EUROPEAN COMMISSION

Brussels, 23.8.2022

COM(2022) 426 final

ANNEX

to the

Proposal for a Council Decision

on the signing, on behalf of the European Union, and provisional application of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Kingdom of Thailand, of the other part

ANNEX

FRAMEWORK AGREEMENT
ON COMPREHENSIVE PARTNERSHIP AND COOPERATION
BETWEEN THE EUROPEAN UNION
AND ITS MEMBER STATES, OF THE ONE PART,
AND THE KINGDOM OF THAILAND, 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,

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,

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

   of the one part,

and

THE KINGDOM OF THAILAND, hereinafter referred to as "Thailand",

   of the other part,

hereinafter jointly referred to as "the Parties",

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

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

REAFFIRMING their attachment to democratic principles and human rights and fundamental freedoms as laid down in the Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations (UNGA) on 10 December 1948, and other relevant international human rights instruments;

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 environmental protection requirements and the principles of sustainable development, as well as the 2030 Agenda for Sustainable Development, adopted by UNGA Resolution No. 70/1 of 25 September 2015;

RECOGNISING Thailand's status as a developing country and taking into account the Parties' respective levels of development;

RECOGNISING the need to promote both non-proliferation and disarmament concepts and objectives through relevant international and regional instruments in order to counter the danger posed by weapons of mass destruction (WMD). The adoption by consensus of United Nations Security Council (UNSC) Resolution 1540 (2004) underlines the commitment of the whole international community to fight against the proliferation of such weapons. The European Council adopted on 12 December 2003 a Strategy against Proliferation of Weapons of Mass Destruction, and the Council of the European Union adopted on 17 November 2003 a European Union policy of mainstreaming non-proliferation policies into Union's relations with third countries. Thailand, as a member of the Association of Southeast Asian Nations (ASEAN), is a founding signatory to the Treaty on the Southeast Asia Nuclear Weapon-Free Zone, signed in Bangkok on 15 December 1995;

WHEREAS the Parties acknowledge the links between disarmament, arms control, peace and security, and development, and note that closer cooperation between the Parties in promoting the implementation of the relevant international instruments can lead to progress towards the achievement of the UN Sustainable Development Goals (SDGs) and a more secure world;

WHEREAS the Parties view terrorism as a threat to global security and wish to intensify their dialogue and cooperation in the fight against terrorism, in accordance with relevant UNSC resolutions, in particular UNSC Resolution 1373 (2001), the Parties reaffirm that respect for human rights for all and the rule of law are the fundamental basis for the fight against terrorism;

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

REAFFIRMING the determination to fight against serious crimes of international concern;

RECOGNISING the importance of the Cooperation Agreement between the European Economic Community and Indonesia, Malaysia, the Philippines, Singapore and Thailand – member countries of the ASEAN signed on 7 March 1980, and its subsequent accession protocols;

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

RECOGNISING that Thailand and the European Union share the common aspiration to achieve resource-efficient, inclusive, innovative, net zero emissions and green economies, and that the exchange of experiences in implementing their domestic policies can improve their outcomes and speed up the realisation of the UN SDGs;

EXPRESSING their full commitment to promote sustainable development in all its dimensions, including environmental protection and effective cooperation to combat climate change and effective implementation of the United Nations Framework Convention on Climate Change (UNFCCC), adopted in Rio de Janeiro on 9 May 1992, and the Paris Agreement, adopted in Paris on 12 December 2015, as well as effective promotion and implementation of internationally recognised labour and social standards;

ENSURING in this regard that no one is left behind;

UNDERLINING the importance of deepening relations and cooperation in areas such as migration;

CONFIRMING their desire to enhance, in full concord with activities undertaken in regional frameworks, the cooperation between both Parties, based on shared values and mutual benefit;

RECOGNISING the importance attached by the Parties to the principles and rules which govern international trade as contained in particular in the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement), done at Marrakesh on 15 April 1994, and to the need to apply them in a transparent and non-discriminatory manner;

NOTING that, in case the Parties decided, within the framework of this Agreement, to enter into specific agreements in the Area of Freedom, Security and Justice which were to be concluded by the EU pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union, the provisions of such future specific agreements would not bind Ireland unless the EU, simultaneously with Ireland as regards its previous bilateral relations, notifies Thailand that Ireland has become bound by such future specific agreements as part of the EU in accordance with Protocol No 21 on the position of Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. Likewise, any subsequent EU internal measures which were to be adopted pursuant to the above mentioned Title V to implement this Agreement would not bind Ireland unless it has notified its wish to take part in or accept such measures in accordance with Protocol No 21. Also noting that such future specific agreements or such subsequent EU internal measures would fall within Protocol No 22 on the position of Denmark annexed to those Treaties,

HAVE AGREED AS FOLLOWS:

TITLE I

NATURE AND SCOPE

ARTICLE 1

General Principles

1.    Respect for democratic principles, human rights and fundamental freedoms, as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments, as well as 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 commitment to promoting sustainable development in all its dimensions, to cooperating in addressing challenges of climate change and globalisation, and to contributing to the 2030 Agenda for Sustainable Development.

3.    The Parties reaffirm their commitment to the Paris Declaration on Aid Effectiveness, adopted in 2005, and agree to strengthen cooperation with a view to further improving development performance.

4.    The Parties reaffirm their attachment to the principles of good governance and to the fight against corruption at all levels, notably taking into account their international obligations.

5.    The Parties agree that cooperation activities under this Agreement shall take into account their respective needs and capacities.

ARTICLE 2

Aims of Cooperation

In light of their well-established partnership, the Parties agree on a forward-looking relationship with a more structured and strategic perspective, shared values and issues of mutual interest, and undertake to hold a comprehensive dialogue and promote further cooperation between them in all sectors of common interest. Their efforts will in particular be aimed at:

(a)    nurturing cooperation, on a bilateral and multilateral basis, in all relevant regional and international fora and organisations involved in matters covered by this Agreement;

(b)    establishing cooperation on countering the proliferation of WMD;

(c)    establishing a dialogue on serious crimes of international concern;

(d)    establishing cooperation on preventing and combating terrorism and transnational crimes;

(e)    securing the conditions for and promoting the increase and development of trade and investment between the Parties to their mutual advantage while ensuring respect of the WTO principles and rules and in a manner that is supportive of the objective of sustainable development and that promotes sustainable supply chains and responsible business practices;

(f)    establishing cooperation in all trade and investment-related areas of mutual interest, in order to promote the implementation of the WTO principles and rules, to facilitate sustainable trade and investment flows and to prevent and remove obstacles to trade and investment, in a manner which is consistent with, complementary to, as well as contributing to ongoing and future regional EU-ASEAN initiatives and to sustainable development;

(g)    establishing cooperation in the area of freedom, security and justice, including the rule of law and judicial and legal cooperation, protection of personal data, migration, the fight against money laundering, organised crime and illicit drugs;

(h)    establishing cooperation in all other sectors of mutual interest, notably macro-economic policy and financial institutions, development planning, good governance in the tax area, combating corruption, corporate social responsibility, industrial policy and micro, small and medium sized enterprise (MSME), information society, science, technology and innovation, low-carbon, circular and green economy, bioeconomy, climate change, energy, transport, research and development (R&D), education and training, culture, tourism, human rights, gender equality, environment and natural resources, agriculture and rural development, health, statistics, knowledge-based society, food safety, phytosanitary and veterinary issues, employment and social affairs;

(i)    enhancing participation of the Parties in sub-regional, regional and trilateral cooperation programmes open to the participation of the other Party;

(j)    raising the roles and profiles of the Parties in each other's regions through various means, including cultural exchanges, use of information and communications technology (ICT) and education;

(k)    promoting people-to-people understanding through cooperation between various non‑governmental entities such as think-tanks, academics, civil society and the media, in the form of seminars, conferences, youth interaction, cyberspace exercises, trainings, exchanges and other activities.

