EUROPEAN COMMISSION
Brussels, 12.5.2025
COM(2025) 193 final
2025/0105(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken, on behalf of the European Union, in the Joint Committee established by 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 as regards the adoption of decisions of the Joint Committee on the Rules of Procedure of the Joint Committee, and the establishment of specialised working groups and the adoption of their terms of reference
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns the decision establishing the position to be taken on the Union's behalf in the Joint Committee established by the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States and the Kingdom of Thailand in connection with the envisaged adoption of decisions regarding the adoption of its Rules of Procedure and the establishment of specialised working groups and the adoption of their terms of reference.
2.Context of the proposal
2.1.The Framework Agreement on Comprehensive Partnership and Cooperation
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 (‘the Agreement’) aims to establish a forward-looking relationship with a more structured and strategic perspective, shared values and issues of mutual interest, accompanied by a comprehensive dialogue and cooperation between the Parties in sectors of common interest. The Agreement has been provisionally applied since 20 October 2024.
2.2.The Joint Committee
The Joint Committee is set up by Article 52 of the Agreement. Its main tasks are to ensure the proper functioning and implementation of the Agreement and set priorities in relation to the aims of the Agreement. Other functions of the Joint Committee include: making recommendations for promoting the aims of the Agreement, settle any difference or divergence arising in the interpretation, implementation or application of the Agreement, examine all information regarding the non-fulfilment of the obligations under the Agreement.
The Joint Committee is to make recommendations and adopt decisions, where appropriate, to give effect to the specific aspects of the Agreement. The Joint Committee operates by consensus and it usually meets at the senior official level. The Joint Committee is to adopt its rules of procedure. It may set up specialised working groups to deal with specific issues.
2.3.The envisaged act of the Joint Committee
During its first meeting, the Joint Committee is to adopt decisions regarding the adoption of the rules of procedure of the Joint Committee and the establishment of specialised working groups and the adoption of their terms of reference (‘the envisaged act’).
The purpose of the envisaged act is to adopt, in accordance with Article 52(5) of the Agreement, the rules of procedure underpinning the organisation of the Joint Committee and the terms of reference of the specialised working groups. The Union’s position should be based on the draft decisions of the Joint Committee.
3.Position to be taken on the Union's behalf
The position to be adopted on behalf of the Union should aim at the adoption of the rules of procedure of the EU-Thailand Joint Committee and the terms of reference of the specialised working groups. The position should be based on the draft decisions of the Joint Committee.
4.Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’.
4.1.2.Application to the present case
The Joint Committee is a body set up by an agreement, namely 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.
The act which the Joint Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 52(5) 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, read in conjunction with Article 8(2) of the envisaged Rules of Procedure.
The envisaged act does not supplement or amend the institutional framework of the Agreement.
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
With regard to an envisaged act that simultaneously pursues a number of objectives, or that has several components, which are inseparably linked without one being incidental to the other, the substantive legal basis of a decision under Article 218(9) TFEU will have to include, exceptionally, the various corresponding legal bases.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to development cooperation.
Therefore, the substantive legal basis of the proposed decision is Article 209 TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be Article 209, in conjunction with Article 218(9) TFEU.
2025/0105 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken, on behalf of the European Union, in the Joint Committee established by 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 as regards the adoption of decisions of the Joint Committee on the Rules of Procedure of the Joint Committee, and the establishment of specialised working groups and the adoption of their terms of reference
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)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 (‘the Agreement’) was signed on 14 December 2022 and provisionally applied as of 20 October 2024, in accordance with Council Decision (EU) 2022/2562.
(2)Pursuant to Article 52(5) of the Agreement, the Joint Committee adopts its rules of procedure.
(3)The Joint Committee during its first meeting, is to adopt its rules of procedure, as well as the terms of reference of specialised working groups.
(4)It is appropriate to establish the position to be taken on the Union's behalf in the Joint Committee, as the decision adopting of the rules of procedure of the Joint Committee and the decision regarding the adoption of the terms of reference of specialised working groups will have legal effects within the meaning of Article 218(9) TFEU.
