SP(2014)447

PURPOSE: to conclude the Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States, of the one part, and Indonesia, of the other part.

NON-LEGISLATIVE ACT: Council Decision 2014/230/EU on the conclusion of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and Indonesia, of the other part, with the exception of matters related to readmission.

BACKGROUND: in accordance with Council Decision 2014/229/EU, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and Indonesia, of the other part (‘the Agreement’) was signed on 9 November 2009, subject to its conclusion at a later date.

It is now appropriate to approve the agreement on behalf of the Union.

CONTENT: by means of this decision, the Council approves on behalf of the European Union, with the consent of the European Parliament, a Framework Agreement on Comprehensive Partnership and Cooperation between the EU and its Member States, of the one part, and Indonesia, of the other part, with the exception of matters related to readmission which is the subject of a separate decision (Art 34(3)).

General principles: the Agreement seeks to strengthen EU-Indonesian relations and opens a new era in bilateral relations, based on shared principles such as equality, mutual respect, mutual benefit, democracy, rule of law and human rights. These instruments applicable to both Parties underpin the internal and international policies of both Parties and constitute an essential element of this Agreement.

Amongst the other main principles defined as the basis of the Agreement, are the following:

· the challenge of climate change and the achievement of the Millennium Development Goals;

· the attachment to the principles of good governance, the rule of law, including the independence of the judiciary, and the fight against corruption;

· the principles of equality and mutual benefit.

Sectoral cooperation: the Agreement strengthens political, economic and sectoral cooperation across a wide range of policy fields, including:

· trade,

· environment,

· energy,

· science and technology,

· tourism and culture,

· migration,

· counter-terrorism and the fight against corruption and organised crime.

It will further enhance cooperation on responding to global challenges, where both Indonesia and the EU are playing an increasingly important role, such as in the G20.

Other sectors shall also be covered: financial services, taxation and customs, macroeconomic policy, industrial policy and SMEs, information society, energy, transport, education and culture, natural resources, including marine environment; forestry; agriculture and rural development; personal data protection; cooperation on the modernisation of the state and public administration; and intellectual property rights, migration issues, legal and illegal migration, smuggling and trafficking in human beings.

Cooperation should also be established as regards countering the proliferation of weapons of mass destruction , combating illicit drugs, civil society and the strengthening of NGOs.

The Agreement also includes a future development clause allowing for the Parties to put forward suggestions to widen the scope of cooperation.

Political dialogue: the PCA will be regarded as a positive example for an inter-cultural/religious dialogue, given that Indonesia is the third most populous country in Asia and the largest Muslim country in the world.

Institutional framework: the draft Agreement includes institutional provisions which aim to put in place a joint committee, comprising representatives of both sides at the highest possible level, to ensure the proper functioning and application of the agreement and to resolve potential differences.

Duration of the Agreement: this Agreement is valid for a period of five years. It shall be automatically extended for further successive periods, unless either Party notifies the other Party in writing of its intention not to extend it.

ENTRY INTO FORCE: 14.04.2014. The date of the entry into force of the agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

Decision 2014/230
OJ L 125 26.04.2014, p. 0044

The European Parliament adopted a legislative resolution on the draft Council decision on the conclusion of a Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, with the exception of matters related to readmission.

The European Parliament gave its approval to the conclusion of the agreement.

T7-0142/2014

Results of vote in Parliament

The European Parliament adopted an interim report on the draft Council decision on the conclusion of the Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, with the exception of matters related to readmission.

Parliament recalled that Indonesia is the world’s fourth most populous nation, the third largest democracy and the largest Muslim majority country .

Taking account of these elements, it called on the Council to take account of the following recommendations in the framework of the consent of the Agreement:

the recommendation stressed that the PCA aims to further strengthen relations between the EU and Indonesia, in addition to the existing cooperation mechanisms, and to cooperate in addressing global challenges, based on the shared principles of equality, mutual respect, mutual benefit, democracy, active civil society participation, the rule of law, good governance and human rights, by developing political and economic cooperation in all matters; Parliament believed that the relationship between Indonesia and the EU ought to be recognised as strategic and that regular summits should be held to review bilateral and global developments; Parliament urged the EU and Indonesia to make full use of the PCA in order to achieve long-term geostrategic benefits in facing global security challenges, such as tackling climate change and the proliferation of WMD, piracy; Parliament stressed the need to combat corruption.