ARTICLE 3

Weapons of Mass Destruction

1.    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 to contribute to countering the proliferation of WMD as well as their means of delivery through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant international obligations within the framework of the UN, including UNSC resolutions. The Parties agree that this provision constitutes an essential element of this Agreement.

2.    The Parties furthermore agree to cooperate and to contribute to countering the proliferation of WMD and their means of delivery and to promoting the implementation of international instruments on disarmament by:

(a)    taking steps to become party to and fully implement all other relevant international instruments;

(b)    in accordance with their respective international obligations, enhancing the effectiveness of national export controls, controlling the export and transit of WMD-related goods, including WMD end-use control on dual use technologies as appropriate and with effective means of legal or administrative enforcement, including effective penalties and preventive measures for breaches of export controls, including, in particular, through cooperation and capacity‑building;

(c)    promoting the full and effective implementation of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), signed in London, Moscow and Washington, D.C. on 1 July 1968, as the cornerstone of the global nuclear non-proliferation and disarmament regime, and an important element in the development of nuclear energy applications for peaceful purposes, of the Biological and Toxin Weapons Convention – Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons (BTWC), signed in London, Moscow and Washington, D.C. on 10 April 1972, and of the Chemical Weapons Convention (CWC), signed in Paris and New York on 13 January 1993;

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

ARTICLE 4

Small Arms and Light Weapons and other Conventional Weapons

1.    The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons, including their ammunition, as well as their excessive accumulation, insufficient stockpile management and security and uncontrolled spread, which have a wide range of humanitarian and socio-economic consequences, continue to pose a serious threat to peace and international security, as well as sustainable development at the individual, local, national, regional and international levels.

2.    The Parties agree to observe and fully implement their 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 their commitments within the framework of other international instruments applicable in this area, such as the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, adopted by the UNGA on 20 July 2001.

3.    The Parties recognise the importance of domestic control systems for the transfer of conventional arms in line with their international obligations and the object and purpose of the Arms Trade Treaty (ATT), adopted by UNGA Resolution No. 67/234B of 2 April 2013. 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 diversion of conventional weapons. The Parties agree to strengthen their dialogue and cooperation in the area of export control.

4.    The Parties agree to enhance their cooperation and seek coordination, complementarity and synergy in their efforts related to the prevention and eradication of illicit trade in small arms and light weapons, conventional arms transfers and national import and export control systems of conventional arms.

ARTICLE 5

Serious Crimes of International Concern

The Parties reaffirm that the most serious crimes of concern to the international community as a whole should not go unpunished and that their prosecution should be ensured by taking measures at national or international level as appropriate and by enhancing international cooperation in accordance with their national laws.

ARTICLE 6

Cooperation in Preventing and Combatting Terrorism

1.    The Parties reaffirm the importance of the fight against terrorism in full respect for the rule of law, international law, in particular the Charter of the United Nations, signed in San Francisco on 26 June 1945, and relevant UNSC resolutions, human rights law, and international humanitarian law. Within this framework and taking into account the UN Global Counter-Terrorism Strategy contained in UNGA Resolution No. 60/288 of 8 September 2006, as later revised, as well as the ASEAN-EU Joint Declaration on Cooperation to Combat Terrorism, adopted on 28 January 2003, the Parties agree to cooperate in the prevention and suppression of terrorism in all its forms and manifestations.

2.    The Parties shall do so in particular:

(a)    in the framework of the full implementation of UNSC Resolutions 1267 (1999), 1373 (2001), 1822 (2008), 2242 (2015), 2396 (2017) and 2462 (2019), and other relevant UN resolutions, international conventions and instruments;

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

(c)    by cooperating on means, including equipment, and methods used to counter terrorism, including in technical fields and training, and by exchanging experiences in respect of terrorism prevention and recruitment;

(d)    by cooperating, so as to deepen the international consensus on the fight against terrorism and terrorism financing, and the misuse of information technology for terrorist purposes, and by working towards an agreement on the Comprehensive Convention on International Terrorism, so as to complement the existing UN and other applicable international counter-terrorism instruments;

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

TITLE II

BILATERAL, REGIONAL AND INTERNATIONAL COOPERATION

ARTICLE 7

Cooperation in Regional and International Organisations

1.    The Parties undertake to cooperate and exchange views in regional and international fora and organisations, in particular within the UN and its specialised organisations and agencies, including but not limited to the International Labour Organization (ILO), ASEAN-EU Dialogue Relations, in particular in the context of the ASEAN-EU Strategic Partnership, ASEAN Regional Forum (ARF), and Asia-Europe Meeting (ASEM).

2.    The Parties undertake to cooperate and exchange views on economic and other related matters in regional and international fora and organisations including, inter alia, the ASEM, UNCTAD and the WTO and the World Intellectual Property Organisation (WIPO).

ARTICLE 8

Bilateral and Regional Cooperation

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

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

TITLE III

COOPERATION ON TRADE AND INVESTMENT ISSUES

ARTICLE 9

General Principles

1.    The Parties shall engage in a dialogue on bilateral and multilateral trade and trade-related issues with a view to strengthening bilateral trade relations and advancing the multilateral trade system, in a manner that is supportive of the objective of sustainable development.

2.    The Parties undertake to promote the development and diversification of their reciprocal commercial exchanges to the highest possible level and to their mutual benefit, in accordance with the WTO principles and rules. The Parties undertake to achieve improved market access conditions by taking measures to improve transparency, having regard to the work carried out by international organisations in this field.

3.    The Parties shall keep each other informed of the development of trade and trade-related policies or other related issues, such as agricultural policy, food safety, non-tariff measures, consumer policy, and environmental policy, including waste management.

4.    The Parties shall encourage dialogue and cooperation to develop their trade and investment relations, including the resolution of, among other issues, commercial problems in the areas referred to in Articles 10 to 19 of this Agreement.

ARTICLE 10

Sanitary and Phytosanitary Issues

1.    The Parties shall cooperate on food safety and on Sanitary and Phytosanitary (SPS) issues to protect human, animal or plant life or health in the territory of the Parties.

2.    The Parties shall discuss and exchange information on their respective measures as defined in the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, entered into force with the establishment of the WTO on 1 January 1995, thus including standards of the International Plant Protection Convention, signed in Rome on 6 December 1951, 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 such Party in complying with the other Party's legal framework.

4.    The Parties shall establish a timely dialogue on SPS issues at the request of either Party to consider matters relating to SPS and other urgent SPS-related issues.

