement)

The Parties agree that
“violation of an essential element of the Agreement” referred to in Article 44(4)(b)
shall refer to particularly exceptional cases of systematic, serious and
substantial failure to comply with the obligations set out in Article 1(1) and
Article 7(2).

Joint
Declaration on Article 52

(Authentic Text)

In the event of any divergence in the interpretation
of this Agreement, account shall be taken of the
fact that this Agreement was negotiated in English.

[Side Letter]

With reference to the Partnership and
Cooperation Agreement between the European Union and its Member States, of the
one part, and the Republic of Singapore, of the other part, both sides confirm
their understanding that, at the time of signature of this Agreement, they are
not aware, based on objectively available information, of any of each other’s
domestic laws, or their application, which could lead to the invocation of
Article 44 of this Agreement.

For the European Union and its Member States         For the Republic of Singapore

[1]               For the purpose of this
Article, ‘intellectual property rights’ refers to:

(a)           all categories of
intellectual property that are the subject of Sections 1 through 7 of Part II
of the Agreement on Trade-Related Aspects of Intellectual Property Rights
contained in Annex 1C of the Marrakesh Agreement Establishing the World Trade
Organization done at Marrakesh on 15 April 1994 namely:

(i)            copyright and related
rights;

(ii)           patents;

(iii)          trademarks;

(iv)          designs;

(v)           layout-designs
(topographies) of integrated circuits;

(vi)          geographical
indications;

(vii)         protection of
undisclosed information; and

(b)           plant variety rights.

In the case of the Union, for the
purposes of this Agreement, ‘patents’ include rights derived from
supplementary protection certificates.

ANNEX II
JOINT DECLARATION

With reference to Article 26 of the
Partnership and Cooperation Agreement between the European Union and its Member
States, of the one part, and the Republic of Singapore, of the other part, both
sides express their strong determination that the new Global Standard on
Automatic Exchange of Information as adopted by the OECD is implemented by the
conclusion of bilateral agreements whenever any side so requests.

FOR THE EUROPEAN UNION AND ITS MEMBER STATES || FOR THE REPUBLIC OF SINGAPORE

…….., …..
2014

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