Economic expansion : Parliament highlighted that Indonesia's 15-year process of democratic, political, social and economic transformation, after 33 years of authoritarian military rule and that Indonesia is urbanising rapidly. It has a fast-rising middle class (of over 70 million), ample natural resources, the largest economy in Southeast Asia (GDP growing by more than 6% in the last two years), with half of the world's trade passing its northern maritime border, and an increasing diplomatic presence in regional and global fora, such as the UN, the WTO, the IOC and the G20, as well as the ASEAN, of which Indonesia is both a founder and its largest member, and recognises the important role played by Indonesia in the broader region. In this respect, Parliament recognised the important role of Indonesia in the region as a whole.

Human rights : Parliament stressed the inconsistency of Law 8/1985 and the new Law on Mass Organisations 17/2013 (repealing the former Law on Associations 8/1985) on civil organisations (the “Ormas Bill”), which, despite the stated purpose of ensuring tolerance and preventing violence against society groups, if not revised to conform with international human rights standards, risks imposing unnecessary and sometimes onerous administrative, legal and financial restrictions on the activities of non-governmental organisations.

It called on both national and foreign enterprises operating in Indonesia need to develop their activities in accordance with the principles of corporate social responsibility.

Freedom of culture : Parliament noted with regret that the increasingly strong focus on Islamic teachings in the public education system, to the detriment of the stress on religious, ethnic and cultural plurality and diversity enshrined in the Indonesian motto ‘Bhineka Tunggal Ika’ (Unity in Diversity), and expressed their concern as regards acts of violence towards religious minorities and the closure of churches in some parts of the country.

Death penalty : Parliament recalled that the abolition of the death penalty is a key objective of the Union's human rights policy and called on the Indonesian authorities to consider abolishing the death penalty, or at least declaring a moratorium on its application. They also called for the end of acts of violence against the civilian population in Papua and West Papua.

Parliament also called for further efforts to:

eradicate genital mutilation, eliminate the worst forms of child labour, and its legal framework to tackle child exploitation; diversify energy supplies by developing new and renewable forms of energy, apply the moratorium on the clearing of new forest decided by the Government in 2011, develop sustainable tourism models, starting negotiations on visa facilitation with a view to increasing people-to-people exchanges, modernise the public administration, reduce plantations of palm oil and rubber, improve efficiency in asset recovery and fighting terrorism, piracy, organised crime, money laundering and tax havens.

T7-0141/2014

The Committee on Foreign Affairs adopted the report by Ana GOMES (S&D, PT) on the draft Council decision on the conclusion of the Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, with the exception of matters related to readmission.

The committee recommended the European Parliament to give its consent to the conclusion of the Agreement.

A7-0134/2014

A7-0093/2014

A7-0093/2014

PE522.786

PE521.590

PURPOSE : to conclude a Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and

Indonesia, of the other part.

PROPOSED ACT : Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT : the Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND : in November 2004, the Council authorised the Commission to negotiate a Framework Agreement on Partnership and Cooperation (PCA) with Indonesia. In accordance with the Council Decision of 5 November 2009, the Framework Agreement was signed on 9 November 2009, subject to its conclusion at a later date. It would be the first of its kind between the EU and an ASEAN country.

The PCA should now be approved on behalf of the Union.

IMPACT ASSESSMENT : no impact assessment was undertaken.

LEGAL BASIS : Articles 91, 100, 191(4), 207 and 209, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT : the draft decision proposes that the Council conclude a Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and Indonesia, of the other part.

General principles : the Agreement aims to strengthen relations between the EU and Indonesia, and opens a new era in bilateral relations, based on shared principles such as equality, mutual respect, mutual benefit, democracy, rule of law and human rights. These principles underpin the internal and international policies of both Parties and constitutes an essential element of the Agreement.

