Posted in: 'BOE' no. 254 of October 20, 2014, pages 84849-84869 (21 pp.)
Section I. General Provisions
Department: Ministry of Foreign Affairs and Cooperation
Reference: BOE-A-2014-10603

Download original text with images here .

TEXT

Global Framework Agreement on Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, on the other, made in Jakarta on November 9, 2009.

The European Community,
hereinafter referred to as "the Community", and
The Kingdom of Belgium,
The Republic of Bulgaria,
The Czech Republic,
The Kingdom of Denmark
The Federal Republic of Germany,
The Republic of Estonia,
Ireland
The Hellenic Republic
The Kingdom of Spain,
The French Republic
The Italian Republic
The Republic of Cyprus,
The Republic of Latvia,
The Republic of Lithuania
The Grand Duchy of Luxembourg,
The Republic of Hungary,
Malta,
The Kingdom of the Netherlands,
The Republic of Austria,
The Republic of Poland,
The Portuguese Republic
Romania
The Republic of Slovenia,
The Slovak Republic,
The Republic of Finland
The Kingdom of Sweden,
The United Kingdom of Great Britain and Northern Ireland

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

on the one hand, and

The Government of the Republic of Indonesia,

otherwise,

Hereinafter jointly the "Parties",

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

Considering the special importance attached by the Parties to the global nature of their relationship,

Reaffirming the commitment of the Parties to respect the principles contained in the United Nations Charter,

Reaffirming the commitment of the Parties to ensure respect, promotion and protection of democratic principles and fundamental human rights, rule of law, peace and international justice as set out, inter alia, in the Universal Declaration of human rights of the United Nations in the Rome Statute and other international human rights instruments where these are applicable to both Parties,

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

Reaffirming its commitment to the rule of law and good governance, as well as their desire to promote economic and social progress for their peoples, taking into account the principle of sustainable development and the need for environmental conditions

Reaffirming that the most serious crimes of concern to the international community must not go unpunished and that the accused must be brought to justice and if found guilty, should be punished appropriately and that their effective prosecution must be ensured by taking measures at increasing national and global collaboration,

Expressing its full commitment to combating all forms of transnational organized crime and terrorism under international law, particularly the laws on human rights, humanitarian principles applicable to matters relating to migration and refugees, and international humanitarian law, and the establishment of effective international cooperation and instruments to ensure its eradication,

Whereas the Parties recognize that the adoption of appropriate and other relevant resolutions of the United Nations Security Council, in particular its resolution 1540, international conventions are the basis of the commitment of the international community in the fight against the proliferation of weapons of mass destruction,

Recognizing the need to strengthen the obligations on disarmament and non-proliferation under international law, with the aim, inter alia, to exclude the danger posed by weapons of mass destruction,

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

Recognizing the importance of strengthening the relations between the Parties with a view to improving cooperation between them as well as their common will to consolidate, deepen and diversify their relations in areas of mutual interest on the basis of equality, non-discrimination, respect for environment and mutual benefit,

Confirming its desire to improve, in full accordance with the activities undertaken at the regional level, cooperation between the Community and the Republic of Indonesia, based on shared values ​​and mutual benefit,

In accordance with their respective laws and regulations,

Have agreed upon the following provisions:

TITLE I
Nature and Scope

ARTICLE 1
general principles

1. Respect for democratic principles and fundamental human rights enshrined in the Universal Declaration of Human Rights and other international instruments applicable to both Parties human rights inspire the domestic and external policies of the Parties and constitute an element essence of this Agreement.

2. The Parties confirm their shared values ​​expressed in the United Nations Charter.

3. The Parties confirm their commitment to promoting sustainable development, cooperation to meet the challenges of climate change and contribute to achieving the Millennium Development Goals.

4. The Parties reaffirm their commitment to the 2005 Paris Declaration on Aid Effectiveness and agree to strengthen cooperation to improve results in the field of development.

