Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2018/0269 (NLE)**

**PROPOSAL**

**Brussels, 3 July 2018**
**(OR. en)**

**10755/18**
**ADD 1**

**COASI 168** **AGRI 329**
**ASIE 32** **TRANS 305**
**CFSP/PESC 649** **ENV 491**
**RELEX 607** **ENER 265**
**COHOM 91** **ECOFIN 697**
**CONOP 58** **EDUC 277**
**COTER 93** **CULT 83**
**WTO 173** **CLIMA 128**
**JAI 727** **MIGR 99**
**DEVGEN 118** **ASEM 1**

From: Secretary-General of the European Commission,
signed by Mr Jordi AYET PUIGARNAU, Director

date of receipt: 3 July 2018

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of
the European Union

No. Cion doc.: JOIN(2018) 20 final

Subject: Joint Proposal for a ANNEX to the Council Decision on the signing, on
behalf of the European Union, and provisional application of the
Framework Agreement on Partnership and Cooperation between the
European Union and its Member States, of the one part, and the
Government of Malaysia, of the other part

Delegations will find attached document JOIN(2018) 20 final - Annex.

Encl.: JOIN(2018) 20 final

10755/18 ADD 1 FCA/sv

## RELEX - Development EN

EUROPEAN

COMMISSION

**ANNEX**

**to the**

HIGH REPRESENTATIVE

OF THE UNION FOR

FOREIGN AFFAIRS AND

SECURITY POLICY

Brussels, 3.7.2018
JOIN(2018) 20 final

ANNEX

Joint Proposal for a

**Council Decision**

**on the signing, on behalf of the European Union, and provisional application of the**
**Framework Agreement on Partnership and Cooperation between the European Union**

**and its Member States, of the one part, and the Government of Malaysia, of the other**

**part**

# **EN EN**

**FRAMEWORK AGREEMENT ON PARTNERSHIP AND COOPERATION**

**BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE**

**PART, AND THE GOVERNMENT OF MALAYSIA, OF THE OTHER PART**

THE EUROPEAN UNION, hereinafter referred to as “the Union” or “the EU”,

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,

# EN 1 EN

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

HUNGARY,

THE REPUBLIC OF MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Member States of the European Union, hereinafter referred to as the 'Member States',

of the one part,

and

THE GOVERNMENT OF MALAYSIA, hereinafter referred to as “Malaysia”,

of the other part,

hereinafter referred to singularly as “the Party” and jointly as “the Parties”,

# EN 2 EN

CONSIDERING the traditional links of friendship between the Parties and the close
historical, political and economic ties that unite them;

ATTACHING particular importance to the comprehensive nature of their mutual relationship;

CONSIDERING that this Agreement forms part of a wider and coherent relationship between
them through agreements to which they are parties;

RECOGNISING the value of tolerance, acceptance and mutual respect in a diverse and
multifaceted international community, and acknowledging the importance of moderation;

REAFFIRMING the attachment of the Parties to the respect for democratic principles and
human rights as laid down in the Universal Declaration of Human Rights (“UDHR”) and
other relevant international human rights instruments applicable to the 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 principle of sustainable development and environmental protection requirements;

DESIRING 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 promoting the 2030 Agenda for Sustainable Development (“2030 Agenda”)
adopted by the United Nations (“UN”) General Assembly Resolution 70/1 (2015)
“Transforming our world: the 2030 Agenda for Sustainable Development” at the UN
Sustainable Development Summit on 25 September 2015;

VIEWING terrorism as a threat to global security and wishing to intensify their dialogue and
cooperation in the fight against terrorism, in accordance with relevant United Nations Security
Council (“UNSC”) instruments, particularly UNSC Resolution 1373 (2001);

EXPRESSING their commitment to preventing and combating all forms of terrorism and to
establishing effective international instruments to ensure its eradication;

RECOGNISING that any measures taken to combat terrorism have to comply with the
Parties’ obligations under international law, in particular, international human rights law and
humanitarian law;

REAFFIRMING that the most serious crimes of concern to the international community must
not go unpunished and considering the international criminal tribunals, including the
International Criminal Court, as important developments for international peace and justice;

SHARING the view that proliferation of weapons of mass destruction (“WMD”) and their
means of delivery pose a major threat to international peace and security, and wish to
strengthen their dialogue and cooperation in this area;

RECOGNISING that uncontrolled movement of conventional arms is a threat to international
and regional peace, security and stability, and recognising the need to cooperate to ensure
responsible transfer of conventional arms and to deal with the illicit trade in small arms and
light weapons including their ammunition;

# EN 3 EN

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
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;

EXPRESSING their commitment to promoting all aspects of sustainable development,
including environmental protection and effective cooperation to address climate change;

EXPRESSING their commitment to promoting internationally recognised labour and social
standards;

UNDERLINING the importance of strengthening cooperation on migration;

NOTING that in case the Parties decide, within the framework of this Agreement, to enter
into specific agreements in the area of freedom, security and justice which may be concluded
by the Union pursuant to Title V of Part Three of the Treaty on the Functioning of the
European Union (“TFEU”), the provisions of such future agreements would not bind the
United Kingdom and/or Ireland unless the Union, simultaneously with the United Kingdom
and/or Ireland as regards their respective previous bilateral relations, notifies Malaysia that
the United Kingdom and/or Ireland has/have become bound by such agreements as part of the
Union in accordance with 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 (“TEU”) and to the TFEU. Likewise, any subsequent internal measures of the Union
which may be adopted pursuant to the above-mentioned Title V to implement this Agreement
would not bind the United Kingdom and/or Ireland, unless they have notified their wish to
take part in such measures or accept them in accordance with Protocol No 21. Also noting
that, such future agreements or subsequent internal measures of the Union would fall within
Protocol No 22 on the position of Denmark annexed to the said Treaties,

HAVE AGREED AS FOLLOWS:

# EN 4 EN

**TITLE I**

**NATURE AND SCOPE**

**Article 1**

**Basis for cooperation**

1. Respect for democratic principles and human rights, as laid down in the UDHR and
other relevant international human rights instruments applicable to the Parties, and for the
principle of the rule of law, 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.