5.    The Parties shall designate contact points for communication on matters under this Article.

6.    The Parties accord a high level of importance to this cooperation.

ARTICLE 11

Sustainable Food Systems

1.    The parties shall cooperate in promoting the global transition towards sustainable food systems.

2.    The Parties shall promote dialogue, capacity-building activities, and close cooperation on issues of mutual interest to promote sustainable food systems in line with the UN SDGs. Such issues include, inter alia:

(a)    the reduction of the environmental and climate impact of food systems;

(b)    sustainable agriculture and food systems along all the steps of the food chain, including agroecology, organic production, reduction in the use and risk of pesticides, animal welfare and antimicrobial resistance;

(c)    the reduction of food losses and food waste throughout the entire food chain;

(d)    the fight against food fraud.

3.    The Parties shall designate contact points for communication on matters under this Article.

4.    The Parties accord a high level of importance to this cooperation.

ARTICLE 12

Technical Barriers to Trade

1.    The Parties shall promote the use of international standards and of international accreditation schemes, and exchange information on standards, technical regulations and conformity assessment procedures, including within the framework of the WTO Agreement on Technical Barriers to Trade (TBT), entered into force with the establishment of the WTO on 1 January 1995.

2.    The Parties shall strengthen their cooperation in the field of standards, technical regulations and conformity assessment procedures, including technical capacity-building and cooperation with a view to complying with TBT measures.

3.    The Parties shall designate a contact point to coordinate the exchange of information and cooperation in accordance with this Article as well as to facilitate efforts in regulatory cooperation between the Parties.

ARTICLE 13

Customs Cooperation and Trade Facilitation

1.    The Parties shall share experiences and examine possibilities to simplify import, export and other customs procedures, increase transparency of trade regulations and develop customs cooperation, including effective mutual administrative assistance mechanisms. The Parties shall cooperate with a view to facilitating the implementation of the WTO Agreement on Trade Facilitation, entered into force on 22 February 2017. The Parties will pay special attention to increasing the security dimension of international trade, including transport services, and to ensuring a balanced approach between trade facilitation, efficient controls and the fight against customs-related fraud and irregularities.

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

ARTICLE 14

Anti-Dumping

1.    The Parties reaffirm their rights and obligations under Article VI of the General Agreement on Tariffs and Trade (GATT) 1994 and the WTO Agreement on Implementation of Article VI of GATT 1994, in particular Article 15 thereof.

2.    The Parties accord a high level of importance to cooperation in the field of anti-dumping.

ARTICLE 15

Investment

The Parties shall encourage a greater flow of investment through the development of an attractive and favourable environment for reciprocal investment through a consistent dialogue aimed at enhancing understanding and cooperation on investment issues, exploring administrative mechanisms to facilitate investment flows, and promoting transparency, openness and non‑discrimination for investors in accordance with their respective laws and regulations.

ARTICLE 16

Competition Policy

1.    The Parties shall promote the effective establishment and application of competition rules and the dissemination of information in order to foster transparency and legal certainty for enterprises operating in each other's markets, in accordance with their respective laws, regulations and internal rules.

2.    Both Parties endeavour to cooperate in mutually agreed areas to enhance the mutual understanding of each other's competition laws and policies.

ARTICLE 17

Services

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

ARTICLE 18

Intellectual Property Rights

1.    The Parties shall exchange information and experiences on issues such as the practice, promotion, dissemination, streamlining, management, protection and effective application of intellectual property rights (IPR), the prevention of abuses of such rights and the fight against counterfeiting and piracy, namely through customs cooperation and other appropriate forms of cooperation and strengthening of the protection of such rights as mutually agreed by both Parties. In accordance with their respective laws and regulations and in conformity with relevant international agreements to which the Parties are party, the Parties will cooperate in particular on the enforcement of IPR and the protection of patents, geographical indications, trademarks, copyrights and industrial design as well as the protection of plant varieties.

2.    The Parties shall provide technical assistance to each other in the field of IPR, and assist each other in improving intellectual property protection, enforcement, utilisation and commercialisation based upon the European experience, and enhancing the dissemination of knowledge thereof.

3.    The Parties recognise the importance of and reaffirm their commitment to the Doha Declaration on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Public Health, adopted in Doha on 14 November 2001. The Parties shall respect and contribute to the implementation of the Decision of the WTO General Council of 30 August 2003 on Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, as well as the Protocol amending the TRIPS Agreement, adopted in Geneva on 6 December 2005.

ARTICLE 19

Digital Trade

1.    The Parties shall exchange information on regulatory matters in the context of digital trade in accordance with their relevant respective domestic laws and regulations, which shall address the following:

(a)    the recognition and facilitation of interoperable electronic trust and authentication services;

(b)    the treatment of direct marketing communications;

(c)    the protection of consumers;

(d)    other matters relevant for the development of digital trade.

2.    Recognising the global nature of digital trade, the Parties affirm the importance of actively participating in multilateral fora to promote the development of digital trade.

TITLE IV

COOPERATION IN THE AREA OF FREEDOM, SECURITY AND JUSTICE

ARTICLE 20

Rule of Law

1.    In their cooperation under this Title, the Parties shall attach particular importance to the promotion of the rule of law and ensuring equal access to justice for all. To their mutual benefit, the Parties will cooperate fully on the effective functioning of institutions in the areas of law enforcement and administration of justice.

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

ARTICLE 21

Gender Equality and Empowerment of Women and Girls

1.    The Parties acknowledge the necessity of gender equality and empowering all women and girls as a goal in its own right as well as a driver for democracy, sustainable and inclusive development, peace and security.

2.    The Parties shall cooperate to promote gender equality, the full enjoyment of all human rights by women and girls and their empowerment, as well as ensure the mainstreaming of gender perspectives in the implementation of this Agreement.

3.    The Parties shall exchange good practices and explore further schemes of cooperation and potential synergies between the Parties' respective gender-related policies and programs, in accordance with international standards and commitments applicable to the Parties, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted by the UNGA on 18 December 1979, the Beijing Declaration and Platform for Action, adopted at the 4th World Conference on Women in Beijing on 15 September 1995, the Programme of Action of the International Conference on Population and Development and the outcome of its review conferences, the 2030 Agenda for Sustainable Development and UNSC Resolution 1325 (2000), and its subsequent resolutions on women, peace and security.

ARTICLE 22

Protection of Personal Data and Privacy

1.    The Parties agree to cooperate in order to attain a high level of protection of personal data and privacy and its effective enforcement, in line with their obligations under international human rights law and other international legal instruments in this area, thus working towards facilitating the flow of personal data between the Parties as a key element for further developing commercial exchanges and cooperation on law enforcement in compliance with the respective laws and regulations of the Parties.

2.    Cooperation on the protection of personal data and privacy includes, inter alia, technical and legal assistance in the form of exchange of information and best practices, training and expertise, as well as promoting enforcement cooperation by the respective supervisory authorities of the Parties, including in multilateral fora.

ARTICLE 23

Judicial and Legal Cooperation

1.    The Parties shall enhance existing cooperation on mutual legal assistance and extradition based on relevant international agreements that are binding on them. The Parties shall, as appropriate, strengthen existing mechanisms and consider the development of new mechanisms to facilitate international cooperation in this area, notably through closer engagement with other relevant international legal cooperation networks.

