BETA


2013/0440(NLE) EU/Vietnam Framework Agreement on Comprehensive Partnership and Cooperation

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead AFET LOCHBIHLER Barbara (icon: Verts/ALE Verts/ALE) PREDA Cristian Dan (icon: PPE PPE), GILL Neena (icon: S&D S&D), BASHIR Amjad (icon: ECR ECR), VAUTMANS Hilde (icon: ALDE ALDE), SCHOLZ Helmut (icon: GUE/NGL GUE/NGL), CASTALDO Fabio Massimo (icon: EFDD EFDD)
Former Responsible Committee AFET
Committee Opinion DEVE
Committee Opinion INTA
Committee Opinion ENVI
Former Committee Opinion DEVE
Former Committee Opinion INTA
Former Committee Opinion BUDG
Lead committee dossier:
Legal Basis:
TFEU 207, TFEU 209-p1, TFEU 218-p6a

Events

2016/12/03
   Final act published in Official Journal
Details

PURPOSE: to conclude the framework agreement on comprehensive partnership and cooperation between the European Union and its Member States, of the one part, and Viet Nam, of the other part.

NON-LEGISLATIVE ACT: Council Decision (EU) 2016/2117 on the conclusion, on behalf of the Union, of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part.

CONTENT: with this Decision, the Council approved, on behalf of the European Union, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Vietnam, of the other part (PCA).

The main objectives of the Agreement are as follows :

Foreign policy : the PCA covers the EU’s standard political clauses on:

human rights, International Criminal Court, weapons of mass destruction, small arms and light weapons, counter-terrorism, International Criminal Court.

The Agreement also addresses legal cooperation, money laundering and terrorist financing, organised crime and corruption, and covers areas of particular interest to Vietnam such as cooperation on human rights and the rule of law, remnants of war and natural disaster prevention.

Economic and trade cooperation : the Agreement provides the basis for more effective engagement by the EU and its Member States with Vietnam in the development, trade and economic fields and will facilitate the conclusion of a Free Trade Agreement with Vietnam.

Sectoral cooperation : the PCA strengthens the sectoral cooperation across a wide range of policy fields, such as:

taxation, migration, health, environment, climate change, energy, education and culture, labour, employment and social affairs, science and technology, transport.

Institutional framework : lastly, the Agreement includes institutional provisions to put in place a joint committee composed of representatives of the two Parties with the aim of ensuring the correct application of the Agreement and resolving conflicts.

ENTRY INTO FORCE: 29.9.2016. The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.

2016/09/29
   EP/CSL - Act adopted by Council after consultation of Parliament
2016/09/29
   EP - End of procedure in Parliament
2015/12/17
   EP - Results of vote in Parliament
2015/12/17
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 523 votes to 56, with 48 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part.

Parliament gave its consent to the conclusion of the agreement.

Documents
2015/12/16
   EP - Debate in Parliament
2015/11/23
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Foreign Affairs adopted the report by Barbara LOCHBIHLER (Greens/EFA, DE) on the draft Council decision on the conclusion, on behalf of the Union, of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part.

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

Documents
2015/11/16
   EP - Vote in committee, 1st reading/single reading
2015/06/30
   EP - Committee draft report
Documents
2015/03/31
   EP - LOCHBIHLER Barbara (Verts/ALE) appointed as rapporteur in AFET
2015/03/09
   EP - Committee referral announced in Parliament, 1st reading/single reading
2015/02/02
   EC - Legislative proposal published
Details

PURPOSE: to conclude the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, 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 accordance with Council Decision 2012/279/EU, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Vietnam, of the other part, was signed on 27 June 2012, subject to its conclusion.

It is now necessary to approve the PCA on behalf of the European Union.

The PCA with Vietnam will supersede the current legal framework of the 1995 Agreement between the European Community and Vietnam and the 1980 Cooperation Agreement between the European Economic Community and member countries of the Association of South-East Asian Nations (ASEAN), which was extended in 1999 to include Vietnam.