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 the internationally agreed development goals, in particular to strengthening a
global partnership for development as renewed in the 2030 Agenda.

4. The Parties reaffirm their attachment to the principles of good governance in all its
aspects.

5. The implementation of this Agreement shall be based on the principles of dialogue,
mutual respect, equal partnership, consensus and respect for international law.

6. The Parties agree that cooperation under this Agreement shall be implemented by
means of their respective laws, rules, regulations and policies.

**Article 2**

**Aims of cooperation**

The aim of this Agreement is to establish a strengthened partnership between the Parties and
to deepen and enhance cooperation on issues of mutual interest, reflecting shared values and
common principles.

# EN 5 EN

**TITLE II**

**BILATERAL, REGIONAL AND INTERNATIONAL COOPERATION**

**Article 3**

**Cooperation in regional and international fora and organisations**

1. The Parties undertake to exchange views and cooperate in regional and international
fora and organisations such as the UN and relevant UN Agencies, the EU-ASEAN dialogue,
the ASEAN Regional Forum, the Asia-Europe Meeting (“ASEM”), the UN Conference on
Trade and Development and the World Trade Organization (“WTO”).

2. The Parties also agree to promote cooperation between think-tanks, academics, nongovernmental organisations and the media in areas covered by this Agreement. Such
cooperation may, in particular, include the provision of related trainings, workshops and
seminars, exchanges of experts, studies and other actions agreed by the Parties.

**Article 4**

**Regional and bilateral cooperation**

For each sector of dialogue and cooperation under this Agreement, and while giving emphasis
to matters under the EU-Malaysia cooperation, the Parties may also, by mutual agreement,
work together through activities at the regional level or through a combination of both
frameworks, taking into account the regional decision-making processes of the regional
grouping concerned. In this regard, 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 most efficient use of available resources and ensuring coherence with other
activities.

# EN 6 EN

**TITLE III**

**COOPERATION ON INTERNATIONAL PEACE, SECURITY AND STABILITY**

**Article 5**

**Combating terrorism**

The Parties reaffirm the importance of preventing and combating terrorism, in full respect of
the principles of the Charter of the United Nations, the rule of law and international law,
including applicable international human rights law and humanitarian law, taking into account
the UN Global Counter-Terrorism Strategy, contained in UN General Assembly Resolution
60/288 (2006) as revised by UN General Assembly Resolutions 62/272 (2008) and 64/297
(2010). Within this framework, they agree to cooperate on preventing and combating terrorist
acts, in particular:

(a) in the framework of the implementation of UNSC Resolutions 1267 (1999), 1373
(2001) and 1822 (2008), as well as other relevant UN resolutions, and ratification and
implementation of relevant international conventions and instruments;

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

(c) by exchanging views on means and methods used to counter terrorism and incitement
of terrorist acts, including in technical field and training, and by exchanging
experience in terrorism prevention;

(d) by cooperating so as to deepen the international consensus on the fight against
terrorism and terrorism financing and in the appropriate 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 and other
applicable international 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 implementing and enhancing their cooperation on counter-terrorism within the EUASEAN dialogue and ASEM frameworks;

(g) by exchanging best practices in the area of prevention and the fight against terrorism.

**Article 6**

**Serious crimes of concern to the international community**

1. The Parties reaffirm that the most serious crimes of concern to the international
community as a whole must not go unpunished and that measures must be taken to address
those crimes, as appropriate, at domestic or international level in accordance with the Parties’
respective laws and applicable international obligations. Those measures may include
diplomatic, humanitarian and other peaceful means as well as international criminal tribunals
and courts.

2. The Parties consider the international criminal tribunals, including the International
Criminal Court, as important development for international peace and justice.

3. The Parties reiterate the importance of cooperation with those courts and tribunals in
accordance with the Parties’ respective laws and applicable international obligations.

# EN 7 EN

4. The Parties agree to cooperate with a view to promoting the universality of the Rome
Statute of the International Criminal Court.

**Article 7**

**Weapons of mass destruction**

1. The Parties reiterate the objective of strengthening international regimes on WMD.
The Parties consider that the proliferation of WMD 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 agree to cooperate and contribute to international stability and security
through full compliance with, and national implementation of, their existing obligations under
international disarmament and non-proliferation treaties and agreements and other relevant
international obligations within the framework of the Charter of the United Nations. This
provision constitutes an essential element of this Agreement _._

2. The Parties furthermore agree to cooperate and contribute to strengthening the
international non-proliferation and disarmament regimes by:

(a) taking steps, as appropriate, to sign, ratify or accede to, and fully implement,
all other relevant international instruments on WMD, and promoting universal
adherence to them;

(b) implementing and further developing an effective national export controls,
controlling the export and transit of WMD-related goods, including a WMD
end-use control on dual use technologies and containing effective sanctions for
breaches of export controls;

(c) promoting the universal adoption and full implementation of applicable
multilateral treaties.

3. The Parties recognise that implementation of export controls should not hamper
international cooperation in materials, equipment and technology for peaceful purposes, while
goals of peaceful utilisation should not be used as a cover for proliferation.