2.    The Parties endeavour to develop judicial cooperation in civil and commercial matters, in particular, as regards the implementation of their obligations under multilateral conventions on civil judicial cooperation, including the Conventions of the Hague Conference on Private International Law.

3.    The Parties shall cooperate to promote the secure and efficient transmission of relevant judicial documents and taking of evidence and video conference hearing, as appropriate, as well as the protection of personal data, for the purpose of international judicial cooperation.

ARTICLE 24

Consular Protection

The Parties agree to hold regular exchanges with a view to further facilitating the provision of consular protection and to coordinate efforts regarding consular assistance, in particular in times of crisis.

ARTICLE 25

Cooperation on Migration

1.    The Parties reaffirm the importance of a comprehensive engagement on all issues related to migration, including legal migration in line with the EU and national competences, management of migratory flows with regard to illegal migration, root causes of illegal migration, international protection and the prevention of and fight against illegal migration, smuggling and trafficking in human beings.

2.    Cooperation between the Parties shall be implemented, on a mutually acceptable basis and in a holistic way, in accordance with their respective international obligations as well as their respective domestic legislation in force. Cooperation will focus, inter alia, on:

(a)    addressing the root causes of illegal migration;

(b)    the development of rules and practices aimed at providing international protection for those in need in accordance with international law, while ensuring the respect for the principles of non-refoulement, humanity and international solidarity and cooperation, burden- and responsibility-sharing;

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

(d)    the establishment of an effective and preventive policy against illegal migration, the smuggling of migrants and trafficking in human beings in line with the United Nations Convention Against Transnational Organized Crime (UNTOC), adopted by UNGA Resolution No. 55/25 of 15 November 2000 and its Protocols which have entered into force for the Parties, including ways to combat networks of smugglers, disrupt criminal networks involved in trafficking in human beings and protect the victims of such trafficking;

(e)    the return, preferably voluntary, under safe, humane and dignified conditions of persons residing illegally, including the promotion of their voluntary and sustainable return, and the readmission of such persons in accordance with paragraph 3;

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

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

3.    Within the framework of the cooperation to prevent and control illegal migration and without prejudice to the need for protection of victims of trafficking in human beings, the Parties further agree that:

(a)    Thailand shall readmit any of its nationals who do not, or who no longer fulfil the conditions in force for entry to, presence in, or residence on the territory of a Member State, upon request by the latter, without further formalities and without undue delay;

(b)    Each Member State shall readmit any of its nationals who do not, or who no longer fulfil the conditions in force for entry to, presence in, or residence on the territory of Thailand, upon request by the latter, without further formalities and without undue delay;

(c)    The Member States and Thailand shall issue travel documents for such purposes. Where no documents or other proofs of nationality are presented, the competent diplomatic and consular representations of the Member State concerned or Thailand shall, upon request of Thailand or the Member State concerned, provide full cooperation in order to establish proof of nationality without delay.

4.    As part of the consultations on migration issues, the Parties agree to initiate a dialogue on readmission, which, upon request by either Party, may lead, if conditions allow, to the conclusion of an agreement on readmission, including the use of the travel document of the European Union. 1 The Parties may also consider as well to initiate a dialogue on facilitating the movement of persons, which, upon request by either Party, may lead, if conditions allow, to the conclusion of an agreement on visa facilitation for citizens of the Member States and Thailand.

ARTICLE 26

Humanitarian Cooperation

The Parties endeavour to cooperate further on all issues concerning humanitarian cooperation and assistance, including displaced persons and capacity-building support for officials dealing with displaced persons in their respective regions. Cooperation between the Parties shall be implemented on a mutually acceptable and case-by-case basis, in accordance with the respective international standards applicable to the Parties and humanitarian principles of humanity, impartiality, independence and neutrality. Such efforts must continue to take into consideration a comprehensive view and understanding of the root causes of displacement and the search for sustainable solutions. The Parties commit to strengthening the humanitarian-development nexus.

ARTICLE 27

Combatting Organised Crime and Corruption

The Parties agree to cooperate in combatting transnational organised crime, economic and financial crime, serious crime 2 and corruption, and the fight against child sexual abuse. Such cooperation aims in particular at implementing and promoting relevant international standards and legal instruments to which the Parties are party, such as the UNTOC and its supplementing Protocols and the UN Convention against Corruption, adopted by UNGA Resolution No. 58/4 of 31 October 2003.

ARTICLE 28

Cooperation in Preventing and Combatting
Money Laundering and the Financing of Terrorism

1.    The Parties agree on the need to work towards, and to cooperate on, in accordance with their respective laws and regulations, effectively preventing and combatting the abuse of their financial systems for the purposes of money laundering and the financing of terrorism.

2.    The Parties agree to engage to develop and implement laws, rules and regulations to combat money laundering and the financing of terrorism, in line with the standards developed by international bodies active in this area, such as the Financial Action Task Force (FATF). Cooperation under paragraph 1 shall also aim to promote exchanges of relevant information in line with national laws.

ARTICLE 29

Cooperation in the field of Drugs Policy

1.    The Parties shall cooperate, in accordance with their respective laws and regulations, to ensure a comprehensive, evidence-based, balanced and integrated approach through effective cooperation and coordination between the competent authorities, including those in the health, justice and interior sectors and other relevant sectors, with the aim of reducing the supply and trafficking of, and demand for, illicit drugs as well as their impact on drug users and society at large, and to achieve a more effective prevention policy on drugs and to prevent the diversion of precursors, including "designer precursors", used for the illicit manufacture of narcotic drugs and psychotropic substances and new psychoactive substances.

2.    The Parties shall agree on means of cooperation to attain these objectives. Actions shall be based on commonly agreed principles set out in UN drug control conventions and all international drug control commitments of the respective Parties.

3.    The cooperation between the Parties shall comprise, inter alia, technical and administrative assistance, training of personnel, drug-related research, sharing of information and experiences on using information technology in the areas of drug control, as well as on innovative approaches to drugs policy, judicial and law enforcement cooperation, and the prevention of diversion of precursors, including "designer precursors", used for the illicit manufacture of narcotic drugs and psychotropic substances and new psychoactive substances. The Parties may agree to include other areas, such as the exchange of best practices or information on prevention, treatment, rehabilitation, reduction of harm and monitoring of drug addiction, medicines for drug substitution, as well as additional measures to enhance cooperation in drug precursors control, forensic science, drug‑related financial investigation and alternative development.

TITLE V

COOPERATION IN OTHER SECTORS

ARTICLE 30

Human Rights

1.    The Parties agree to cooperate in the promotion and protection of human rights, based on the principle of mutual consent and respect. The Parties shall foster a regular meaningful, broad-based human rights dialogue.

2.    Such cooperation may include, inter alia:

(a)    capacity-building on implementing international human rights instruments applicable to the Parties and on strengthening the implementation of action plans related to human rights;

(b)    promoting dialogue and exchanges of contacts and information on human rights;

(c)    strengthening of constructive cooperation between the Parties within the UN human rights bodies.