CONTENT: under this proposal, the Council is called upon to approve, on behalf of the European Union, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, of the other part.

General principles and political dialogue : the PCA with Vietnam constitutes an important step towards enhanced political and economic involvement of the EU in South-East Asia.

Foreign policy : the draft PCA covers the EU’s standard political clauses on:

human rights, International Criminal Court, weapons of mass destruction, small arms and light weapons and counter-terrorism.

It also addresses legal cooperation, money laundering and terrorist financing, organised crime and corruption, and covers areas of particular interest to Vietnam such as cooperation on human rights and the rule of law, remnants of war and natural disaster prevention .

Economic and trade cooperation : the draft PCA provides the basis for more effective engagement by the EU and its Member States with Vietnam in the development, trade and economic fields and will facilitate the conclusion of a Free Trade Agreement with Vietnam .

The conclusion of the PCA 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.

Sectoral cooperation : the PCA strengthens the sectoral cooperation across a wide range of policy fields, such as:

taxation, migration, health, environment, climate change, energy, education and culture, labour, employment and social affairs, science and technology, transport.

Institutional framework : the draft Agreement also includes institutional provisions to put in place a joint committee composed of representatives of the two Parties with the aim of ensuring the correct application of the Agreement and resolving conflicts.

Documents
2013/12/18
   EP - Preparatory document
Details

PURPOSE: to conclude the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, 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 2007, the Council authorised the Commission to negotiate a Framework Agreement on Partnership and Cooperation (PCA) with Vietnam, based on the November 2004 authorisation for negotiations with Thailand, Indonesia, Singapore, the Philippines, Malaysia and Brunei. Negotiations with Vietnam were launched in Hanoi in November 2007. The PCA was signed in Brussels on 27 June 2012.

The PCA with Vietnam will supersede the current legal framework of the 1995 Agreement between the European Community and Vietnam and the 1980 Cooperation Agreement between the European Economic Community and member countries of the Association of South-East Asian Nations (ASEAN), which was extended in 1999 to include Vietnam.

It is now necessary to approve the PCA on behalf of the European Union.

LEGAL BASIS: the Commission notes that Council Decision No 2012/272/EU on the signature of the PCA Philippines is the subject of Court Case C-377/12: the Commission asked the Court to annul this Decision insofar as the Council had added legal bases relating to transport (Articles 91 and 100 TFEU), readmission (Article 79(3) TFEU) and the environment (Article 191(4) TFEU).

Council Decision No 2012/279/EU on the signature of the PCA Vietnam raises, mutatis mutandis , the same legal issues as Council Decision No 2012/272/EU on the signature of the PCA Philippines. Court Case C-377/12 is therefore of relevance to the proposal for a Council Decision on the conclusion of the PCA with Vietnam too.

Subject to the Court ruling in Case-377/12, this proposal for a Council Decision on the conclusion of the PCA Vietnam is based on Articles 207, 209 and 218(6).

The PCA draws the attention of the Council to the recital in the Agreement relating to the specific position of the UK, Ireland and Denmark based on Protocols 21 and 22 of the Treaties. The addition of this recital is due to the genesis of this text only. Depending on the outcome of case C-377/12, currently pending before the Court of Justice, this recital may have to be dropped or reworded at a later stage.

The Commission takes the view that, as long as this case is pending, the procedure for conclusion of this Agreement cannot be finalised .

CONTENT: under this proposal, the Council is called upon to approve, on behalf of the European Union, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, of the other part.

General principles and political dialogue : the PCA with Vietnam constitutes an important step towards enhanced political and economic involvement of the EU in South-East Asia.

Foreign policy : the draft PCA covers the EU’s standard political clauses on:

human rights, International Criminal Court, weapons of mass destruction, small arms and light weapons and counter-terrorism.

It also addresses legal cooperation, money laundering and terrorist financing, organised crime and corruption, and covers areas of particular interest to Vietnam such as cooperation on human rights and the rule of law, remnants of war and natural disaster prevention .