4. The Parties agree to a regular political dialogue that will accompany and consolidate
those commitments. Such dialogue may take place on a regional basis.

**Article 8**

**Conventional arms**

1. The Parties recognise the importance of domestic control systems for the transfer of
conventional arms in line with existing international standards. The Parties recognise the
importance of applying such controls in a responsible manner, as a contribution to
international and regional peace, security and stability, and to the reduction of human
suffering, as well as to the prevention of the diversion of conventional weapons.

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

3. The Parties agree to observe and fully implement respective obligations to deal with
the illicit trade in small arms and light weapons, including their ammunition, under existing
international agreements and UNSC resolutions, as well as commitments within the

# EN 8 EN

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.

4. The Parties agree to cooperate at the bilateral, regional and international levels on their
efforts to ensure the responsible transfer of conventional arms and to deal with the illicit trade
in small arms and light weapons including their ammunition. The Parties agree to ensure
coordination in their efforts to regulate or improve the regulation of international trade in
conventional arms and to prevent, combat and eradicate the illicit trade in arms. The Parties
also agree to include issues related to conventional arms within the framework of their
existing regular political dialogue.

**Article 9**

**Moderation**

1. The Parties agree to cooperate with a view to promoting moderation in dialogues when
addressing issues of mutual concern.

2. The Parties shall agree, where applicable, to further the value of moderation in
regional and international fora.

3. The Parties agree to cooperate on promoting moderation, including by facilitating and
supporting relevant activities, as well as exchanging best practices, information and
experience.

# EN 9 EN

**TITLE IV**

**COOPERATION ON TRADE AND INVESTMENT**

**Article 10**

**General principles**

1. The Parties shall engage in dialogue on trade and investment-related matters with a
view to strengthening and advancing the multilateral trade system and bilateral trade between
them.

2. To that end, the Parties shall cooperate with each other in the trade and investment
area, _inter alia_, by striving towards a free trade agreement between the Parties. Such
agreement shall constitute a specific agreement within the meaning of Article 52(2).

3. The Parties may wish to develop their trade and investment relations through dialogue,
cooperation and mutually agreed initiatives by addressing, among other matters, areas referred
to in Articles 11 to 17.

**Article 11**

**Sanitary and phytosanitary**

1. The Parties shall cooperate on sanitary and phytosanitary (“SPS”) matters to protect
human, animal or plant life or health in the territory of the Parties.

2. The Parties shall discuss and exchange information on the respective measures as
defined in the WTO Agreement on the Application of Sanitary and Phytosanitary Measures,
the International Plant Protection Convention, the World Organisation for Animal Health and
the Codex Alimentarius Commission.

3. The Parties agree to undertake capacity-building cooperation on SPS matters. Such
capacity-building shall be specific to the needs of each Party and be conducted with the aim
of assisting the Party in complying with the other Party’s SPS measures.

**Article 12**

**Technical barriers to trade**

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

**Article 13**

**Customs**

With a view to increasing the security and safety of international trade and ensuring a
balanced approach between trade facilitation and the fight against fraud and irregularities, the
Parties shall share experience in, and examine possibilities with regard to:

(a) simplifying import, export and other customs procedures;

# EN 10 EN

(b) establishing mutual administrative assistance mechanisms;

(c) ensuring the transparency of customs and trade regulations;

(d) developing customs cooperation;

(e) seeking convergence of views and joint action in the context of relevant international
initiatives, including trade facilitation.

**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
mechanisms to facilitate investment flows, and promoting stable, transparent, open and nondiscriminatory rules for investors.

**Article 15**

**Competition policy**

1. The Parties will promote, and may cooperate on, the effective application of
competition rules, taking into consideration the notion of transparency and procedural fairness
to ensure certainty for enterprises operating in each other’s markets.

2. The Parties will engage in technical cooperation activities in the area of competition
policy subject to the availability of funding for such activities under the Parties’ cooperation
instruments and programmes.

**Article 16**

**Services**

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

**Article 17**

**Intellectual property rights**

1. The Parties reaffirm the great importance they attach to the protection of intellectual
property rights, including geographical indications, and each Party undertakes to establish the
appropriate measures with a view to ensuring adequate, balanced and effective protection and
enforcement of such rights, in particular as regards the infringement of intellectual property

# EN 11 EN

rights, in accordance with the international standards to which they are committed. The
protection and enforcement of intellectual property rights should contribute to the promotion
of technological innovation and to the transfer and dissemination of technology, to the mutual
advantage of producers and users of technological knowledge and in a manner conducive to
social and economic welfare, and to a balance of rights and obligations.

2. The Parties may exchange information and share experience on issues such as:

(a) the practice, promotion, dissemination, streamlining, management,
harmonisation and protection of intellectual property rights;

(b) effective application, utilisation and commercialisation of intellectual property
rights;

(c) the enforcement of intellectual property rights, including border measures.

3. The Parties shall cooperate in the areas of intellectual property protection of mutual
interest for effective intellectual property protection, utilisation and commercialisation based
upon their experiences, and shall enhance the dissemination of knowledge thereof.

# EN 12 EN

**TITLE V**

**COOPERATION ON JUSTICE AND SECURITY**

**Article 18**

**Rule of law and legal cooperation**

1. The Parties shall attach particular importance to the strengthening of the rule of law.

2. The Parties shall cooperate on reinforcing all relevant institutions, including the
judiciary.

3. Legal cooperation between the Parties will, _inter alia_, include the exchange of
information concerning legal systems and legislation.