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

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

ARTICLE 2
Cooperation objectives

In order to strengthen their bilateral relations, the Parties undertake to hold a comprehensive dialogue and promote greater cooperation between them in all areas of common interest. Your efforts will be directed in particular to:

a) establish bilateral cooperation in all forums and relevant regional and international organizations;

b) develop trade and investment between the Parties mutually beneficial;

c) establishing cooperation in all areas of common interest related to trade and investment, in order to facilitate trade and investment flows and to prevent and remove obstacles to such flows, including, where appropriate, regional initiatives CE current and future-ASEAN;

d) establishing cooperation in all other fields of common interest, in particular, tourism, financial services, taxation and customs, macroeconomic policy, industrial policy and SMEs, information society, science and technology, energy, transport and transport safety, education and culture, human rights, environment and natural resources, including the marine environment, forestry, agriculture and rural development, cooperation on maritime and fisheries sector, health, food safety, animal health, statistics, protection of personal data, cooperation in the modernization of public administration and intellectual property rights;

e) establishing cooperation on migration, both legal related to illegal immigration, smuggling of migrants and trafficking in human beings;

f) establishing cooperation on human rights and legal affairs;

g) establishing cooperation in combating the proliferation of weapons of mass destruction;

h) establishing cooperation in combating terrorism and international crime, in areas such as manufacturing and trafficking of illicit drugs and precursors and money laundering;

i) strengthen existing and encourage the possible involvement of both parties in subregional programs and relevant regional cooperation;

j) improve profiles of both parties in the region to the other;

k) promote understanding between peoples through cooperation between non-governmental organizations such as think tanks, academia, civil society and the media, in the form of seminars, conferences, youth interaction and other activities .

ARTICLE 3
Fight against the proliferation of WMD

1. The Parties consider that the proliferation of WMD and their means of delivery, both public and private actors, represents one of the most serious threats to international stability and security threats.

2. Therefore, the Parties agree to cooperate and contribute to the fight against the proliferation of WMD and their means of delivery fully respecting and implementing national obligations currently imposed on them under international treaties and conventions disarmament and non-proliferation, and other multilateral international agreements and obligations contained in the United Nations Charter. The Parties agree that this provision constitutes an essential element of this Agreement.

3. The Parties agree to cooperate and take the necessary measures to improve the implementation of international instruments on disarmament and non-proliferation of weapons of mass destruction, applicable to both Parties, including through exchange of information, knowledge technical and experience.

4. The Parties also agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their delivery means taking steps to sign, ratify or accede measures, as appropriate, to all other relevant international instruments and implement them fully.

5. The Parties agree, on the other, to cooperate in the establishment of effective national export controls to prevent proliferation, controlling both export and transit of goods related to weapons of mass destruction (WMD), including through the control of the end-use of WMD and dual-use technologies with effective sanctions for breaches of export controls.

6. The Parties agree to establish a regular political dialogue that will accompany and consolidate these elements. This dialogue can be developed regionally.

ARTICLE 4
legal Cooperation

1. The Parties shall cooperate on issues concerning the development of their legal systems, laws and legal institutions, as well as its effectiveness, particularly through the exchange of views and knowledge and strengthening their capacities. Among its powers and jurisdiction, the Parties shall endeavor to develop mutual legal assistance in criminal matters and extradition.

2. The Parties reaffirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that the defendants should be liable to prosecution and, if convicted, should be punished appropriately.

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

4. The Parties recognize the beneficial nature of a dialogue on this issue.

ARTICLE 5
Cooperation in the fight against terrorism

1. The Parties, reaffirming the importance of the fight against terrorism, and in accordance with applicable international obligations, including human rights instruments and international humanitarian law, as well as with their respective legislation and regulations, and taking into account the Global counter-Terrorism Strategy, adopted by the United Nations General Assembly in Resolution No. 60/288 of 8 September 2006, and the joint statement of the EU-ASEAN cooperation in the fight against terrorism, of January 28, 2003, agree to cooperate in the prevention and suppression of terrorist acts.

2. Within the framework of the implementation of Resolution 1373 of the United Nations Security Council and other relevant UN resolutions, international conventions and instruments applicable to both Parties, cooperate in the fight against terrorism, including by :

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

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

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

- Cooperation in the promotion of control and border management, strengthening the capacity building programs by establishing networking, training and education, the exchange of visits by senior officials, academics, analysts and field operators and organizing seminars and conferences.