3.    The Parties shall cooperate on the strengthening of democratic principles, the rule of law and good governance. Such cooperation may include:

(a)    strengthening cooperation between national and regional human rights, rule of law and good governance related institutions;

(b)    collaborating and coordinating to reinforce democratic principles, human rights and the rule of law, including equality before the law, the access of people to an effective legal aid and the right to a fair trial, due process and access to justice, in accordance with their obligations under international human rights law.

ARTICLE 31

Cooperation between Financial Sectors

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

ARTICLE 32

Macroeconomic Policy Dialogue

The Parties agree to strengthen the dialogue between their authorities and cooperate on the sharing of experiences on macroeconomic policies, particularly in areas of economic integration.

ARTICLE 33

Good Governance in the Tax Area

With a view to strengthening and developing economic activities while taking into account the need to develop an appropriate regulatory framework, the Parties recognise and commit to implement the principles of good governance in the tax area, including global standards on tax transparency and exchange of information, fair taxation and the minimum standards against Base Erosion and Profit Shifting (BEPS). The Parties will promote good governance in tax matters, improve international cooperation in the tax area, develop measures for the effective implementation of the aforementioned principles and facilitate the collection of tax revenues for the purposes of prevention of tax evasion and avoidance.

ARTICLE 34

Industrial Policy and MSME Cooperation

The Parties, taking into account their respective economic policies and objectives, agree to promote industrial policy cooperation that supports inclusive, sustainable and development-oriented productive activities, decent job creation, entrepreneurship, creativity and innovation as well as supply chain resilience and access to finance in all fields deemed suitable, with a view to improving the formalisation and access to international markets, competitiveness and growth of micro, small and medium sized enterprises (MSME), inter alia, through:

(a)    exchanging information and experiences in creating framework conditions for improving the competitiveness of MSMEs;

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

(c)    providing information and stimulating innovation and exchanging good practices on access to finance and market;

(d)    supporting capacity-building for MSMEs so as to enable their smoother integration into the global economy and supply chains;

(e)    facilitating and supporting the activities established by MSMEs of the Parties;

(f)    promoting corporate social responsibility and accountability and encouraging responsible business practices, including sustainable consumption and production.

ARTICLE 35

Facilitating Business Cooperation

The Parties shall facilitate and support the relevant cooperation activities established by their private sectors.

ARTICLE 36

Cooperation on Information and Communication Technologies

1.    Recognising that information and communication technologies (ICT) are key elements of modern life and of vital importance to economic and social development, the Parties agree to exchange views on their respective policies in this field to promote economic and social development and human rights and fundamental freedoms.

2.    Cooperation in this area shall focus, inter alia, on:

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

(b)    the interconnection and interoperability of the Parties' and Southeast Asian research networks and services;

(c)    standardisation and dissemination of new ICT;

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

(e)    joint research projects in the area of ICT, in particular through Union research framework programmes. The following areas would notably be included in the cooperation between the Parties: e-government, mobile applications, animation and multimedia;

(f)    the security issues and/or aspects of ICT, including the promotion of online safety, combatting cybercrime, disinformation and misuse of information technology and all forms of electronic media;

3.    Subject to the Parties' respective laws and regulations, business-to-business cooperation shall be encouraged.

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

5.    The Parties shall promote the exchange of information on cybersecurity in the fields of education and training, awareness raising initiatives, the use of their respective standards and technical specifications for the purposes of cybersecurity risk management and the cybersecurity of ICT products and services, including cybersecurity certification, as well as related research and development policies.

ARTICLE 37

Science, Technology and Innovation Cooperation

1.    The Parties agree to cooperate in all fields of science, technology and innovation in areas of mutual interest, taking account of their respective policies. The cooperation will strengthen the support to multilateral and regional research and innovation initiatives to deliver new solutions to green, digital, health, social and innovation challenges. Joint actions will particularly be needed to prevent future global health crises especially emerging infectious diseases, and for a joint commitment to build a healthier, safer, fairer and more sustainable world. Areas of cooperation may cover, inter alia, finding solutions to global challenges such as climate change, the biodiversity crisis, pollution, resource depletion, or infectious diseases, including in crisis situations, and solutions enabling the green and digital transitions. Initiatives should show global leadership on climate and environmental ambitions.

2.    The aims of such cooperation shall be to:

(a)    promote continuity of science, technology and innovation programmes, and support economic development, a knowledge-based society, quality of life and sustainable environment;

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

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

(d)    promote human resources development;

(e)    promote joint research in scientific and technological cooperation and promote the equitable access to, the partnership in, and joint ownership of the research results in accordance with IPR rules, as well as shared values and principles and agreed framework conditions.

3.    Cooperation shall take the form of joint research projects and exchanges, meetings and training of scientists through international mobility schemes, providing for the maximum dissemination of research results. Any intellectual property resulting from joint research and activities shall be shared on mutually agreed terms.

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

5.    The Parties agree to make all efforts to increase public awareness about possibilities offered by their science, technology and innovation cooperation programmes.

ARTICLE 38

Climate Change

1.    The Parties consider that climate change represents an existential threat to humanity and reiterate their commitment to strengthening the global response to this threat. The Parties reaffirm their commitment to achieve the objectives and goals of the UNFCCC and the Paris Agreement. Accordingly, each Party shall effectively implement the UNFCCC and the Paris Agreement.

2.    The Parties aim to strengthen the global response to climate change and its impact. The Parties shall also enhance cooperation on policies to help mitigate climate change and to adapt to the adverse impacts of climate change, including the sea-level rise, and to set their economies, including financial flows, towards low greenhouse gas emissions and climate-resilient development, in accordance with the Paris Agreement.

3.    The aims of such cooperation shall be to:

(a)    enhance the capacity and ability to address climate change challenges, based on and responsive to national needs;

(b)    enhance capacity-building in the implementation of nationally determined contributions (NDCs) and national adaptation plan (NAPs) and other mitigation measures in areas of mutual interest to support sustainable and low-carbon growth;

(c)    promote cooperation and dialogue on climate finance and on the development of financial mechanisms to address climate change, including the involvement of the private sector;

(d)    adapt to the adverse impact of climate change, including the integration of adaptation measures into the development strategies and planning of the Parties at all levels;

(e)    promote cooperation on research and development activities and mitigation and adaptation technologies;

(f)    promote awareness raising, including for the most vulnerable populations and those living in vulnerable areas, facilitate public participation in response to climate change, and integrate an analysis on the gender implications of climate change in this regard;

(g)    promote cooperation and dialogue on the development of economic instruments to address climate change such as carbon pricing, and others as appropriate;

(h)    promote the development of disaster risk reduction and management strategies including for vulnerable areas and communities.

ARTICLE 39

Energy

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

(a)    ensuring universal access to affordable, reliable and sustainable energy services and increasing substantially the share of renewable energy in the global energy mix;

(b)    developing new, sustainable, innovative and renewable forms of energy, including biofuels and biomass, wind and solar and geothermal energy as well as hydro power generation, while noting the importance of the diversification of energy supplies to strengthen energy security;

(c)    supporting the development of policies to render renewable energy more competitive;

(d)    achieving the rational use of energy and improving energy efficiency from both supply and demand sides by promoting energy efficiency in energy production, transportation, distribution and end-use;

(e)    fostering cooperation in clean energy technology, including through research cooperation, in particular on renewable energy, energy storage and the decarbonisation of fossil-fuel use;

(f)    promoting low-carbon power generation that contributes to a clean energy transition in line with the objectives of the Paris Agreement;

(g)    enhancing capacity-building and promoting investment in energy infrastructures and clean energy technologies taking into account the principle of transparency;

(h)    promoting competition and a favourable investment climate in the energy market.