**Article 19**

**Protection of personal data**

The Parties agree to exchange views and share knowledge with a view to promoting a high
level of protection of personal data based on the applicable international standards, including
the EU, Council of Europe and other international legal instruments.

**Article 20**

**Migration**

1. The Parties reaffirm the importance of cooperation in managing migratory flows
between their territories. With a view to strengthening cooperation, the Parties may establish,
as and when appropriate, dialogue addressing any migration-related issues of mutual interest,
while taking into account the specific needs-assessment referred to in paragraph 2. 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. Cooperation on migration may also include, _inter alia_, capacity-building and
technical assistance as agreed by the Parties.

2. Cooperation between the Parties will be needs-based and conducted through mutual
consultation between the Parties and shall focus on:

(a) the root causes of migration;

(b) exchange of views on practices and norms relevant to providing international
protection to persons in need;

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

(d) the return, under appropriate, 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;

# EN 13 EN

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

(f) issues identified as being of mutual interest in the field of border management.

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 that:

(a) Malaysia shall, subject to the need to confirm nationality, readmit any of its
nationals illegally present on the territory of an EU Member State, upon
request by the latter and without further formalities other than those referred to
in paragraph 4;

(b) each EU Member State shall, subject to the need to confirm nationality,
readmit any of its nationals illegally present on the territory of Malaysia, upon
request by the latter and without further formalities other than those referred to
in paragraph 4.

4. For the purpose of paragraph 3, the EU Member States and Malaysia will provide their
nationals without delay with appropriate travel document for such purposes. Where the person
to be readmitted does not possess any documents or other proof of his or her nationality, the
competent diplomatic and consular representations of Malaysia or the EU Member State
concerned, will make arrangements to interview the person in order to establish his or her
nationality. This Article is without prejudice to the respective laws, rules and regulations of
the Parties related to the determination of nationality.

5. If either Party deems it necessary, the Parties shall negotiate an agreement between the
EU and Malaysia regulating the specific obligations on readmission, including an obligation
on readmission of persons who are not their nationals but who hold a valid residence
authorisation issued by one of the Parties or who have entered the territory of one Party
coming directly from the territory of the other Party.

**Article 21**

**Consular protection**

Malaysia agrees that the diplomatic and consular authorities of any represented EU Member
State shall provide protection to any national of an EU Member State which does not have a
permanent representation in Malaysia effectively in a position to provide consular protection
in a given case, on the same conditions as to nationals of that EU Member State.

**Article 22**

**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 as well as reducing the adverse consequences of drug abuse for
individuals and society as a whole, and to achieve a more effective prevention of diversion of
drug precursors.

# EN 14 EN

2. The Parties shall agree on means of cooperation to attain those objectives. Actions
shall be based on commonly agreed principles of the Parties taking into consideration the
applicable international conventions, the Political Declaration and the Declaration on the
Guiding Principles of Drug Demand Reduction, adopted by the UN General Assembly
twentieth special session on drugs on 10 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 52 [nd] session of the UN Commission on Narcotic
Drugs in March 2009.

3. The Parties will exchange expertise in areas such as the drafting of legislation and
policies on the establishment of domestic 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.

**Article 23**

**Organised crime and corruption**

The Parties agree to cooperate in combating organised crime, economic and financial crime as
well as corruption. Such cooperation aims at implementing the applicable international
instruments to which they are parties, in particular the UN Convention against Transnational
Organized Crime and its supplementing Protocols, and the UN Convention against
Corruption.

**Article 24**

**Money laundering and terrorism financing**

1. The Parties agree on the need to work towards, and to cooperate on, preventing and
combating the use of their financial systems, which includes financial institutions and
designated non-financial businesses and professions, for financing terrorism and laundering
the proceeds of serious criminal activities.

2. The Parties agree that cooperation under paragraph 1 shall allow exchanges of relevant
information within the framework of their respective laws, rules and regulations and of the
applicable international standards to prevent and combat money laundering and terrorism
financing, such as those adopted by the Financial Action Task Force.

3. Cooperation shall also be extended in the form of capacity-building aimed at
combating money laundering and terrorism financing, including exchange of good practices,
expertise and training, as agreed by the Parties.

# EN 15 EN

**TITLE VI**

**COOPERATION IN OTHER SECTORS**

**Article 25**

**Human rights**

1. The Parties agree to cooperate in areas to be mutually agreed in the promotion and
protection of human rights.

2. Such cooperation may, inter alia, include:

(a) exchanges of best practices regarding the ratification and implementation of
international conventions, the development and implementation of action plans
at domestic level, the role and functioning of the Parties’ relevant national
human rights institutions;

(b) human rights education;

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

(d) cooperation within the relevant UN human rights bodies.

**Article 26**

**Financial services**

1. The Parties agree to strengthen cooperation with a view to achieving closer common
rules and standards on, and improving accounting, auditing, supervisory and regulatory
systems of, banking, insurance and other parts of financial sector, including Islamic financial
services.

2. The Parties recognise the importance of capacity-building measures to those ends.

**Article 27**

**Economic policy dialogue**

The Parties agree to cooperate on promoting the exchange of information on their respective
economic trends and the sharing of experience relating to economic policies in the context of
regional economic cooperation and integration.

**Article 28**

**Good governance in the area of taxation**

1. The Parties agree to strengthen cooperation in the area of taxation. The Parties
recognise the importance of, and commit to implement in line with international standards, the
principles of good governance in the area of taxation, that is transparency, exchange of
information and avoidance of harmful tax practices, in order to promote and develop
economic activities.

# EN 16 EN

2. The Parties also agree to cooperate in enhancing capacity-building in the field of good
governance in the area of taxation aimed at building competency and expertise as may be
mutually agreed upon.