TITLE II
Cooperation at the regional and international organizations

ARTICLE 6

The Parties agree to exchange views and cooperate in regional and international forums and organizations such as the United Nations, the ASEAN-EU, ASEAN Regional Forum (ARF), the Asia-Europe Meeting (ASEM) Summit, the Conference dialog United Nations Conference on Trade and Development (UNCTAD) and the World Trade Organization (WTO).

TITLE III
Bilateral and Regional Cooperation

ARTICLE 7

1. For each sector dialogue and cooperation under this Agreement, and at the same time putting due emphasis on issues related to bilateral cooperation, both Parties agree to carry out the activities of bilateral or regional level or through a combination of both. With this, the Parties will seek to maximize the impact on all stakeholders, strengthening their participation, while making the best use of available resources, taking into account the political and institutional feasibility and, where appropriate, ensuring consistency with other activities involving members of the Community and ASEAN.

2. The Community and Indonesia may decide, as appropriate, to extend financial support to cooperative activities in the areas covered by the Agreement or related thereto, in accordance with their respective procedures and financial resources. Such cooperation may include, in particular, the organization of training programs, workshops and seminars, exchanges of experts, studies and other actions agreed by the Parties.

TITLE IV
Cooperation in trade and investment

ARTICLE 8
general principles

1. The Parties shall establish a dialogue on bilateral and multilateral trade and trade-related issues to strengthen bilateral trade relations and advancing the multilateral trading system.

2. The Parties undertake to promote the development and diversification of trade between them as much as possible and mutual benefit. They promise to improve the conditions of access to working to eliminate barriers to trade, including through the timely removal of NTBs at the time markets, and measures to improve transparency, given the work of the international organizations in this field.

3. Recognizing that trade plays a vital role in development, and assistance in the form of preferential trade regimes have proven beneficial to developing countries, the Parties shall endeavor to strengthen their consultation on such assistance in full compliance with WTO rules.

4. The Parties shall keep each other informed of developments in trade policies and trade-related, such as agricultural policy, the politics of food safety, animal health policy, consumer policy, relative to the substances hazardous chemical and policy management of waste.

5. The Parties shall encourage dialogue and cooperation to develop their trade and investment relations, including through the strengthening of technical skills for solving problems in the areas referred to in Articles 9-16.

ARTICLE 9
Sanitary and phytosanitary issues

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

ARTICLE 10
Technical barriers to trade

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 (TBT).

ARTICLE 11
Protection of intellectual property rights

The Parties shall cooperate in order to improve and enforce intellectual property protection and utilization based on best practices, and promoting the dissemination of knowledge in this area. Such cooperation may include the exchange of information and experience on issues such as the practice, promotion, dissemination, streamlining, management, harmonization, protection and effective protection of intellectual property rights, the prevention of the abuse of these rights, the fight counterfeiting and piracy.

ARTICLE 12
Trade facilitation

The Parties share experiences and examine ways to simplify their procedures for import, export and other customs procedures, increase transparency of trade regulations and develop customs cooperation, including mechanisms for mutual administrative assistance while seeking convergence of views and common action in the context of international initiatives. The Parties shall pay special attention to strengthen the security dimension of international trade, including transport services, and to ensure a balanced approach between trade facilitation and the fight against fraud and irregularities.

ARTICLE 13
customs cooperation

Without prejudice to other forms of cooperation provided for in this Agreement, both parties expressed their interest in considering the possibility, in the future, to conclude a protocol on customs cooperation, including mutual assistance in the institutional framework established by this Agreement.

ARTICLE 14
investment

The Parties shall encourage increased investment flows to develop an attractive and stable environment for reciprocal investment through a constant dialogue to improve understanding and cooperation on issues related to investment, considering the administrative mechanisms to facilitate investment flows and encouraging the establishment of a stable, transparent system, open and non-discriminatory investment.

ARTICLE 15
Competition policy

The Parties shall promote the establishment and effective implementation of the competition rules and information dissemination to encourage transparency and legal certainty for businesses operating in the markets of the other Party.