2.    To these ends, the Parties agree to promote contacts and joint research to their mutual benefit, including through regional energy cooperation. With the 2030 Agenda for Sustainable Development and the Paris Agreement as the overarching framework guiding the partnership, the Parties note the need to address the links between affordable access to clean energy services and sustainable development. These activities can be promoted, inter alia, in cooperation with the European Union Energy Initiative.

ARTICLE 40

Transport

1.    The Parties endeavour to cooperate in relevant areas of transport policy with a view to promoting sustainable transport as well as quality, reliable, sustainable and resilient infrastructure, including regional and cross-border infrastructure, in line with relevant international standards and principles which are applicable to both Parties, improving the movement of goods and passengers, supporting economic development and human well-being, with a focus on affordable and equitable access for all, promoting maritime and aviation safety and security, promoting environmental protection, and increasing the efficiency of their transport systems.

2.    Cooperation between the Parties in this area shall aim to promote:

(a)    the exchange of information on their respective transport policies and practices, especially regarding safe, affordable, accessible and sustainable urban and public transport systems for all, with special attention to the needs of those in vulnerable situations (including women, children, persons with disabilities and older persons), land transport, maritime transport, air transport, transport logistics and the interconnection and interoperability of multimodal transport networks;

(b)    the civilian use of global navigation satellite systems with a focus on regulatory, industrial and market development issues of mutual benefit; in this regard, consideration will be given to the utilisation of the European global satellite navigation system to maximise the benefits for both Parties;

(c)    a dialogue aimed at enhancing aviation safety, air transport infrastructure networks and operations for fast, efficient, sustainable, safe and secure movement of people and goods, and at examining possibilities for the further development of relations in the field of air transport. Civil aviation cooperation should be further promoted.

(d)    a dialogue in the field of maritime transport services in areas of mutual interest aiming notably: at facilitating and cooperating on the elimination of all obstacles which might impede the development of maritime trade and improving conditions under which maritime cargo transport operations are carried out between the ports of the Parties; at providing unrestricted access to international and cross trades on a commercial basis; at enhancing the competitiveness of the maritime transport sector of the Parties; and at granting non‑discriminatory treatment to vessels flying the flag of a Member State or Thailand, respectively, or operated by nationals or companies of the other Party as compared to the treatment accorded to its own vessels regarding access to ports, auxiliary services and port services, including the role of maritime transport in developing an efficient transport chain;

(e)    the implementation of security, safety and marine pollution prevention standards and reduction, notably as regards maritime transport, in line with the international conventions applicable to the Parties, including cooperation in the appropriate international fora aimed at ensuring better enforcement of international regulations.

ARTICLE 41

Tourism

1.    Guided by the relevant international guidelines for sustainable tourism, the Parties shall aim to improve the exchange of information and establish best practice in order to ensure a balanced development of sustainable tourism that creates jobs and promotes local culture and products, and promote the development of tools to monitor sustainable development impacts for sustainable tourism.

2.    The Parties agree to develop cooperation on safeguarding and maximising the potential of natural and cultural heritage, by mitigating the negative impacts of tourism, in particular the exploitation of human beings, especially children, in any form, by respecting wildlife, flora, biodiversity and ecosystems, and by enhancing the positive contribution of the tourism business to the sustainable development of local communities, inter alia, by developing sustainable tourism, while respecting the integrity and interests of local and traditional communities, and improving training in the tourism industry.

ARTICLE 42

Education and Culture

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

2.    The Parties endeavour to take appropriate measures to promote the contribution of education and culture to sustainable development training and cultural exchanges and to carry out joint initiatives in these areas, including the joint organisation of cultural events. In this regard, the Parties also agree to continue supporting the activities of the Asia-Europe Foundation (ASEF).

3.    The Parties agree to cooperate closely in relevant international fora, such as the United Nations Educational Scientific and Cultural Organization (UNESCO), in order to enhance the preservation of tangible and intangible cultural heritage, notably in the context of the Convention concerning the Protection of the World Cultural and Natural Heritage, adopted by the UNESCO General Conference on 16 November 1972 and the Convention for the Safeguarding of the Intangible Cultural Heritage, adopted by the UNESCO General Conference on 17 October 2003, while attaching significance to the promotion of cultural diversity for the development of the arts and the knowledge-based creative economy.

4.    The Parties shall furthermore encourage measures designed to create links between their respective specialist agencies and to encourage exchanges of information, know-how, students, academic staff, experts, and further promote links between think-tanks. In their cooperation and in the use of technical resources, advantage shall be taken of the facilities offered by Union's programmes in Southeast Asia in the field of education and culture as well as of the experience that the Parties have acquired in this area. The Parties also agree to intensify higher education cooperation and promote the implementation of the Erasmus+ programme, as well as to exchange best practices in the field of youth policies and youth work.

ARTICLE 43

Environment and Natural Resources

1.    The Parties agree on the need to cooperate on environment protection and towards low‑carbon, resilient, resource-efficient and circular economies, including bioeconomy, decoupling economic growth from environmental degradation, and to conserve and manage, in a sustainable manner, natural resources and foster biological diversity as a basis for the development of current and future generations.

2.    The Parties agree that cooperation on environmental and natural resources shall promote the efficient use of resources, conservation and improvement of the environment in pursuit of sustainable development. In carrying out their cooperation, the Parties will work towards the implementation of the 2030 Agenda for Sustainable Development and the effective implementation of relevant multilateral environmental agreements, including the Paris Agreement.

3.    The Parties endeavour to continue and strengthen their cooperation on the protection of the environment, specifically as regards:

(a)    the promotion of environmental awareness and good environmental governance including enhanced and meaningful participation of local communities in environmental protection and sustainable development efforts;

(b)    the transition to a circular economy to ensure sustainable consumption and production, maximise resource efficiency, and minimise the generation of waste, particularly plastic waste, to prevent marine plastics and micro plastics pollution;

(c)    the integration of ecosystem and biodiversity values into national and local planning, poverty reduction strategies and accounts, and promote the implementation of relevant multilateral environmental agreements, including on biodiversity and international wildlife trade;

(d)    the protection, conservation and restoration of land and soils and sustainable land management to achieve a land degradation neutral world;

(e)    cooperation towards sustainable forest management and improving forest governance, including contributions to regional cooperation in combatting illegal logging and its associated trade, deforestation and forest degradation, including through promoting deforestation-free supply chains in agricultural commodities, promoting conservation, afforestation, reforestation, restauration and enhancement of forest carbon stocks. This may include the conclusion of a Forest Law Enforcement, Governance and Trade Voluntary Partnership Agreement;

(f)    the effective management of national parks and the designation and protection of areas of rich biodiversity and fragile ecosystems, with due regard for local communities living in or near these areas and threatened and endangered species;

(g)    the protection and sustainable management of coastal and marine resources including marine protected areas and environment;

(h)    the prevention of illegal transboundary movement of chemicals, solid and electronic waste and marine debris, ozone-depleting substances, and threatened and endangered species; prevention of water, soil, air and noise pollution;

(i)    ensuring inclusive, resilient, and environmentally sound chemicals and waste management;

(j)    the promotion of cooperation on sustainable management of water and sanitation to ensure water availability, quality and efficiency;

(k)    the promotion of eco-innovation and clean technologies, to promote and deploy environmental technologies, sustainable products and services, including through appropriate fiscal and financial incentives;

(l)    promotion of the utilisation of Earth observation systems on environmental issues, as well as related capacity-building and experience sharing.