**Article 29**

**Industrial policy and small and medium-sized enterprises**

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 (“SME”), _inter alia_, through:

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

(b) 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;

(c) providing information and stimulating innovation and exchanging good practices on
access to finance, including for micro and small enterprises;

(d) facilitating and supporting the relevant activities established by the private sectors of
the Parties;

(e) promoting corporate social responsibility and accountability as well as sustainable
consumption and production, including through exchange of best practices on
responsible business;

(f) joint research and innovation projects in selected industrial areas as mutually agreed.

**Article 30**

**Tourism**

1. The Parties shall aim to improve the exchange of information and to establish best
practices in order to ensure the balanced and sustainable development of tourism.

2. The Parties agree to develop cooperation on safeguarding and harmonising the
potential of natural and cultural heritage, mitigating the negative impacts of tourism, and
enhancing the positive contribution of the tourism business to the sustainable development of
local communities, _inter alia_ by developing eco-tourism, while respecting the integrity and
interests of local and indigenous communities, and improving training in the tourism industry.

**Article 31**

**Information society**

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

# EN 17 EN

2. Cooperation in this area may, _inter alia_, focus on:

(a) the participation in dialogue on the different aspects of the information society,
in particular electronic communications policies and regulations including
universal service, licensing and general authorisations, protection of personal
data, and the independence and efficiency of the regulatory authorities;

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

(c) the sharing of information on standardisation, conformity assessment and
dissemination of information on ICT;

(d) the promotion of research cooperation between the Parties in the area of
information and communication technologies;

(e) cooperation on digital television, including the exchange of experiences on
deployment, regulatory aspects and the sharing of best practices in spectrum
management;

(f) security aspects of ICT, as well as the fight against cyber-crime.

**Article 32**

**Cybersecurity**

1. The Parties shall cooperate on cybersecurity through the exchange of information on
strategies, policies and best practices in compliance with their legislation and international
human rights obligations.

2. The Parties shall promote the exchange of information on cybersecurity in the fields of
education and training, awareness raising initiatives, use of standards and research and
development.

**Article 33**

**Audiovisual and media**

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

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**TITLE VII**

**COOPERATION ON SCIENCE, TECHNOLOGY AND INNOVATION**

**Article 34**

**Science, technology and innovation**

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

2. The areas of cooperation may include biotechnology, ICT, cybersecurity, industrial
and material technologies, nanotechnology, space technology, marine science and renewable

energy.

3. The forms of cooperation may include:

(a) exchanging of information on science, technology and innovation policies and

programmes;

(b) promoting strategic research partnerships between the Parties’ scientific
communities, research centres, universities and industry;

(c) promoting training and exchange of researchers.

4. Those cooperation activities should be based on the principles of reciprocity, fair
treatment and mutual benefits, and ensure an adequate protection of intellectual property.

5. As regards those cooperation activities, the Parties shall promote the participation of
their respective higher education institutions, research centres and productive sectors.

6. The Parties agree to promote public awareness of their respective programmes and
cooperation for science, technology and innovation and of the possibilities offered by such

programmes.

**Article 35**

**Green technologies**

1. The Parties agree to cooperate in the green technology sector with a view to:

(a) facilitating the incorporation of green technologies in sectors such as energy,
buildings, water and waste management and transportation;

(b) promoting capacity-building in the green technology sector which may include
cooperation on regulatory and market-based instruments, such as green
technology financing, green procurement and eco-labelling, as mutually
agreed;

(c) promoting public education and awareness on green technologies and
encourage their widespread use;

(d) promoting and deploying environmental technologies, products and services.

2. Cooperation may take the form of dialogue between the relevant institutions and
agencies, exchange of information, staff exchange programmes, study visits, seminars and
workshops.

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**Article 36**

**Energy**

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

to:

(a) diversifying energy supply, channels and energy sources in order to strengthen
energy security, developing new, sustainable, innovative and renewable forms
of energy, including biofuels, biomass and biogas, wind and solar energy as
well as hydro-power generation, while supporting the development of
appropriate policy frameworks and transportation and transmission routes;

(b) promoting energy efficiency in energy production, distribution and end-use;

(c) fostering the transfer of technology aimed at sustainable energy production and

use;

(d) enhancing cooperation to address energy-related climate change mitigation and
adaptation issues under the United Nations Framework Convention on Climate
Change (“UNFCCC”);

(e) enhancing capacity-building and facilitating investments in the field.

2. To those ends, the Parties agree to promote contacts and, where appropriate, joint
research to the mutual benefit of the Parties, including through relevant regional and
international frameworks. With reference to Article 39 and the conclusions of the World
Summit on Sustainable Development (“WSSD”) which took place in Johannesburg in 2002,
the Parties note the need to address the links between affordable access to energy services and
sustainable development. Those activities can be promoted in cooperation with the European
Union Energy Initiative, launched at the WSSD.

**Article 37**

**Transport**

1. The Parties agree to cooperate actively in areas of mutual interest. That cooperation
will cover all modes of transport and its connectivity and shall include facilitation of the
movement of goods and passengers, ensuring safety, security and environmental protection,
human resources development and increase in trade and investment opportunities.

2. In the aviation sector, cooperation between the Parties shall aim to promote, _inter alia_ :

(a) the development of economic relations based on a coherent regulatory
framework with the objective of facilitating doing business;

(b) technical and regulatory convergence as regards safety, security, air traffic
management, economic regulation and environmental protection;

(c) the reduction of greenhouse gas emissions;

(d) projects of mutual interest;

(e) cooperation in international fora.