ARTICLE 16
services

The Parties shall maintain an ongoing dialogue aimed in particular to exchange information on their respective regulatory environments to encourage access to their respective markets, to promote access to sources of capital and technology, promoting trade in services between the two regions and markets from third countries.

TITLE V
Cooperation in other areas

ARTICLE 17
Tourism

1. The Parties shall cooperate to improve the exchange of information and establish best practices to ensure a balanced and sustainable development of tourism in accordance with the Global Code of Ethics for Tourism of the World Tourism Organization and the principles sustainability that underpin the process of Local Agenda 21.

2. The Parties shall intensify their cooperation to safeguard and optimize the potential of natural and cultural heritage, reducing the negative impact of tourism and increasing the positive contribution of tourism business to the local community sustainable development, including through the development of ecological tourism, respect for the integrity and interests of local communities and improving training in the tourism sector.

ARTICLE 18
financial Services

The Parties agree to foster, according to their needs and within their respective programs and legislation, cooperation on financial services.

ARTICLE 19
Economic policy dialogue

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

2. The Parties shall endeavor to strengthen the dialogue between their authorities on economic issues, as agreed by the Parties, may include areas such as monetary policy, fiscal policy (including taxes), public finance, and the macroeconomic stabilization and external debt.

3. The Parties recognize the importance of improving transparency and information exchange in order to facilitate the implementation of measures of prevention of fraud or tax evasion, in the context of their respective legal frameworks. They agree to enhance cooperation in this field.

ARTICLE 20
Industrial policy and cooperation with SMEs

1. The Parties shall, taking into account their respective economic policies and objectives, agree to promote industrial cooperation in all fields deemed suitable in order to improve the competitiveness of small and medium enterprises (SMEs), among other things:

- Exchanging information and experiences on creating the framework conditions necessary for improving the competitiveness of SMEs;

- Promoting contacts between economic operators, encouraging joint investment and the creation of joint ventures and information networks businesses, especially through existing horizontal Community programs, particularly encouraging the transfer of technology and expertise between partners;

- Facilitating access to finance and markets, providing information and stimulating innovation through the exchange of good practices on access to finance especially for micro and small enterprises;

- Through joint research projects in selected industries and cooperation on standards and procedures for conformity assessment and technical regulations, as agreed between the Parties.

2. The Parties shall facilitate and support relevant activities set by their respective private sectors.

ARTICLE 21
Information society

The Parties, recognizing that technologies of information and communication are key elements of modern life and of vital importance to economic and social development, endeavor to cooperate emphasizing, among other things, to:

a) provide a general discussion on the various aspects of the information society, especially the policies and regulations on electronic communications, including universal service, licensing and general authorizations, protection of privacy and personal data and the independence and effectiveness of the regulatory authority;

b) interconnection and interoperability of networks and services in the Community, Indonesia and Southeast Asia;

c) standardization and dissemination of new technologies of information and communication;

d) promoting cooperation in research between the Community and Indonesia in the field of information technology and communication;

e) joint projects in the field of information technology and communication (ICT) research;

f) security of ICT.

ARTICLE 22
Science and technology

1. The Parties agree to cooperate in the field of science and technology in areas of common interest such as energy, transport, environment and natural resources and health interest, considering its policies.

2. The objectives of this cooperation are:

a) encourage exchanges of information and expertise in science and technology, especially in the implementation of policies and programs knowledge;

b) promote enduring relationships between the Parties' scientific communities, research centers, universities and industry;

c) promote the development of human resources;

d) promote other forms of cooperation agreement.

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

4. Within this cooperation, the Parties shall encourage the participation of higher education institutions, research centers and productive sectors, in particular SMEs.

ARTICLE 23
energy

The Parties shall endeavor to strengthen cooperation in the energy sector. To this end, the Parties agree to promote mutually beneficial contacts in order to:

a) diversifying energy sources to improve security of supply, developing new and renewable forms of energy, and cooperating in the various phases of industrial energy activities;

b) achieve a rational use of energy with the contribution of both supply and demand and strengthen cooperation to combat climate change, among other things through the Clean Development Mechanism of the Kyoto Protocol;

c) encourage the transfer of technology aimed at sustainable production and use of energy;

d) address the links between affordable access to energy and sustainable development.