ARTICLE 44

Ocean Governance

1.    The Parties shall strengthen dialogue and cooperation on issues of ocean governance with a view to promoting long-term conservation and sustainable management of living marine resources and marine ecosystems.

2.    The Parties shall enhance cooperation on the conservation, management and sustainable exploitation of marine living resources as defined in the UN Convention on the Law of the Sea of 1982 (UNCLOS), adopted by the Third Conference on the Law of the Sea on 10 December 1982, and the FAO Code of Conduct for Responsible Fisheries, adopted by FAO Conference Resolution No. 4/95 of 31 October 1995. The Parties undertake to cooperate in promoting the implementation of the objectives of the United Nations Agreement for the Implementation of the Provisions of UNCLOS relating to the Conservation and Management of Straddling Fish Stocks with International Conservation and Management Measures by Fishing Vessels on the High Seas.

3.    The Parties furthermore agree to cooperate:

(a)    in promoting the implementation of the FAO Agreement on Port State Measures to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing;

(b)    with and within the Regional Fisheries Management Organisations (RFMOs) or Arrangements to which they are members, observers, or cooperating non-contracting parties, with the aim of promoting the conservation and sustainable management of living marine resources and their ecosystems;

(c)    on the fight against IUU fishing and fishing related activities with comprehensive, effective and transparent measures, including by sharing experience, promoting capacity-building and exchanging information on IUU fishing activities, where appropriate, taking into account data confidentiality and domestic laws;

(d)    in promoting the fundamental principles and rights at work in the fishing and seafood sector and in the implementation of the Work in Fishing Convention No. 188 of the International Labour Organization (ILO), done in Geneva on 30 May 2007;

(e)    on the development of sustainable and responsible marine aquaculture, including on the implementation of the objectives and principles of the FAO Code of Conduct for Responsible Fisheries;

(f)    on the reduction of the pressures on the oceans, inter alia, through the fight against marine litter and pollution, including from land-based and ship-based sources as well as maritime human activities under international obligations applicable to the Parties, and through adaptation and mitigation measures to enhance the resilience of the oceans and coastal communities to climate change.

ARTICLE 45

Agriculture, Livestock, Fisheries and Rural Development

1.    The Parties agree to promote dialogue in relation to agriculture, livestock, fisheries and rural development. The Parties will exchange information and develop cooperation with regard to:

(a)    agricultural policy and the international agricultural outlook in general;

(b)    the promotion and facilitation of agricultural trade, including trade in plants, animals, aquatic animals and their products;

(c)    development policy in rural areas, including other productive resources and inputs, knowledge, financial services, markets and opportunities for value addition and non-farm employment;

(d)    policy on plants, animals, aquatic animal products including agricultural quality schemes such as geographical indications and organic production, as well as cooperation on Good Agricultural Practices;

(e)    the promotion of organic agriculture certification and accreditation systems and sustainable agricultural production.

2.    The Parties agree to promote technology cooperation, capacity-building or any other forms of cooperation that increase productivity, safe and sustainable production and resilient practices in agriculture, livestock, fisheries and rural development areas, and that improve preparedness, prevention, detection, response and control of plants, animals, and zoonotic diseases in line with the One Health approach and international standards.

3.    The Parties agree to encourage the public and private sectors to discuss and exchange business information, including business matching and trade promotion events for agricultural products.

ARTICLE 46

Health

1.    The Parties agree to cooperate and share experience and best practices in the health sector with a view to strengthening activities in the fields of research, addressing the threat from major non-communicable diseases and communicable diseases, including the COVID-19 pandemic, and strengthening universal health coverage, as well as health services, including sexual and reproductive healthcare services. The Parties also agree to exchange views and best practices on regulatory issues relevant to pharmaceuticals and medical devices.

2.    Cooperation shall take place mainly through international fora, including the World Health Organization, and multilateral initiatives, in areas such as:

(a)    joint research and major vertical health programme development; joint research via multilateral initiatives such as Global Alliance for Chronic Diseases and Global Research Collaboration for Infectious Disease Preparedness;

(b)    capacity-building and human resource development;

(c)    international agreements in the health sector.

ARTICLE 47

Employment and Social Affairs

1.    The Parties agree to enhance cooperation and promote technical assistance in the field of employment and social affairs, including cooperation on regional and social cohesion, health and safety at the workplace, gender equality and equal pay for work of equal value, lifelong learning and skills development, social protection and decent work, with a view to strengthening the social dimension of globalisation.

2.    The Parties reaffirm the need to support the process of globalisation which is beneficial to all and to promote full and productive employment and decent work as a key element of sustainable development and poverty reduction, as endorsed by the 2030 Agenda for Sustainable Development, the ILO Declaration on Social Justice for a Fair Globalisation, adopted in Geneva on 10 June 2008, and the ILO Centenary Declaration for the Future of Work, adopted in Geneva on 21 June 2019. The Parties shall take into account the respective characteristics and diverse nature of their economic and social situations.

3.    The Parties reaffirm their respective commitments to promote and effectively implement internationally recognised social and labour standards, and to respect, to promote and to realise the fundamental principles and rights at work as laid down in the ILO Declaration on Fundamental Principles and Rights at Work, adopted in Geneva on 18 June 1998 and amended on 10 June 2022. The Parties agree to cooperate and to provide technical assistance with a view to working towards the ratification and implementation of the fundamental ILO Conventions as well as to cooperate on promoting the ratification and implementation of other up-to-date ILO Conventions as appropriate, including as regards violence and harassment in the world of work.

4.    The Parties agree to promote cooperation between government and social partners in the fields of employment and social affairs as well as exchanges of information regarding employment, health and safety at work, labour inspections and social dialogue on social and labour protection.

5.    The cooperation under this Article 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 and the ILO.

ARTICLE 48

Statistics

The Parties agree to promote, in accordance with existing statistical cooperation activities between the Union and ASEAN, cooperation in harmonising statistical methods and practice including the gathering, processing, analysing and dissemination of statistics to increase the availability of high‑quality, timely, relevant and more detailed aggregated data thus enabling them to use, on a mutually acceptable basis, statistics on trade in goods and services and, more generally, on any other area covered by this Agreement which lends itself to statistical processing. The Parties underline the importance of data and statistics for the implementation of the 2030 Agenda for Sustainable Development.

ARTICLE 49

Civil Society

The Parties recognise the role and contribution of civil society, especially academics, social partners, as well as links between think-tanks and social partners, in the dialogue and cooperation process under this Agreement and agree to encourage and promote effective dialogue with civil society, and promote their effective and constructive participation as well as multi-stakeholder partnerships.