Economic and trade cooperation : the draft PCA provides the basis for more effective engagement by the EU and its Member States with Vietnam in the development, trade and economic fields and will facilitate the conclusion of a Free Trade Agreement with Vietnam .

The conclusion of the PCA 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.

Sectoral cooperation : the PCA strengthens the sectoral cooperation across a wide range of policy fields, such as:

taxation, migration, health, environment, climate change, energy, education and culture, labour, employment and social affairs, science and technology, transport.

Institutional framework : the draft Agreement also includes institutional provisions to put in place a joint committee composed of representatives of the two Parties with the aim of ensuring the correct application of the Agreement and resolving conflicts.

2011/06/16
   CSL - Document attached to the procedure
Documents

Documents

Activities

Votes

A8-0339/2015 - Barbara Lochbihler - Vote unique

2015/12/17 Outcome: +: 523, -: 56, 0: 48
DE IT PL ES GB RO FR BE HU CZ AT SE PT BG NL HR DK SK FI LT SI LU IE MT EE LV CY EL
Total
79
60
48
37
56
21
61
20
17
19
17
19
18
12
23
11
12
11
11
9
7
6
10
6
5
5
6
20
icon: PPE PPE
174

Denmark PPE

For (1)

1

Finland PPE

2

Lithuania PPE

1

Luxembourg PPE

3

Estonia PPE

For (1)

1
icon: S&D S&D
161
3

Netherlands S&D

2

Croatia S&D

2

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Ireland S&D

For (1)

1

Malta S&D

3

Estonia S&D

For (1)

1

Latvia S&D

1

Cyprus S&D

2
icon: ALDE ALDE
61

United Kingdom ALDE

1

Romania ALDE

3

Austria ALDE

For (1)

1

Croatia ALDE

2

Denmark ALDE

2

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Ireland ALDE

For (1)

1

Estonia ALDE

2
icon: ECR ECR
63

Italy ECR

1

Romania ECR

For (1)

1

Czechia ECR

2

Bulgaria ECR

2

Netherlands ECR

2

Croatia ECR

For (1)

1

Slovakia ECR

2
2

Lithuania ECR

1

Greece ECR

Against (1)

1
icon: Verts/ALE Verts/ALE
42

United Kingdom Verts/ALE

4

Belgium Verts/ALE

2

Hungary Verts/ALE

For (1)

1

Austria Verts/ALE

3

Sweden Verts/ALE

3

Netherlands Verts/ALE

1

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Latvia Verts/ALE

1
icon: EFDD EFDD
37

Poland EFDD

1

France EFDD

Against (1)

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: GUE/NGL GUE/NGL
43

Italy GUE/NGL

3

United Kingdom GUE/NGL

Abstain (1)

1

Czechia GUE/NGL

2

Sweden GUE/NGL

Abstain (1)

1

Portugal GUE/NGL

Abstain (1)

3

Netherlands GUE/NGL

3

Denmark GUE/NGL

Abstain (1)

1

Finland GUE/NGL

Abstain (1)

1
4

Cyprus GUE/NGL

2
icon: NI NI
13

Germany NI

For (1)

Against (1)

2

Poland NI

Abstain (1)

1

France NI

Against (1)

2
icon: ENF ENF
32

Poland ENF

2

United Kingdom ENF

Against (1)

1

Belgium ENF

Against (1)

1

Austria ENF

For (1)

3

Netherlands ENF

4

History

(these mark the time of scraping, not the official date of the change)