ARTICLE 24
transportation

1. The Parties shall endeavor to cooperate in all relevant areas of transport policy in order to improve the movement of goods and passengers by promoting general safety, safety in the maritime and aviation, development of human resources the environmental protection and increasing the efficiency of their transport systems.

2. The forms of cooperation may include, among others, the following ways:

a) exchange of information about their respective practices and transport policies, especially with regard to urban, rural transport by river and sea, including logistics and the interconnection and interoperability of multimodal transport networks and management roads, railways, ports and airports;

b) possible use of the global system of European satellite navigation (Galileo), focusing on issues of common interest;

c) dialogue in the field of air transport services in order to deepen bilateral relations between the Parties in areas of common interest, including the modification of certain aspects of the existing bilateral agreements in the field of air services between Indonesia and some Member States, in order to adjust them to the respective laws and regulations of the Parties and to study the possibilities for closer cooperation in the field of air transport;

d) dialogue in the field of maritime transport services, with a view to unrestricted access to international trade and shipping markets on a commercial basis, no clauses introducing burden sharing, national treatment and most-favored-nation clause for ships operated by nationals or companies of the other Party and issues related to transport services door to door;

e) implementing regulations regarding safety and pollution prevention, in particular as regards the maritime and air transport, according to the relevant international conventions. 

ARTICLE 25
Education and culture

1. The Parties agree to promote cooperation in the field of education and culture, with due respect for their diversity, to improve their understanding and knowledge of their respective cultures.

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

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

4. The Parties shall focus on measures designed to create links between their specialized agencies in order to promote exchange of information and publications, technical knowledge, students, experts and technical resources to promote ICT in education and take advantage of the facilities offered by the Community programs in Southeast Asia in the field of education and culture, as well as the experience that both Parties have acquired in this field. Both parties also agree to promote the implementation of the Erasmus Mundus program.

ARTICLE 26
Human Rights

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

2. Such cooperation may include, inter alia:

a) supporting the implementation of the National Action Plan on Human Rights of Indonesia;

b) the promotion of human rights and education;

c) strengthening the institutions working in the field of human rights.

3. The Parties recognize the beneficial nature of a dialogue on this issue.

ARTICLE 27
Environment and natural resources

1. The Parties agree on the need to conserve and sustainably manage natural resources and biodiversity as a basis for the development of current and future generations.

2. The outcome of the World Summit on Sustainable Development and implementation of relevant multilateral environmental agreements applicable to both parties in all activities undertaken by the Parties under this Agreement shall be considered.

3. The Parties shall endeavor to continue to cooperate in regional programs for environmental protection, specifically with regard to:

a) awareness of the environment and the capacity for enforcement;

b) strengthening capacity in relation to climate change and energy efficiency, focusing on research and development, monitoring and analysis of climate change and the greenhouse effect, and program risk mitigation and adaptation;

c) strengthening capacities to participate and implement multilateral environmental agreements, including biodiversity, biological biosafety and CITES;

d) promotion of technologies, products and environmental services, including capacity building in environmental management systems and environmental labeling;

e) prevention of illegal transboundary movement of hazardous substances and wastes and other wastes;

f) control of conservation, pollution and degradation of the coastal and marine environment;

g) local participation in environmental protection and sustainable development;

h) management of soils and land;

i) measures to combat transboundary pollution caused by the "haze".

4. The Parties shall encourage mutual access to their programs in this area, under the specific conditions of such programs.

ARTICLE 28
forestry

1. The Parties agree on the need to protect, conserve and sustainably manage forest resources and biodiversity for current and future generations.

2. The Parties shall endeavor to continue their cooperation in order to improve the management of forests and fires, combating illegal logging and associated trade, forest governance, and the promotion of sustainable forest management.

3. The Parties shall develop cooperative programs:

a) cooperation by relevant international, regional and bilateral fora to promote the establishment of legal instruments to combat illegal logging and the associated trade;

b) capacity building, research and development;

c) support the development of sustainable forestry;

d) the development of forest certification.