General principles underlying the Agreement include:

· the fight against climate change and reaching the Millennium Development Goals (MDGs) ;

· good governance and the independence of the judiciary, as well as the fight against corruption ;

· equality and mutual benefit ;

Cooperation : the Agreement strengthens political, economic and sectoral cooperation across a wide range of policy fields:

· trade,

· environment,

· energy,

· science and technology,

· good governance,

· tourism and culture,

· migration,

· counter terrorism and the fight against corruption and organised crime.

It will further enhance cooperation on responding to global challenges, such as questions discussed in the G20.

Also covered are other sectors of common interest: financial services; taxation and customs; macro-economic policy; industrial policy and SMEs; information society; science and technology; energy; transport and transport safety; education and culture; human rights; environment and natural resources, including marine environment; forestry; agriculture and rural development; cooperation on marine and fisheries; health; food safety; animal health; statistics; personal data protection; cooperation on the modernisation of the state and public administration; and intellectual property rights; migration issues, including legal and illegal migration, and trafficking in human beings.

Cooperation covers, furthermore, countering the proliferation of weapons of mass destruction ; civil society and strengthening NGOs.

The Agreement includes a clause permitting its extension to new areas of cooperation.

Political dialogue : the PCA will be regarded as a positive example for an inter-cultural/religious dialogue, given that Indonesia is the third most populous country in Asia and the largest Muslim country in the world.

Institutional framework : the Agreement will also include institutional provisions designed to establish a Joint Committee, composed of representatives of both sides at the highest possible level in order to ensure the proper functioning and implementation of this Agreement and resolve differences.

Duration of the Agreement: the Agreement is valid for a period of five years and will be automatically extended for further successive periods of one year, unless either Party puts forward a written objection.

N.B. : certain provisions of the Agreement concern the readmission of persons illegally resident and therefore fall within the scope of Title V of Part Three of the Treaty. A separate decision relating to those provisions is to be adopted in parallel to this Decision.

BUDGETARY IMPLICATIONS : the proposal has no implications for the EU budget.

11250/2013

PURPOSE : to conclude a Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and

Indonesia, of the other part.

PROPOSED ACT : Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT : the Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND : in November 2004, the Council authorised the Commission to negotiate a Framework Agreement on Partnership and Cooperation (PCA) with Indonesia. In accordance with the Council Decision of 5 November 2009, the Framework Agreement was signed on 9 November 2009, subject to its conclusion at a later date. It would be the first of its kind between the EU and an ASEAN country.

The PCA should now be approved on behalf of the Union.

IMPACT ASSESSMENT : no impact assessment was undertaken.

LEGAL BASIS : Articles 91, 100, 191(4), 207 and 209, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT : the draft decision proposes that the Council conclude a Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and Indonesia, of the other part.

General principles : the Agreement aims to strengthen relations between the EU and Indonesia, and opens a new era in bilateral relations, based on shared principles such as equality, mutual respect, mutual benefit, democracy, rule of law and human rights. These principles underpin the internal and international policies of both Parties and constitutes an essential element of the Agreement.

General principles underlying the Agreement include:

· the fight against climate change and reaching the Millennium Development Goals (MDGs) ;

· good governance and the independence of the judiciary, as well as the fight against corruption ;

· equality and mutual benefit ;

Cooperation : the Agreement strengthens political, economic and sectoral cooperation across a wide range of policy fields:

· trade,

· environment,

· energy,

· science and technology,

· good governance,

· tourism and culture,

· migration,

· counter terrorism and the fight against corruption and organised crime.

It will further enhance cooperation on responding to global challenges, such as questions discussed in the G20.

Also covered are other sectors of common interest: financial services; taxation and customs; macro-economic policy; industrial policy and SMEs; information society; science and technology; energy; transport and transport safety; education and culture; human rights; environment and natural resources, including marine environment; forestry; agriculture and rural development; cooperation on marine and fisheries; health; food safety; animal health; statistics; personal data protection; cooperation on the modernisation of the state and public administration; and intellectual property rights; migration issues, including legal and illegal migration, and trafficking in human beings.