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          • date: 2015-06-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE560.913 title: PE560.913 type: Committee draft report body: EP
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          • date: 2013-12-18T00:00:00 type: Initial legislative proposal published body: EC docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0924 title: EUR-Lex title: COM(2013)0924 summary: PURPOSE: to conclude the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, 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 2007, the Council authorised the Commission to negotiate a Framework Agreement on Partnership and Cooperation (PCA) with Vietnam, based on the November 2004 authorisation for negotiations with Thailand, Indonesia, Singapore, the Philippines, Malaysia and Brunei. Negotiations with Vietnam were launched in Hanoi in November 2007. The PCA was signed in Brussels on 27 June 2012. The PCA with Vietnam will supersede the current legal framework of the 1995 Agreement between the European Community and Vietnam and the 1980 Cooperation Agreement between the European Economic Community and member countries of the Association of South-East Asian Nations (ASEAN), which was extended in 1999 to include Vietnam. It is now necessary to approve the PCA on behalf of the European Union. LEGAL BASIS: the Commission notes that Council Decision No 2012/272/EU on the signature of the PCA Philippines is the subject of Court Case C-377/12: the Commission asked the Court to annul this Decision insofar as the Council had added legal bases relating to transport (Articles 91 and 100 TFEU), readmission (Article 79(3) TFEU) and the environment (Article 191(4) TFEU). Council Decision No 2012/279/EU on the signature of the PCA Vietnam raises, mutatis mutandis , the same legal issues as Council Decision No 2012/272/EU on the signature of the PCA Philippines. Court Case C-377/12 is therefore of relevance to the proposal for a Council Decision on the conclusion of the PCA with Vietnam too. Subject to the Court ruling in Case-377/12, this proposal for a Council Decision on the conclusion of the PCA Vietnam is based on Articles 207, 209 and 218(6). The PCA draws the attention of the Council to the recital in the Agreement relating to the specific position of the UK, Ireland and Denmark based on Protocols 21 and 22 of the Treaties. The addition of this recital is due to the genesis of this text only. Depending on the outcome of case C-377/12, currently pending before the Court of Justice, this recital may have to be dropped or reworded at a later stage. The Commission takes the view that, as long as this case is pending, the procedure for conclusion of this Agreement cannot be finalised . CONTENT: under this proposal, the Council is called upon to approve, on behalf of the European Union, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, of the other part. General principles and political dialogue : the PCA with Vietnam constitutes an important step towards enhanced political and economic involvement of the EU in South-East Asia. Foreign policy : the draft PCA covers the EU’s standard political clauses on: human rights, International Criminal Court, weapons of mass destruction, small arms and light weapons and counter-terrorism. It also addresses legal cooperation, money laundering and terrorist financing, organised crime and corruption, and covers areas of particular interest to Vietnam such as cooperation on human rights and the rule of law, remnants of war and natural disaster prevention . Economic and trade cooperation : the draft PCA provides the basis for more effective engagement by the EU and its Member States with Vietnam in the development, trade and economic fields and will facilitate the conclusion of a Free Trade Agreement with Vietnam . The conclusion of the PCA 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. Sectoral cooperation : the PCA strengthens the sectoral cooperation across a wide range of policy fields, such as: taxation, migration, health, environment, climate change, energy, education and culture, labour, employment and social affairs, science and technology, transport. Institutional framework : the draft Agreement also includes institutional provisions to put in place a joint committee composed of representatives of the two Parties with the aim of ensuring the correct application of the Agreement and resolving conflicts.
          • date: 2015-02-02T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=5432%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 05432/2015 summary: PURPOSE: to conclude the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, 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 accordance with Council Decision 2012/279/EU, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Vietnam, of the other part, was signed on 27 June 2012, subject to its conclusion. It is now necessary to approve the PCA on behalf of the European Union. The PCA with Vietnam will supersede the current legal framework of the 1995 Agreement between the European Community and Vietnam and the 1980 Cooperation Agreement between the European Economic Community and member countries of the Association of South-East Asian Nations (ASEAN), which was extended in 1999 to include Vietnam. CONTENT: under this proposal, the Council is called upon