ARTICLE 29
Agriculture and rural development

The Parties agree that cooperation in agriculture and rural development. Some of the areas of cooperation that can be developed are:

a) agricultural policy and international agricultural outlook in general;

b) the possibility of eliminating barriers to trade in crops, livestock and livestock products;

c) development policy in rural areas;

d) quality policy for crops and livestock, and protected geographical indications;

e) the development of markets and the promotion of international trade relations;

f) the development of sustainable agriculture.

ARTICLE 30
Marine and Fisheries

The Parties shall encourage cooperation in the field of fisheries and the marine environment, at bilateral and multilateral level, in particular, to promote development and sustainable management and responsible fisheries and the marine environment. Areas of cooperation may include:

a) exchange of information;

b) support for a maritime and fisheries policy sustainable and responsible long term that includes the conservation and management of coastal and marine resources;

c) support efforts to prevent and combat illegal fishing practices, unreported and unregulated, and

d) development of markets and capacity building.

ARTICLE 31
health

1. The Parties agree to cooperate in the health sector in areas of common interest to strengthen its activities in the fields of research, health system management, nutrition, pharmaceuticals, preventive medicine, major diseases contagious as avian and pandemic influenza, HIV / AIDS, SARS and non communicable diseases such as cancer and heart diseases, injuries from traffic accidents and other health threats, including drug dependence.

2. Cooperation will take place primarily through:

a) exchange of information and experience in the areas mentioned above;

b) programs on epidemiology, decentralization, health financing, community empowerment and administration of health services;

c) capacity building through technical assistance, training programs, etc .;

d) programs to improve health services and related support activities, including reducing rates of infant and maternal mortality.

ARTICLE 32
Statistics

The Parties agree to promote, according to the activities of existing statistical co-operation between the Community and ASEAN, the harmonization of statistical methods and practices, including the collection and dissemination of statistics, enabling them to use, in a mutually acceptable statistics trade in goods and services and, more generally, on any matter covered by this Agreement which lends statistical, such as the collection, processing, analysis and dissemination.

ARTICLE 33
Privacy Policy

1. The Parties agree to engage in this area, with the common goal of improving the level of protection of personal data, taking into account international best practice, as set out in the Guidelines for the regulation of computerized personal data files United Nations (Resolution 45/95 of the United Nations General Assembly on December 14, 1990).

2. Co-operation for the protection of personal data may include, inter alia, technical assistance in the form of exchange of information and expertise, given the laws and regulations of the Parties.

ARTICLE 34
immigration

1. The Parties reaffirm the importance of working together in the management of migration flows between their territories and to consolidate cooperation, establish a comprehensive dialogue on all issues related to immigration, including illegal immigration, smuggling immigration and trafficking in human beings and the protection of persons in need of international protection. Issues related to immigration will be included in national strategies for economic and social development of both Parties. Parties agree to respect humanitarian principles to address issues related to migration.

2. Cooperation between the Parties shall be in accordance to the specific needs assessment conducted in mutual consultation between the Parties and conducted in accordance with the relevant legislation of the Parties. Cooperation will focus inter alia on:

a) address the root causes of migration;

b) develop and implement national legislation and practices in line with relevant international laws applicable to both Parties and in particular to ensure that the principle of "non-refoulement";

c) consider the issues that are of common interest in the field of visas, travel documents and border control management;

d) the admission rules and rights and status of persons admitted, fair treatment and integration of legal immigrants, education and training, and measures to combat racism and xenophobia;

e) the development of technical and human capacities;

f) the development of effective preventive policy against illegal immigration, smuggling of migrants and trafficking in human beings, including the means to combat networks of traffickers and protect victims;

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

3. Within the framework of cooperation to prevent and control illegal immigration and without prejudice to the need to protect victims of trafficking in human beings, the Parties agree, on the other hand, in:

a) identify their nationals suspected and readmit those who are in the territory of a Member or State Indonesia illegally, produce upon request and without undue delay and further formalities once you have established your citizenship;

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

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

ARTICLE 35
Fight against organized crime and corruption

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

ARTICLE 36
Cooperation in the fight against illicit drugs

1. Within their respective legal frameworks, the Parties shall cooperate in order to ensure a comprehensive and balanced approach through action and effective coordination between the competent authorities of the following sectors: health, education, law enforcement, I Customs social, justice and home affairs, and market regulation in order to reduce as much as possible the supply, trafficking and demand for illicit drugs and their impact on drug users and society in general, and achieve more effective prevention of diversion of precursor chemicals used in the illicit manufacture of narcotic drugs and psychotropic substances.