Cooperation covers, furthermore, countering the proliferation of weapons of mass destruction ; civil society and strengthening NGOs.

The Agreement includes a clause permitting its extension to new areas of cooperation.

Political dialogue : the PCA will be regarded as a positive example for an inter-cultural/religious dialogue, given that Indonesia is the third most populous country in Asia and the largest Muslim country in the world.

Institutional framework : the Agreement will also include institutional provisions designed to establish a Joint Committee, composed of representatives of both sides at the highest possible level in order to ensure the proper functioning and implementation of this Agreement and resolve differences.

Duration of the Agreement: the Agreement is valid for a period of five years and will be automatically extended for further successive periods of one year, unless either Party puts forward a written objection.

N.B. : certain provisions of the Agreement concern the readmission of persons illegally resident and therefore fall within the scope of Title V of Part Three of the Treaty. A separate decision relating to those provisions is to be adopted in parallel to this Decision.

BUDGETARY IMPLICATIONS : the proposal has no implications for the EU budget.

11250/2013

PE513.093

PURPOSE: to conclude the Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: in 2004, the Council authorised the Commission to negotiate a Framework Agreements with Indonesia. Negotiations started in 2005 and were concluded in June 2007. The Agreement was co-signed on 9 November 2009 in Jakarta.

This comprehensive EU-Indonesia Partnership and Co-operation Agreement (PCA) was the first of its kind between the EU and ASEAN countries.

Union competences : in accordance with standing case-law of the Court, the Commission takes the view that, since the entry into force of the Treaty of Lisbon and the integration of CFSP into Union policies, framework agreements such as the PCA with Indonesia are entirely covered by competences conferred upon the EU by the Treaties. Therefore, it is the view of the Commission that such agreements are EU only bilateral agreements .

The fact that the Commission has submitted its proposal as an agreement of the Union and its Member States with Indonesia is exclusively linked to the genesis of this specific agreement under the rules of the Treaty before the entry into force of the Treaty of Lisbon and the international obligations that result therefrom for the Union.

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Articles 207 and 209, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: with this proposal, it is sought to approve, on behalf of the Union, the Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States, of the one part, and Indonesia, of the other part.

General principles : the draft Agreement is a testimony to the rapidly growing importance of EU-Indonesian ties and opens a new era in bilateral relations, based on shared principles such as equality, mutual respect, mutual benefit, democracy, rule of law and human rights. These instruments applicable to both Parties underpin the internal and international policies of both Parties and constitute an essential element of this Agreement.

Amongst the other main principles defined as the basis of the draft Agreement, the following should be noted:

the challenge of climate change and the achievement of the Millennium Development Goals; the attachment to the principles of good governance, the rule of law, including the independence of the judiciary, and the fight against corruption; the principles of equality and mutual benefit.

Cooperation : the Agreement strengthens political, economic and sectoral cooperation across a wide range of policy fields, including:

trade, environment, energy, science and technology, tourism and culture, migration, counter-terrorism and the fight against corruption and organised crime.

It will further enhance cooperation on responding to global challenges, where both Indonesia and the EU are playing an increasingly important role, such as in the G20.

Other sectors shall also be covered: financial services, taxation and customs, macroeconomic policy, industrial policy and SMEs, information society, energy, transport, education and culture, natural resources, including marine environment; forestry; agriculture and rural development; personal data protection; cooperation on the modernisation of the state and public administration; and intellectual property rights, migration issues, legal and illegal migration, smuggling and trafficking in human beings.

Cooperation should also be established as regards countering the proliferation of weapons of mass destruction , combating illicit drugs, civil society and the strengthening of NGOs.

The draft Agreement also includes a future development clause allowing for the Parties to put forward suggestions to widen the scope of cooperation.

Political dialogue : the PCA will be regarded as a positive example for an inter-cultural/religious dialogue, given that Indonesia is the third most populous country in Asia and the largest Muslim country in the world.