(5)The position of the Union within the Joint Committee should therefore be based on the attached draft decisions in the annexes,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union's behalf in the first meeting of the Joint Committee established pursuant to Article 52(1) 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, as regards the adoption of the rules of procedure of the Joint Committee and the establishment of its specialised working groups and adoption of their terms of reference shall be based on the draft acts of the Joint Committee attached to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 12.5.2025
COM(2025) 193 final
ANNEXES
to the
Proposal for a COUNCIL DECISION
on the position to be taken, on behalf of the European Union, in the Joint Committee established by 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 as regards the adoption of decisions of the Joint Committee on the Rules of Procedure of the Joint Committee, and the establishment of specialised working groups and the adoption of their terms of reference
ANNEX 1
DECISION No 1/[../..] OF THE EU-THAILAND JOINT COMMITTEE
of...
adopting its Rules of Procedure
THE EU-THAILAND JOINT COMMITTEE,
Having regard to 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 (‘the Agreement’), and in particular Article 52 thereof,
Whereas:
(1)Parts of the Agreement have been applied provisionally since 20 October 2024,
(2)The Joint Committee should therefore adopt its rules of procedure,
HAS ADOPTED THIS DECISION:
Article 1
The Rules of Procedure of the Joint Committee, as set out in the Annex I to this Decision, are hereby adopted.
Article 2
This Decision shall take effect on the date of its adoption.
Signed at …,
For the EU-Thailand Joint Committee
The Chair and the Co-Chair
ANNEX I
RULES OF PROCEDURE OF THE EU-THAILAND JOINT COMMITTEE
Article 1
Tasks and composition
1.
The Joint Committee, established in accordance with Article 52 of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, on the one part, and the Kingdom of Thailand, on the other part (the ‘Agreement’), shall perform its tasks as provided for in the Agreement and in these Rules of Procedure.
2.
Pursuant to Article 52(4) of the Agreement, the Joint Committee shall have the prerogative to discuss the functioning and implementation of any specific agreement as referred to in Article 53(1). As part of the common institutional framework, the Joint Committee shall discuss the matters referred to it by committees set up under any specific agreement referred to in Article 53(1) and those of the subcommittees of those committees set up under the specific agreements.
3.
The Joint Committee shall be composed of representatives of both Parties at the highest possible level.
Article 2
Chairing
1.
The High Representative of the Union for Foreign Affairs and Security Policy and the Minister of Foreign Affairs of the Kingdom of Thailand shall chair the Joint Committee when convened at Ministerial level. They can delegate their authority to a senior official.
2.
The Joint Committee shall be chaired alternately by each of the Parties, for a period of one year, from 1 January to 31 December of the same year. The other Party shall act as Co-Chair.
Article 3
Meetings
1.
The Joint Committee shall normally meet in Brussels and Bangkok alternately once every year or as otherwise agreed by the co-chairs. The meetings of the Joint Committee shall be convened by the Chair hosting the meeting on a date fixed by mutual agreement. Extraordinary meetings of the Joint Committee may be held at the request of either Party, if the Parties so agree.
2.
If both Parties agree, the meetings of the Joint Committee may exceptionally be held by means of video- or teleconference.
3.
The Joint Committee shall meet at ministerial level but may meet at the level of senior officials if the Parties so agree.
4.
Unless otherwise decided by the co-chairs, meetings of the Joint Committee shall not be public.
Article 4
Participants
1.
Before each meeting, each Party shall inform the co-chairs, through the Secretariat, of the intended composition of its delegation.
2.
Where appropriate and by mutual agreement between the Parties, experts or representatives of other bodies may be invited to attend the meetings of the Joint Committee as observers or in order to provide information on a particular subject.
Article 5
Secretariat
A representative of the European External Action Service and a representative of the
Ministry of Foreign Affairs of Thailand shall act jointly as Secretaries of the Joint Committee. All communications to and from the co-chairs of the Joint Committee shall be forwarded to the Secretaries. Correspondence to and from the co-chairs of the Joint Committee may be by any written means, including electronic mail.
Article 6
Agendas for meetings
1.
The Chair shall draw up a provisional agenda for each meeting. The provisional agenda shall be forwarded, together with the relevant documents, to the other Party no later than 15 calendar days before the start of the meeting.