2. The Parties shall agree on means of cooperation to attain these objectives. The actions are based on common principles in existing international conventions in this area, in the policy statement and specific declaration on the guiding principles to be followed to reduce the demand for drugs adopted by the twenty special session of the General Assembly UN drugs in June 1998.

3. Cooperation between the Parties may involve exchanges of views on legislative frameworks and best practices as well as technical and administrative assistance, particularly in the following areas: prevention and drug treatment covering a wide range of modalities, including reducing the damage caused by addiction and control information centers, staff training, research on drugs, court and law enforcement cooperation and prevention of diversion of precursor chemicals used in the illicit manufacture of narcotic drugs and psychotropic substances. The Parties may agree to include other areas.

4. The Parties shall cooperate in the promotion of sustainable alternative development policies designed to minimize to the greatest extent possible illicit drug cultivation, with special reference to cannabis.

ARTICLE 37
Cooperation in the fight against money laundering

1. The Parties agree on the need to work and cooperate in order to prevent the use of their financial systems for laundering of proceeds of any crime, such as drug trafficking and corruption activity.

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

3. Cooperation allow information exchanges within the framework of their legislation and the adoption of appropriate measures to combat money laundering and financing of terrorism equivalent to those adopted by the Community and relevant international organizations active in this field rules such as the international Financial Action Task Force on Money Laundering (FATF).

ARTICLE 38
civil society

1. The Parties recognize the role and potential contribution of organized civil society, especially the academic authorities in the process of dialogue and cooperation under the agreement, and agree to promote effective dialogue with and their actual participation .

2. In accordance with democratic principles and the laws and regulations of each Party rules, organized civil society may:

a) participate in the process of policy making at national level;

b) be informed of the consultations on development and cooperation strategies and sectoral policies, and participate in, mainly in the fields that affect you in all phases of the development process;

c) transparently manage the financial resources that are assigned to support their activities;

d) participate in the implementation of cooperation programs, including capacity building in the areas of their business.

ARTICLE 39
Cooperation in the modernization of the State and Public Administration

The Parties, based on an assessment of the specific needs conducted through mutual consultation, agree to cooperate with a view to modernizing their public administrations, in order to:

a) improve organizational effectiveness;

b) achieve a more effective delivery of services by the institutions;

c) ensure transparent management of public resources as well as accountability;

d) improving the legal and institutional framework;

e) building capacities for policy design and implementation (public service delivery, development and implementation of the budget, fight against corruption);

f) strengthening judicial systems;

g) improve mechanisms and agencies enforcement.

ARTICLE 40
Means cooperative

1. The Parties agree to provide appropriate resources, including financial resources, to the extent permitted by their respective laws and resources in order to meet the objectives of cooperation provided for in this Agreement.

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

TITLE VI
institutional Framework

ARTICLE 41
Joint Committee

1. The Parties agree to establish a Joint Committee under this Agreement, including representatives of both parties at the highest possible level, whose tasks will include:

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

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

c) resolve disputes arising from the application or interpretation of this Agreement;

d) make recommendations to the signatory parties to the Agreement to promote its objectives and, where appropriate, to resolve any discrepancies in the application or interpretation of this Agreement.

2. The Joint Committee shall normally meet at least once every two years in Indonesia and Brussels alternately, on a date to be fixed by mutual agreement. They may also be called Special meetings of the agreement between the Parties Committee. The Joint Committee shall be chaired alternately by each of the Parties. The agenda of the meetings shall be determined by agreement between the Parties.

3. The Joint Committee may set up specialized working groups to assist it in carrying out its duties. These working groups will submit detailed reports on their activities at each of the meetings of the Board.