to approve, on behalf of the European Union, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, of the other part. General principles and political dialogue : the PCA with Vietnam constitutes an important step towards enhanced political and economic involvement of the EU in South-East Asia. Foreign policy : the draft PCA covers the EU’s standard political clauses on: human rights, International Criminal Court, weapons of mass destruction, small arms and light weapons and counter-terrorism. It also addresses legal cooperation, money laundering and terrorist financing, organised crime and corruption, and covers areas of particular interest to Vietnam such as cooperation on human rights and the rule of law, remnants of war and natural disaster prevention . Economic and trade cooperation : the draft PCA provides the basis for more effective engagement by the EU and its Member States with Vietnam in the development, trade and economic fields and will facilitate the conclusion of a Free Trade Agreement with Vietnam . The conclusion of the PCA 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. Sectoral cooperation : the PCA strengthens the sectoral cooperation across a wide range of policy fields, such as: taxation, migration, health, environment, climate change, energy, education and culture, labour, employment and social affairs, science and technology, transport. Institutional framework : the draft Agreement also includes institutional provisions to put in place a joint committee composed of representatives of the two Parties with the aim of ensuring the correct application of the Agreement and resolving conflicts.
          • date: 2015-03-09T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
          • date: 2015-11-16T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
          • date: 2015-11-23T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0339&language=EN title: A8-0339/2015 summary: The Committee on Foreign Affairs adopted the report by Barbara LOCHBIHLER (Greens/EFA, DE) on the draft Council decision on the conclusion, on behalf of the Union, of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part. The committee recommended the European Parliament to give its consent to conclusion of the agreement.
          • date: 2015-12-16T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20151216&type=CRE title: Debate in Parliament
          • date: 2015-12-17T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=26413&l=en title: Results of vote in Parliament
          • date: 2015-12-17T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0467 title: T8-0467/2015 summary: The European Parliament adopted by 523 votes to 56, with 48 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part. Parliament gave its consent to the conclusion of the agreement.
          • date: 2016-09-29T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
          • date: 2016-09-29T00:00:00 type: End of procedure in Parliament body: EP
          • date: 2016-12-03T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to conclude the framework agreement on comprehensive partnership and cooperation between the European Union and its Member States, of the one part, and Viet Nam, of the other part. NON-LEGISLATIVE ACT: Council Decision (EU) 2016/2117 on the conclusion, on behalf of the Union, of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part. CONTENT: with this Decision, the Council approved, on behalf of the European Union, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Vietnam, of the other part (PCA). The main objectives of the Agreement are as follows : Foreign policy : the PCA covers the EU’s standard political clauses on: human rights, International Criminal Court, weapons of mass destruction, small arms and light weapons, counter-terrorism, International Criminal Court. The Agreement also addresses legal cooperation, money laundering and terrorist financing, organised crime and corruption, and covers areas of particular interest to Vietnam such as cooperation on human rights and the rule of law, remnants of war and natural disaster prevention. Economic and trade cooperation : the Agreement provides the basis for more effective engagement by the EU and its Member States with Vietnam in the development, trade and economic fields and will facilitate the conclusion of a Free Trade Agreement with Vietnam. Sectoral cooperation : the PCA strengthens the sectoral cooperation across a wide range of policy fields, such as: taxation, migration, health, environment, climate change, energy, education and culture, labour, employment and social affairs, science and technology, transport. Institutional framework : lastly, the Agreement includes institutional provisions to put in place a joint committee composed of representatives of the two Parties with the aim of ensuring the correct application of the Agreement and resolving conflicts. ENTRY INTO FORCE: 29.9.2016. The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council. docs: title: Decision 2016/2117 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016D2117 title: OJ L 329 03.12.2016, p. 0006 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:329:TOC
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            • The European Parliament adopted by 523 votes to 56, with 48 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part.