2.
Items to be included in the provisional agenda shall be submitted to the Chair no later than 21 calendar days before the beginning of the meeting.
3.
The agenda shall be adopted by the Joint Committee at the beginning of each meeting. Items other than those on the provisional agenda may be placed on the agenda if the two Parties so agree.
4.
The Chair may, in agreement with the Co-Chair, shorten the time limits referred to in paragraph 1 in order to take account of the requirements of a particular case.
Article 7
Minutes
1.
Draft minutes of each meeting shall be drawn up jointly by the two Secretaries, normally within 30 calendar days from the date of the meeting. The draft minutes shall be based on a summing up by the Chair of the conclusions arrived at by the Joint Committee.
2.
The minutes shall be approved by both Parties within 45 calendar days of the date of the meeting or by any date agreed by the Parties. Once there is agreement on the draft minutes, two original copies shall be signed by the Chair and the Co-Chair. Each Party shall receive one original copy.
Article 8
Decisions and recommendations
1.
The Joint Committee may take decisions and make recommendations in order to attain the objectives of the Agreement. Decisions and recommendations of the Joint Committee shall be adopted by mutual agreement of the Parties. Decisions and recommendations shall be adopted following completion by the Parties of their respective internal procedures in accordance with their laws and regulations.
2.
Each decision shall be binding as of the date of its adoption.
3.
When the Joint Committee adopts decisions or recommendations, such acts shall be entitled ‘Decision’ or ‘Recommendation’ respectively, followed by a serial number, the date of their adoption and a description of the subject matter.
4.
The Joint Committee may take decisions or make recommendations by written procedure if both Parties so agree. By mutual agreement of the Parties, a deadline may be foreseen for the completion of the written procedure, at the end of which the Chair and the Co-Chair of the Joint Committee may declare, unless any of the Parties communicates the contrary, that a mutual agreement of the Parties has been reached.
5.
Decisions and recommendations adopted by the Joint Committee shall be authenticated by two original copies.
6.
Each Party may decide on the publication of the decisions and recommendations of the Joint Committee in its respective official publication.
Article 9
Correspondence
1.
Correspondence addressed to the Joint Committee shall be directed to one of the Secretaries, who will in turn inform the other Secretary.
2.
The Secretariat shall ensure that correspondence addressed to the Joint Committee is forwarded to the Chair and the Co-Chair and circulated, where appropriate, as documents referred to in Article 10 of these rules of procedure.
3.
Correspondence from the Chair and the Co-Chair shall be sent to the Parties by the Secretariat and circulated, where appropriate, as documents referred to in Article 10 of these rules of procedure.
Article 10
Documents
1.
Where the deliberations of the Joint Committee are based on written supporting documents, such documents shall be numbered and circulated by the Secretariat to the Members.
2.
Each Secretary shall be responsible for circulating the documents to the respective representatives in the Joint Committee and systematically copying the other Secretary.
3.
When a Party submits information destined to be treated confidentially, the other Party shall treat the information as such.
Article 11
Expenses
1.
Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Joint Committee with regard to staff, travel, and subsistence expenditure as well as postal and telecommunications expenditure.
2.
Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
Article 12
Amendment of rules of procedure
These rules of procedure may be amended by mutual agreement of the Parties, through a decision of the Joint Committee in accordance with Article 8.
Article 13
Specialised Working Groups
1.
The Joint Committee may decide to set up specialised working groups to assist it in the performance of its tasks.
2.
The Joint Committee shall determine the terms of reference of the specialised working groups set up pursuant to paragraph 1.
3.
The specialised working groups shall report to the Joint Committee after each of their meetings.
4.
The specialised working groups shall not have any decision-making power but may submit recommendations to the Joint Committee.