4. The Parties agree to instruct the Joint Committee to ensure the smooth running of any protocol or sectoral agreements concluded or to be concluded between the Community and Indonesia.

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

TITLE VII
final Provisions

ARTICLE 42
Future developments

1. The Parties may, by mutual agreement, modify, revise and expand this agreement to increase the level of cooperation, including by supplementing agreements or protocols on specific sectors or activities.

2. For the purposes of this Agreement, either Party may make 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 establishing the European Community, neither this Agreement nor action taken thereunder, affect in any way the competence of Member States to undertake bilateral cooperation with Indonesia or to hold in appropriate, new partnerships and cooperation with Indonesia.

2. This Agreement shall not affect the application or implementation of commitments made by the respective parties in their relations with others.

ARTICLE 44
Mechanism for resolving disputes

1. Any Party may give notice to any divergence Joint arising in the application or interpretation of this Agreement Committee.

2. The Board will address the divergence in accordance with Article 41, paragraph 1 c) and d).

3. Where a Party considers that the other Party has failed to fulfill its obligations under this Agreement it may take appropriate measures. Before doing so, except in cases of special urgency, shall submit to the Board all the information required for a thorough examination of the situation with a view to seeking a solution acceptable to both Parties.

4. For the correct interpretation and practical application of the Agreement, the Parties agree that the term "cases of special urgency" in paragraph 3 refers to cases of breach of the Agreement by either Party. A breach consists in:

i) repudiation of the Agreement not sanctioned by the general rules of international law, or

ii) a violation of an essential element of the Agreement, as described in Article 1, paragraph 1, Article 3, paragraph 2 and Article 35.

5. will be prioritized in the selection of measures to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the other Party and shall be the subject of consultations within the Committee at the request of the other Party.

ARTICLE 45
Amenities

To facilitate cooperation within the framework of this Agreement, both Parties agree to grant the necessary facilities to the experts and the duly authorized officers carrying out cooperation to carry out their duties in accordance with the rules and regulations of both Parties.

ARTICLE 46
territorial Application

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

ARTICLE 47
Definition of the Parties

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

ARTICLE 48
Entry into force and duration

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

2. This Agreement is concluded for a period of five years. It shall be automatically extended for successive periods of one year unless either party notifies the other in writing of its intention not to extend the Agreement six months before the end of any subsequent period of one year.

3. Amendments to this Agreement shall be made by mutual agreement of the Parties. Any changes will become effective only after the last Party has notified the other of the completion of the necessary formalities.

4. This Agreement may be terminated by either party by written petition addressed to the other Party. This Agreement shall cease to apply six months after receipt of such notice by the other Party.

ARTICLE 49
notification

The notification shall be addressed to the Secretary General of the Council of the European Union and the Minister of Foreign Affairs of the Republic of Indonesia, respectively.

ARTICLE 50
authentic text

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

Done in duplicate at Jakarta on 9 November in the year two thousand and nine.

FINAL ACT

The plenipotentiaries of:

The European Community, hereinafter referred to as "the Community",
and
The Kingdom of Belgium,
The Republic of Bulgaria,
The Czech Republic,
The Kingdom of Denmark
The Federal Republic of Germany,
The Republic of Estonia,
Ireland
The Hellenic Republic
The Kingdom of Spain,
The French Republic
The Italian Republic
The Republic of Cyprus,
The Republic of Latvia,
The Republic of Lithuania
The Grand Duchy of Luxembourg,
The Republic of Hungary,
Malta,
The Kingdom of the Netherlands,
The Republic of Austria,
The Republic of Poland,
The Portuguese Republic
Romania
The Republic of Slovenia,
The Slovak Republic,
The Republic of Finland
The Kingdom of Sweden,
The United Kingdom of Great Britain and Northern Ireland

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

on the one hand, and

The Republic of Indonesia,

otherwise,

Meeting in Jakarta on November 9, 2009 for the signing of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, on the other hand, have adopted the Agreement.

The plenipotentiaries of the Member States and the plenipotentiary of the Republic of Indonesia note the following statement on the European Community:

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

Done in duplicate at Jakarta on 9 November in the year two thousand and nine.