3. In the maritime transport sector, cooperation between the Parties shall aim to promote,
_inter alia_ :

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(a) dialogue on relevant issues, such as access to international maritime transport
markets and trade on a commercial and non-discriminatory basis, national
treatment and a most-favoured-nation clause for vessels flying the flag of one
of the EU Member States or Malaysia, or which are operated by nationals or
companies thereof, as well as matters related to door-to-door transport
services, excluding cabotage trades;

(b) exchange of views and best practices, where applicable, on safety, security,
including measures to combat piracy and armed robbery at sea, and
environmental protection procedures, standards and regulations, in line with
relevant international conventions;

(c) cooperation in international fora, in particular in the areas of reduction of
greenhouse gas emissions, and of working conditions, education, training and
certification of seafarers.

4. The Parties may explore any possible scope for enhanced cooperation in fields of
mutual interest _._

**Article 38**

**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 the knowledge of their
respective cultures. To that end, the Parties will support and promote the activities of their
cultural institutions.

2. The Parties shall endeavour to take appropriate measures to promote cultural
exchanges, including people-to-people exchanges, and carry out joint initiatives in various
cultural spheres, including cooperation in heritage conservation with respect to cultural
diversity. In that regard, the Parties also agree to continue supporting the activities of the
Asia-Europe Foundation.

3. The Parties agree to consult and cooperate in relevant international fora, in particular
the United Nations Educational, Scientific and Cultural Organization (“UNESCO”), in order
to pursue common objectives and promote cultural diversity as well as the protection of
cultural heritage. The Parties will promote and adhere to the principles of the UNESCO
Universal Declaration on Cultural Diversity.

4. The Parties shall furthermore promote actions and the implementation of programmes
in higher education and for the mobility and training of researchers, including the EU
Erasmus+ programme and Marie Sklodowska-Curie actions. Those shall, _inter alia_, support
inter-institutional cooperation and the development of links between higher education
institutions, encourage mobility of students, researchers, academic staff and experts, promote
exchange of information and know-how, help capacity-building and the development of
quality in teaching and learning. Actions could also cover institutional cooperation through
bodies such as the Asia-Europe Institute.

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**Article 39**

**Environment and natural resources**

1. Recalling the outcome of the UN Conference on Environment and Development held
in Rio de Janeiro in 1992, the WSSD and the UN Conference on Sustainable Development
held in Rio de Janeiro in 2012 (Rio + 20), as well as 2030 Agenda, the Parties agree to
cooperate in promoting the conservation and improvement of the environment in pursuit of
sustainable development. The implementation of the applicable multilateral environmental
agreements shall be taken into account in all activities undertaken by the Parties under this
Agreement.

2. The Parties recognise 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, in particular in accordance with the Convention on Biological Diversity and the
Convention on International Trade in Endangered Species of Wild Fauna and Flora. They
commit themselves to implementing the decisions adopted under those Conventions,
including through strategies and action plans.

3. The Parties shall endeavour to continue strengthening their cooperation on the
protection of the environment, including in regional programmes, exchange of best practices,
political and regulatory dialogues, conferences and workshops, specifically as regards:

(a) promoting environmental awareness and enhanced participation of all local
communities, in environmental protection and sustainable development efforts;

(b) addressing the challenges of climate change in particular as regards impacts on
eco-systems and natural resources;

(c) promoting capacity-building relating to the participation in, and
implementation of, applicable multilateral environmental agreements that are
binding on them;

(d) enhancing cooperation to protect, conserve and manage in a sustainable
manner forest resources and on combating illegal logging and its associated
trade;

(e) conserving and sustainably using biological diversity, including endangered
species, their habitat and genetic diversity, enhancing cooperation on invasive
alien species of concern for the Parties, and restoring degraded ecosystems;

(f) combating illegal wildlife trade and implementing effective measures against
it;

(g) preventing illegal transboundary movement of hazardous waste and other
waste and ozone depleting substances;

(h) improving the protection and conservation of the coastal and marine
environment and promoting the sustainable use of marine resources;

(i) improving ambient air quality, environmentally sound management of waste,
of water resource and of chemicals, and promoting sustainable consumption
and production;

(j) promoting the protection and conservation of soils and sustainable land
management;

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(k) promoting the designation of protected areas and the protection of ecosystems
and natural areas, as well as the effective management of national parks, with
due regard for local and indigenous communities living in or near those areas;

(l) promoting an effective cooperation in the context of the Nagoya Protocol on
Access to Genetic Resources and the Fair and Equitable Sharing of Benefits
Arising from their Utilization to the Convention on Biological Diversity;

(m) encouraging the development and use of voluntary sustainability assurance
schemes such as fair and ethical trade schemes, eco-labels and certification
schemes.

4. The Parties shall encourage mutual access to their programmes in those fields, in
accordance with the specific terms of such programmes.

5. The Parties shall endeavour to enhance cooperation to address climate change
mitigation and adaptation issues under the UNFCCC.

**Article 40**

**Agriculture, livestock, fisheries and rural development**

The Parties agree to encourage dialogue and promote cooperation in agriculture, livestock,
fisheries, including aquaculture, and rural development. The Parties will exchange
information on:

(a) agricultural policy, international agricultural outlook and geographical indications in
general;

(b) the possibilities for facilitating trade in plants, animals, aquatic animals and their
products;

(c) policies related to animal welfare;

(d) development policy in rural areas including capacity-building programmes and best
practices in relation to rural cooperatives and the promotion of products from rural

areas;

(e) quality policy for plants, animals and aquatic products;

(f) the development of sustainable and environmentally-friendly agriculture, agroindustry and the transfer of bio-technologies;

(g) plant variety protection, seed technology, improving crop productivity, alternative
crop technologies including agricultural biotechnology;

(h) the development of databases on agriculture and livestock;

(i) training in the area of agriculture, veterinary fields and fisheries, including
aquaculture;

(j) supporting sustainable and responsible long-term marine and fisheries policy including
conservation and management of coastal and high-seas marine resources;

(k) promoting efforts to prevent and combat illegal, unreported and unregulated fishing
practices and associated trade.