ANNEX 2
DECISION No 2/[../..] OF THE EU-THAILAND JOINT COMMITTEE
of....
regarding the adoption of Specialised Working Groups’ terms of reference
THE EU-THAILAND JOINT COMMITTEE,
Having regard to 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 (‘the Agreement’), and in particular Article 52 thereof, and to Article 13 of the Rules of Procedure of the Joint Committee,
Whereas:
(1)Pursuant to Article 13 of its Rules of Procedure, the Joint Committee may set up Specialised Working Groups to assist it in the performance of its tasks,
(2)The adoption of the terms of reference of the Specialised Working Groups set out in Annex should not prejudge the continuation nor procedures of the EU-Thailand Labour Dialogue or the EU –Thailand Working Group on combatting Illegal, Unreported and Unregulated (IUU) Fishing,
HAS ADOPTED THIS DECISION:
Article 1
1.
The Joint Committee’s Specialised Working Groups, as set out in Annex I to this Decision, are hereby established.
2.
The terms of reference of the Joint Committee’s Specialised Working Groups, as set out in the Annex II to this Decision, are hereby adopted.
Article 2
This Decision shall take effect on the date of its adoption
Signed at …,
For the EU-Thailand Joint Committee
The Chair and the Co-Chair
ANNEX I
EU-THAILAND JOINT COMMITTEE SPECIALISED WORKING GROUPS
(1) Specialised Working Group on Human Rights and Governance
(2) Specialised Working Group on Trade and Investment
(3) Specialised Working Group on Sustainable Development and Green Transition
ANNEX II
Terms of Reference of Specialised Working Groups
established under the Framework Agreement on Coprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Kindgom of Thailand, of the other part
Article 1
1.
At its meetings, each specialised working group may deal with the implementation of the Agreement in the areas it covers.
2.
The specialised working groups may also discuss subjects or specific projects related to the relevant area of bilateral cooperation.
3.
Individual cases may also be raised when either Party requires.
Article 2
The specialised working groups shall work under the authority of the Joint Committee. They shall report and transmit their minutes and conclusions to the Chair of the Joint Committee within 30 calendar days after each meeting.
Article 3
Each specialised working group shall be composed of representatives of the Parties competent for the matters it covers. Upon agreement of the Parties, the specialised working groups may invite experts to their meetings and may hear from them regarding specific points on the agenda, as appropriate.
Article 4
The specialised working groups shall be chaired by the Parties alternately, according to the rules of procedure of the Joint Committee. The other Party shall act as Co-Chair. The Chair and Co-Chair shall be a representative of the authority competent for the matters covered by each body.
Article 5
A representative of the European External Action Service and a representative of the Ministry of Foreign Affairs of Thailand shall act jointly as Secretaries of the specialised working groups, unless otherwise determined by each Party based on the tasks of the given specialised working group. All communications concerning the specific specialised working groups shall be forwarded to the two Secretaries.
Article 6
1.
The specialised working groups shall meet not less than every two years in Bangkok and Brussels alternately. Each meeting shall be held at a place and date agreed by the Parties.
2.
Upon receipt of a request by one of the Parties for a meeting of a specialised working group, the Secretary of the other Party shall reply within 15 calendar days.
3.
In cases of particular urgency, specialised working groups meetings may be convened at shorter notice, subject to the agreement of both Parties.
4.
If both Parties agree, the meetings of the specialised working groups may exceptionally be held by means of video- or teleconference.
5.
Before each meeting, the Chair and Co-Chair shall be informed of the intended composition of the delegation of both Parties.
6.
Meetings of the specialised working groups are convened jointly by the two Secretaries.
Article 7
Items for inclusion on the agenda shall be submitted to the Secretaries at least 20 calendar days prior to the date of the specialised working group meeting in question. Any supporting documentation shall be provided to the Secretaries at least 15 calendar days before the meeting. The Secretaries will communicate the draft agenda no later than 10 calendar days before the meeting. The agenda shall be finalised upon the agreement of both Parties. In exceptional circumstances, upon agreement of the Parties, items may be added to the agenda at short notice.
Article 8
1.
Minutes shall be taken for each meeting.
2.
Unless otherwise decided, specialised working groups’ meetings shall not be public.
Article 9
1.
Each Party shall meet any expenses it incurs as a result of participating in the meetings of a specialised working group with regard to staff, travel, and subsistence expenditure as well as postal and telecommunications expenditure.
2.
Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
Article 10
For other aspects not covered by these terms of reference, the rules of procedure of the Joint Committee shall apply by analogy.
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