              Parliament gave its consent to the conclusion of the agreement.

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            • The Committee on Foreign Affairs adopted the report by Barbara LOCHBIHLER (Greens/EFA, DE) on the draft Council decision on the conclusion, on behalf of the Union, of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part.

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

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            • PURPOSE: to conclude the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, 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 2007, the Council authorised the Commission to negotiate a Framework Agreement on Partnership and Cooperation (PCA) with Vietnam, based on the November 2004 authorisation for negotiations with Thailand, Indonesia, Singapore, the Philippines, Malaysia and Brunei. Negotiations with Vietnam were launched in Hanoi in November 2007. The PCA was signed in Brussels on 27 June 2012.

              The PCA with Vietnam will supersede the current legal framework of the 1995 Agreement between the European Community and Vietnam and the 1980 Cooperation Agreement between the European Economic Community and member countries of the Association of South-East Asian Nations (ASEAN), which was extended in 1999 to include Vietnam.

              It is now necessary to approve the PCA on behalf of the European Union.

              LEGAL BASIS: the Commission notes that Council Decision No 2012/272/EU on the signature of the PCA Philippines is the subject of Court Case C-377/12: the Commission asked the Court to annul this Decision insofar as the Council had added legal bases relating to transport (Articles 91 and 100 TFEU), readmission (Article 79(3) TFEU) and the environment (Article 191(4) TFEU).

              Council Decision No 2012/279/EU on the signature of the PCA Vietnam raises, mutatis mutandis, the same legal issues as Council Decision No 2012/272/EU on the signature of the PCA Philippines. Court Case C-377/12 is therefore of relevance to the proposal for a Council Decision on the conclusion of the PCA with Vietnam too.

              Subject to the Court ruling in Case-377/12, this proposal for a Council Decision on the conclusion of the PCA Vietnam is based on Articles 207, 209 and 218(6).

              The PCA draws the attention of the Council to the recital in the Agreement relating to the specific position of the UK, Ireland and Denmark based on Protocols 21 and 22 of the Treaties. The addition of this recital is due to the genesis of this text only. Depending on the outcome of case C-377/12, currently pending before the Court of Justice, this recital may have to be dropped or reworded at a later stage.

              The Commission takes the view that, as long as this case is pending, the procedure for conclusion of this Agreement cannot be finalised.

              CONTENT: under this proposal, the Council is called upon to approve, on behalf of the European Union, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, of the other part.

              General principles and political dialogue: the PCA with Vietnam constitutes an important step towards enhanced political and economic involvement of the EU in South-East Asia.

              Foreign policy: the draft PCA covers the EU’s standard political clauses on:

              • human rights,
              • International Criminal Court,
              • weapons of mass destruction,
              • small arms and light weapons and counter-terrorism.

              It also addresses legal cooperation, money laundering and terrorist financing, organised crime and corruption, and covers areas of particular interest to Vietnam such as cooperation on human rights and the rule of law, remnants of war and natural disaster prevention.

              Economic and trade cooperation: the draft PCA provides the basis for more effective engagement by the EU and its Member States with Vietnam in the development, trade and economic fields and will facilitate the conclusion of a Free Trade Agreement with Vietnam.

              The conclusion of the PCA 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.

              Sectoral cooperation: the PCA strengthens the sectoral cooperation across a wide range of policy fields, such as:

              • taxation,
              • migration,
              • health,
              • environment,
              • climate change,
              • energy,
              • education and culture,
              • labour,
              • employment and social affairs,
              • science and technology,
              • transport.

              Institutional framework: the draft Agreement also includes institutional provisions to put in place a joint committee composed of representatives of the two Parties with the aim of ensuring the correct application of the Agreement and resolving conflicts.

            activities/0/docs/0/text
            • PURPOSE: to conclude the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, 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 2007, the Council authorised the Commission to negotiate a Framework Agreement on Partnership and Cooperation (PCA) with Vietnam, based on the November 2004 authorisation for negotiations with Thailand, Indonesia, Singapore, the Philippines, Malaysia and Brunei. Negotiations with Vietnam were launched in Hanoi in November 2007. The PCA was signed in Brussels on 27 June 2012.

              The PCA with Vietnam will supersede the current legal framework of the 1995 Agreement between the European Community and Vietnam and the 1980 Cooperation Agreement between the European Economic Community and member countries of the Association of South-East Asian Nations (ASEAN), which was extended in 1999 to include Vietnam.

              It is now necessary to approve the PCA on behalf of the European Union.

              LEGAL BASIS: the Commission notes that Council Decision No 2012/272/EU on the signature of the PCA Philippines is the subject of Court Case C-377/12: the Commission asked the Court to annul this Decision insofar as the Council had added legal bases relating to transport (Articles 91 and 100 TFEU), readmission (Article 79(3) TFEU) and the environment (Article 191(4) TFEU).

