PURPOSE: to conclude a Framework Agreement between the
European Union and its Member States, of the one part, and the
Republic of Korea, 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: relations between the EU and the Republic
of Korea are currently based on the Framework Agreement for Trade and
Cooperation between the European Community and
its Member States, on the one hand, and the Republic of Korea, on
the other hand which entered into force in 2001.
On 7 May 2008, the Council authorised the European
Commission to negotiate a new Framework Agreement with Korea.
Negotiations with Korea were concluded and the text of the draft
agreement was initialled on 14 October 2009. The Agreement was
co-signed on 10 May 2010 in Seoul.
It is now appropriate to conclude the agreement on
behalf of the European Union.
IMPACT ASSESSMENT: no impact assessment was
undertaken.
LEGAL BASIS: Articles 207 and 212, in conjunction with
Article 218(6)(a) of the Treaty on the Functioning of the European
Union (TFEU).
CONTENT: with this proposal, the Framework Agreement
between the European Union, of the one part, and the Republic of
Korea, of the other part, is approved on behalf of the European
Union.
The new Framework Agreement will allow the EU to
assume greater responsibility and influence in the Korean
Peninsula. By virtue of the new Framework Agreement, the EU will
promote European values and enhance concrete cooperation in a wide
range of areas of mutual interest.
Shared principles: the
new Framework Agreement is a testimony to the importance of
EU-Korean ties and opens a new era in bilateral relations, based on
shared principles such as:
- equality,
- mutual respect, mutual benefit,
- respect for democracy, rule of law and human
rights.
Strengthened cooperation: the draft Agreement strengthens political, economic
and sectoral cooperation across a wide range of policy fields,
including:
- peace and security,
- conflict prevention and crisis management,
- trade,
- environment,
- energy,
- science and technology,
- good governance,
- tourism and culture,
- counter terrorism,
- the fight against corruption and organised
crime.
It will further enhance cooperation on responding to
global challenges, where both Korea and the EU are playing an
increasingly important role, such as in the G20.
The conclusion of the new Framework Agreement is in
line with the EU's objective of creating a comprehensive and
coherent economic and political framework for relations between the
EU and ASEAN countries.
Institutional aspects: it is envisaged to establish a Joint Committee
consisting of representatives of the members of the Council of the
European Union and representatives of the European Commission, on
the one hand, and representatives of the Korea, on the
other.
The Joint Committee shall be responsible for ensuring
the good functioning of the Agreement.
Modalities for implementation: implementation is covered by consensus and dialogue.
If, however, there is divergence of views in the application or
interpretation of this Agreement, either Party shall refer to the
Joint Committee. If either Party considers that the other Party has
failed to fulfil its obligations under this Agreement, it may take
appropriate measures in accordance with international
law, having given prior notice to the Joint Committee of the
reasons for the divergence and the possible modalities for
mediation. In the selection of measures, priority must be given to
those which least disrupt the functioning of the
agreement.
Measures are also envisaged so that Parties may
request arbitration in the event of a dispute.
Duration of the agreement: the Agreement shall be valid
indeterminately.
BUDGETARY IMPLICATION: the proposal has no
implications for the EUs budget.