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**Article 41**

**Health**

1. The Parties agree to cooperate in the health sector with a view to improving health
conditions covering, _inter alia_ **,** preventive medicine, major communicable diseases and other
health threats such as non-communicable diseases **,** as well as international health agreements.

2. Cooperation shall take place mainly through:

(a) exchange of information and collaboration in the early prevention of health
threats such as avian and pandemic influenza and other major communicable
diseases with pandemic potential;

(b) exchanges, fellowships and training programmes;

(c) promoting full and timely implementation of international health agreements
such as the World Health Organization (“WHO”) International Health
Regulations and the WHO Framework Convention on Tobacco Control.

**Article 42**

**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 in the workplace,
gender equality and decent work, with a view to strengthening the social dimension of
globalisation.

2. The Parties reaffirm the need to support a process of globalisation that 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 UN General Assembly
Resolution 60/1 (2005) and the Ministerial Declaration of the high-level segment of the UN
Economic and Social Council of 5 July 2006, and taking into account 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. The Parties reaffirm the commitment to respect, promote and realise the principles of
the internationally recognised core labour and social standards, as referred to, in particular, in
the 1998 ILO Declaration on Fundamental Rights and Principles at Work and to implement
applicable ILO Conventions that are binding on them. The Parties will cooperate and
exchange information on relevant employment and labour matters as agreed by the Parties.

4. The forms of cooperation may include, _inter alia_, specific programmes and projects,
as mutually agreed, as well as dialogue, cooperation and initiatives on topics of common
interest at bilateral or multilateral level, such as ASEM, EU-ASEAN dialogue and the ILO.

**Article 43**

**Statistics**

The Parties agree to promote, in addition to existing activities of statistical cooperation
between the Union and ASEAN, and subject to their respective laws, rules, regulations and
policies, statistical capacity-building and harmonisation of statistical methods and practice,

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including the gathering and dissemination of statistics, thus enabling them to use, on a
mutually acceptable basis, statistics on national accounts, foreign direct investment, trade in
goods and services and, more generally, in mutually agreed areas covered by this Agreement
which lend themselves to collection, processing, analysis and dissemination of statistical data.

**Article 44**

**Civil society**

The Parties recognise the role and potential contribution of civil society organisations and
academic institutions in support of the cooperation under this Agreement, and agree to
promote, to the extent possible, dialogue with them and their meaningful participation in
relevant fields of cooperation, in accordance with their respective laws, rules, regulations and
policies.

**Article 45**

**Public administration**

The Parties agree to cooperate with a view to enhancing capacity-building in the field of
public administration. Cooperation in that area may include exchange of views on best
practices on management methods, service delivery, reinforcing institutional capacity and
transparency issues.

**Article 46**

**Disaster management**

1. The Parties recognise the need to minimise the impact of natural and man-made
disasters. The Parties affirm their common commitment to promoting prevention, mitigation,
preparedness, response and recovery measures in order to increase the resilience of their
societies and infrastructures, and to cooperate, as appropriate, at bilateral and multilateral
level to progress towards such objectives.

2. Cooperation may take the form of, _inter alia_, the following:
(a) sharing of best practises in disaster management;
(b) capacity-building;
(c) information sharing;
(d) promoting public awareness and general education.

3. Cooperation referred to in paragraph 2 may include the sharing of disaster-relief and
emergency-assistance information, taking into account the work of both the EU Emergency
Response Coordination Centre and the ASEAN Coordinating Centre for Humanitarian
Assistance on Disaster Management.

# EN 25 EN

**TITLE VIII**

**MEANS OF COOPERATION**

**Article 47**

**Resources for cooperation**

In order to fulfil the cooperation objectives set out in this Agreement, the Parties agree to
make available the appropriate resources for cooperation activities in the areas covered by this
Agreement, including financial means, insofar as their respective resources and regulations
allow. Those cooperation activities may include, as appropriate, capacity-building and
technical cooperation initiatives, exchange of experts, conduct of studies and other activities
agreed by the Parties.

**Article 48**

**Financial assistance and interests**

1. Any EU financial assistance under this Agreement shall be implemented by the Parties
in accordance with the principles of sound financial management and the Parties will
cooperate in the protection of their financial interests.

2. The Parties shall take appropriate measures to prevent and fight fraud, corruption and
any other illegal activities affecting their financial interests, in accordance with their
respective laws, rules and regulations. Those measures will include the exchange of
information and mutual administrative assistance. The European Anti-Fraud Office and the
competent Malaysian authorities may agree on further cooperation in the anti-fraud field.

**Article 49**

**Intellectual property rights resulting from cooperation arrangements**

Intellectual property rights resulting from cooperation arrangements under this Agreement
shall be protected and enforced in conformity with the respective laws, rules and regulations
of either Party and with any respective international agreements to which both Parties are
party. That is without prejudice to any specific provision under existing and future individual
cooperation arrangements.