Institutional framework : the draft Agreement includes institutional provisions which aim to put in place a joint committee, composed representatives of both sides at the highest possible level, to ensure the proper functioning of any sectoral agreement or protocol concluded or to be concluded between the Community and Indonesia.

Duration of the Agreement : this Agreement is valid for a period of five years. It shall be automatically extended for further successive periods of one year, unless either Party notifies the other Party in writing of its intention not to extend it.

BUDGETARY IMPLICATIONS: this proposal has no implications for the EU budget.

COM(2013)0230
EUR-Lex

PURPOSE: to conclude the Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: in 2004, the Council authorised the Commission to negotiate a Framework Agreements with Indonesia. Negotiations started in 2005 and were concluded in June 2007. The Agreement was co-signed on 9 November 2009 in Jakarta.

This comprehensive EU-Indonesia Partnership and Co-operation Agreement (PCA) was the first of its kind between the EU and ASEAN countries.

Union competences : in accordance with standing case-law of the Court, the Commission takes the view that, since the entry into force of the Treaty of Lisbon and the integration of CFSP into Union policies, framework agreements such as the PCA with Indonesia are entirely covered by competences conferred upon the EU by the Treaties. Therefore, it is the view of the Commission that such agreements are EU only bilateral agreements .

The fact that the Commission has submitted its proposal as an agreement of the Union and its Member States with Indonesia is exclusively linked to the genesis of this specific agreement under the rules of the Treaty before the entry into force of the Treaty of Lisbon and the international obligations that result therefrom for the Union.

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Articles 207 and 209, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: with this proposal, it is sought to approve, on behalf of the Union, the Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States, of the one part, and Indonesia, of the other part.

General principles : the draft Agreement is a testimony to the rapidly growing importance of EU-Indonesian ties and opens a new era in bilateral relations, based on shared principles such as equality, mutual respect, mutual benefit, democracy, rule of law and human rights. These instruments applicable to both Parties underpin the internal and international policies of both Parties and constitute an essential element of this Agreement.

Amongst the other main principles defined as the basis of the draft Agreement, the following should be noted:

the challenge of climate change and the achievement of the Millennium Development Goals; the attachment to the principles of good governance, the rule of law, including the independence of the judiciary, and the fight against corruption; the principles of equality and mutual benefit.

Cooperation : the Agreement strengthens political, economic and sectoral cooperation across a wide range of policy fields, including:

trade, environment, energy, science and technology, tourism and culture, migration, counter-terrorism and the fight against corruption and organised crime.

It will further enhance cooperation on responding to global challenges, where both Indonesia and the EU are playing an increasingly important role, such as in the G20.

Other sectors shall also be covered: financial services, taxation and customs, macroeconomic policy, industrial policy and SMEs, information society, energy, transport, education and culture, natural resources, including marine environment; forestry; agriculture and rural development; personal data protection; cooperation on the modernisation of the state and public administration; and intellectual property rights, migration issues, legal and illegal migration, smuggling and trafficking in human beings.

Cooperation should also be established as regards countering the proliferation of weapons of mass destruction , combating illicit drugs, civil society and the strengthening of NGOs.

The draft Agreement also includes a future development clause allowing for the Parties to put forward suggestions to widen the scope of cooperation.

Political dialogue : the PCA will be regarded as a positive example for an inter-cultural/religious dialogue, given that Indonesia is the third most populous country in Asia and the largest Muslim country in the world.

Institutional framework : the draft Agreement includes institutional provisions which aim to put in place a joint committee, composed representatives of both sides at the highest possible level, to ensure the proper functioning of any sectoral agreement or protocol concluded or to be concluded between the Community and Indonesia.

Duration of the Agreement : this Agreement is valid for a period of five years. It shall be automatically extended for further successive periods of one year, unless either Party notifies the other Party in writing of its intention not to extend it.

BUDGETARY IMPLICATIONS: this proposal has no implications for the EU budget.

COM(2013)0230
EUR-Lex

14032/2009