TITLE VI

MEANS OF COOPERATION

ARTICLE 50

Resources for Cooperation

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

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

ARTICLE 51

Cooperation in the Development of Third Countries

1.    The Parties agree to establish a regular dialogue on their respective development programmes in third countries.

2.    The Parties also agree to cooperate in joint actions aimed at providing assistance for sustainable development to countries neighbouring Thailand and beyond, in relevant sectors for trilateral cooperation. The areas of cooperation are to be determined by all partners involved, based on the needs of beneficiary countries, the capacity and expertise of the EU and Thailand, and to be decided on an ad hoc basis.

TITLE VII

INSTITUTIONAL FRAMEWORK

ARTICLE 52

Joint Committee

1.    A Joint Committee is hereby established, composed of representatives of both Parties at the highest possible level, the tasks of which shall be to:

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

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

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

(d)    settle, where applicable, any difference or divergence arising in the interpretation, implementation or application of this Agreement in accordance with Article 55;

(e)    examine all information presented by either Party regarding the 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 55;

2.    The Joint Committee shall normally meet not less than every two years in Bangkok and Brussels alternately, on a date to be fixed by mutual agreement. Extraordinary meetings of the Joint Committee may also be convened by agreement between the Parties. The Joint Committee shall be chaired alternately by each Party. 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. These working groups shall make detailed reports of their activities to the Joint Committee at each of its meetings.

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

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

TITLE VIII

FINAL PROVISIONS

ARTICLE 53

Future Developments Clause

1.    The Parties may, by mutual consent, expand this Agreement with a view to enhancing the level of cooperation, including through supplementing it by means of agreements or protocols on specific areas, sectors or activities. Such specific agreements or protocols shall be an integral part of the overall bilateral relations between the Parties and shall be subject to a common institutional framework.

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

ARTICLE 54

Other Agreements

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

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

3.    Nothing in this Agreement shall preclude a Party from taking any action, including dispute settlement action, under any other international agreement to which both Parties are party.

ARTICLE 55

Fulfilment of Obligations

1.    The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in the Agreement are attained.

2.    In accordance with Article 52(1)(d), either Party may refer to the Joint Committee any divergence in the application or interpretation of this Agreement.

3.    If either Party considers that the other Party has failed to fulfil any of its obligations under this Agreement, it may take appropriate measures in accordance with international law.

4.    Before taking appropriate measures referred to in paragraph 3 above, except in the cases referred to in paragraph 5, such Party shall present to the Joint Committee all the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. The Parties shall hold consultations under the auspices of the Joint Committee. Where the Joint Committee is unable to reach a mutually acceptable solution, such Party may take appropriate measures.

5.    If either Party has serious grounds to consider that the other Party has failed to fulfil in a substantial manner any of the obligations that are described as essential elements in Articles 1(1) and 3(1), it shall immediately notify the other Party of such non-fulfilment. At the request of either Party, the Joint Committee, or as otherwise agreed by the Parties, shall hold immediate consultations within a period of up to 30 days for a thorough examination of any aspect of, or the basis for, the measure with a view to seeking a solution acceptable to the Parties. After this period, the notifying Party may apply appropriate measures.

6.    In the selection of the appropriate measures, priority must be given to those which least disturb the functioning of this Agreement or, as the case may be, of any other specific agreement. Such measures shall be temporary in nature and proportionate to the violation with a view to encouraging the eventual fulfilment of the obligations. For the purposes of paragraph 4, "appropriate measures" may include the suspension, in part or in full, of this Agreement. For the purposes of paragraph 5, "appropriate measures" may include the suspension, in part or in full, of this Agreement or of any specific agreement referred to under Article 53(1).

The decision to suspend would be taken by each Party in accordance with their respective laws and regulations.

7.    Either Party may request the Joint Committee to review the circumstances that gave rise to the application of appropriate measures, with a view to seeking a mutually acceptable solution for the Parties. The Party taking the appropriate measures shall withdraw them as soon as warranted.

ARTICLE 56

Facilitation

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

ARTICLE 57

Territorial Application

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

ARTICLE 58

Definition of the Parties

For the purpose of this Agreement, "the Parties" shall mean the Union or its Member States or the Union and its Member States, in accordance with their respective powers, on the one hand, and Thailand, on the other.

ARTICLE 59

Entry into Force and Provisional Application

1.    This Agreement shall enter into force thirty (30) days after the date on which the last Party has notified the other Party of the completion of their respective internal legal procedures necessary for this purpose.

2.    Notwithstanding paragraph 1, Thailand and the European Union may provisionally apply this Agreement, in whole or in part, in accordance with their respective internal procedures, pending its entry into force.

3.    Such provisional application shall take effect thirty (30) days following the date on which:

(a)    The European Union has notified Thailand of the completion of the necessary procedures, indicating the parts of this Agreement that shall be provisionally applied; and

(b)    Thailand has notified the European Union of the completion of the necessary procedures, accepting the parts of the Agreement that should be provisionally applied.

4.    Either Party may notify the other Party in writing of its intention to terminate the provisional application of this Agreement. The termination shall take effect thirty (30) days after the date of the receipt of such notification.

5.    For the provisions in this agreement that are provisionally applied, the entry into force of this Agreement shall be understood to refer to the date of provisional application as set out in paragraph 3.

The Joint Committee and other bodies established under this Agreement may exercise their functions during the provisional application of this Agreement to the extent that these functions are necessary for ensuring the provisional application of this Agreement. Any decisions adopted in the exercise of their functions shall cease to be effective if the provisional application of this Agreement is terminated in accordance with paragraph 4.

ARTICLE 60

Duration and Termination

1.    This Agreement is valid for a period of five (5) 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 (6) months prior to the end of any subsequent one-year period.

2.    This Agreement may be terminated by either Party by written notice given to the other Party. The termination shall take effect six (6) months after receipt of the notification by the other Party. Such termination shall not affect ongoing projects commenced under this Agreement prior to the receipt of the notification.

ARTICLE 61

Amendments

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

ARTICLE 62

Joint Declarations

The Joint Declarations annexed to this Agreement shall form an integral part of this Agreement.

ARTICLE 63

Notifications

Notifications made in accordance with Article 59 shall be made to the Secretary-General of the Council of the European Union and the Ministry of Foreign Affairs of Thailand, respectively.

ARTICLE 64

Authentic Texts

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

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JOINT DECLARATION ON ARTICLE 5 
(SERIOUS CRIMES OF INTERNATIONAL CONCERN)

The Member States and Thailand are both signatories of the Rome Statute of the International Criminal Court, which constitutes an important development for the international justice system and its effective functioning. The Rome Statute stipulates that genocide, crimes against humanity and war crimes are "serious crimes of international concern".

JOINT DECLARATION ON ARTICLE 23 
(JUDICIAL AND LEGAL COOPERATION)

The Royal Thai Government shall proceed by every means in accordance with its laws to assure that the person shall not serve the death sentence, and if the Court gives a death sentence, the Royal Thai Government shall submit a recommendation for a Royal Pardon.

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(1)    Regulation (EU) 2016/1953 of the European Parliament and of the Council.

(2)    As defined in Article 2b of the United Nations Convention on Transnational Organized Crime (UNTOC).