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**TITLE IX**

**INSTITUTIONAL FRAMEWORK**

**Article 50**

**Joint Committee**

1. The Parties agree to establish under this Agreement a Joint Committee, composed of
representatives of the Parties at an appropriate high level, whose tasks 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 aims of this Agreement;

(d) settle, where applicable, any difference or divergence arising in the
interpretation, implementation or application of this Agreement in accordance
with Article 53;

(e) examine all information presented by either Party regarding non-fulfilment of
the obligations, and hold consultations with the other Party to seek an amicable
and mutually acceptable solution to the Parties in accordance with Article 53;

(f) oversee the implementation of any specific agreement as referred to in Article
52(2).

2. The Joint Committee shall normally meet not less than every two years, in Malaysia
and Brussels alternately, on a date to be determined 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.

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

4. The Joint Committee shall adopt its own rules of procedure.

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**TITLE X**

**FINAL PROVISIONS**

**Article 51**

**Disclosure of information**

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

2. The Parties shall give appropriate protection to information shared under this
Agreement, consistent with the public interest on access to information and in accordance
with their respective laws, rules and regulations.

**Article 52**

**Other agreements**

1. This Agreement shall not affect the application or implementation of commitments
undertaken by the Parties in relation with third countries and international organisations.

2. The Parties may complement this Agreement by concluding specific agreements in
any area of cooperation falling within the scope of this Agreement. 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 53**

**Fulfilment of obligations**

1. Any difference or divergence between the Parties concerning the interpretation,
implementation or application of this Agreement shall be settled amicably, through
consultation or negotiations within the Joint Committee, without reference to a third party or
international tribunal.

2. If either Party considers that the other Party has failed to fulfil any of the obligations
under this Agreement it shall notify the other Party. The Parties shall hold consultations with
a view to reaching a mutually acceptable solution to the matter. Such consultations shall take
place under the auspices of the Joint Committee. Where the Joint Committee is unable to
reach a mutually acceptable solution, the notifying Party may take appropriate measures. For
the purpose of this paragraph, ‘appropriate measures’ means any measure recommended by
the Joint Committee or the suspension, in part or in full, of this Agreement.

3. If either Party considers that the other Party has failed to fulfil any of the obligations
that are described as essential elements in Article 1(1) and Article 7(1), it shall immediately
notify the other Party of this fact and the appropriate measures it intends to take. The
notifying Party shall advise the Joint Committee of the need to hold urgent consultations on
the matter. Where the Joint Committee is unable to reach a mutually acceptable solution
within 15 days from the commencement of consultations, and no later than 30 days from the

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date of the notification, the notifying Party may take the appropriate measures. For the
purpose of this paragraph ‘appropriate measures’ means any measure recommended by the
Joint Committee or the suspension, in part or in full, of this Agreement or of any specific
agreement within the meaning of Article 52(2).

4. Any appropriate measure taken shall be proportionate to the failure to implement
obligations under this Agreement and shall not affect the continuation of other obligations
under this Agreement not affected by the situation. In the selection of the appropriate
measure, priority must be given to those which least disturb the functioning of this Agreement
or of any specific agreement within the meaning of Article 52(2).

**Article 54**

**Facilitation**

To facilitate cooperation within the framework of this Agreement, the Parties agree to grant
facilities to officials and experts involved in the implementing cooperation in the performance
of their functions, in accordance with the respective laws, rules and regulations of the Parties.

**Article 55**

**Territorial application**

This Agreement shall apply, on the one hand, to the territories in which the TEU and the
TFEU are applied under the conditions laid down in those Treaties and, on the other hand, to
the territory of Malaysia.

**Article 56**

**Definition of the Parties**

For the purpose of this Agreement, the term “the Parties” shall mean the Union or its Member
States, or the Union and its Member States, in accordance with their respective competences,
on the one hand, and the Government of Malaysia, on the other hand.

**Article 57**

**Future development and amendments**

1. Either Party may, in writing, put forward any proposals for the expansion of the scope
of cooperation or amendment to any provision of this Agreement.

2. Any suggestions for the expansion of the scope of cooperation shall take into account
the experience gained in the application and implementation of this Agreement or of any
specific agreement referred to in Article 52(2).

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3. Any expansion of the scope of cooperation or amendments of this Agreement shall be
made by mutual written agreement, through supplementary agreements or protocols or such
appropriate instruments as may be agreed by the Parties.

4. Such supplementary agreements, protocols or appropriate instruments shall enter into
force on a date to be agreed by the Parties and shall constitute an integral part of this
Agreement.

**Article 58**

**Entry into force, provisional application and duration**

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

2. Notwithstanding paragraph 1 and pending its entry into force, the Union and Malaysia
agree to provisionally apply this Agreement in part, as specified by the Union, as set out in
paragraph 3, and in accordance with their respective internal procedures and legislation, as
applicable.

3. The provisional application shall be effective from the first day of the second month
following the date of receipt of the following:

(a) the Union's notification on the completion of the procedures necessary for that purpose,
indicating the parts of the Agreement that are to be provisionally applied; and

(b) Malaysia's deposit of the instrument of ratification in accordance with its procedures
and applicable legislation.

4. This Agreement shall be 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.

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

**Article 59**

**Notifications**

Notifications made in accordance with Article 58 shall be made to the General Secretariat of
the Council of the European Union and to the Ministry of Foreign Affairs of Malaysia,
respectively.

**Article 60**

**Authentic text**

This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish,
Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian,

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Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and
Malay 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 ………………… [place], this …………………………….. day of ……… [month]
in the year Two Thousand and ...

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,

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FOR THE REPUBLIC OF LITHUANIA,

FOR THE GRAND DUCHY OF LUXEMBOURG,

FOR HUNGARY,

FOR THE REPUBLIC OF 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,

FOR THE EUROPEAN UNION,

FOR THE GOVERNMENT OF MALAYSIA

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