              Council Decision No 2012/279/EU on the signature of the PCA Vietnam raises, mutatis mutandis, the same legal issues as Council Decision No 2012/272/EU on the signature of the PCA Philippines. Court Case C-377/12 is therefore of relevance to the proposal for a Council Decision on the conclusion of the PCA with Vietnam too.

              Subject to the Court ruling in Case-377/12, this proposal for a Council Decision on the conclusion of the PCA Vietnam is based on Articles 207, 209 and 218(6).

              The PCA draws the attention of the Council to the recital in the Agreement relating to the specific position of the UK, Ireland and Denmark based on Protocols 21 and 22 of the Treaties. The addition of this recital is due to the genesis of this text only. Depending on the outcome of case C-377/12, currently pending before the Court of Justice, this recital may have to be dropped or reworded at a later stage.

              The Commission takes the view that, as long as this case is pending, the procedure for conclusion of this Agreement cannot be finalised.

              CONTENT: under this proposal, the Council is called upon to approve, on behalf of the European Union, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, of the other part.

              General principles and political dialogue: the PCA with Vietnam constitutes an important step towards enhanced political and economic involvement of the EU in South-East Asia.

              Foreign policy: the draft PCA covers the EU’s standard political clauses on:

              • human rights,
              • International Criminal Court,
              • weapons of mass destruction,
              • small arms and light weapons and counter-terrorism.

              It also addresses legal cooperation, money laundering and terrorist financing, organised crime and corruption, and covers areas of particular interest to Vietnam such as cooperation on human rights and the rule of law, remnants of war and natural disaster prevention.

              Economic and trade cooperation: the draft PCA provides the basis for more effective engagement by the EU and its Member States with Vietnam in the development, trade and economic fields and will facilitate the conclusion of a Free Trade Agreement with Vietnam.

              The conclusion of the PCA 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.

              Sectoral cooperation: the PCA strengthens the sectoral cooperation across a wide range of policy fields, such as:

              • taxation,
              • migration,
              • health,
              • environment,
              • climate change,
              • energy,
              • education and culture,
              • labour,
              • employment and social affairs,
              • science and technology,
              • transport.

              Institutional framework: the draft Agreement also includes institutional provisions to put in place a joint committee composed of representatives of the two Parties with the aim of ensuring the correct application of the Agreement and resolving conflicts.

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            CELEX:52013PC0924:EN
            activities/0/docs/0/celexid
            CELEX:52013PC0924:EN
            activities/0/docs/0/text
            • PURPOSE: to conclude the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, 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 2007, the Council authorised the Commission to negotiate a Framework Agreement on Partnership and Cooperation (PCA) with Vietnam, based on the November 2004 authorisation for negotiations with Thailand, Indonesia, Singapore, the Philippines, Malaysia and Brunei. Negotiations with Vietnam were launched in Hanoi in November 2007. The PCA was signed in Brussels on 27 June 2012.

              The PCA with Vietnam will supersede the current legal framework of the 1995 Agreement between the European Community and Vietnam and the 1980 Cooperation Agreement between the European Economic Community and member countries of the Association of South-East Asian Nations (ASEAN), which was extended in 1999 to include Vietnam.

              It is now necessary to approve the PCA on behalf of the European Union.

              LEGAL BASIS: the Commission notes that Council Decision No 2012/272/EU on the signature of the PCA Philippines is the subject of Court Case C-377/12: the Commission asked the Court to annul this Decision insofar as the Council had added legal bases relating to transport (Articles 91 and 100 TFEU), readmission (Article 79(3) TFEU) and the environment (Article 191(4) TFEU).

              Council Decision No 2012/279/EU on the signature of the PCA Vietnam raises, mutatis mutandis, the same legal issues as Council Decision No 2012/272/EU on the signature of the PCA Philippines. Court Case C-377/12 is therefore of relevance to the proposal for a Council Decision on the conclusion of the PCA with Vietnam too.

              Subject to the Court ruling in Case-377/12, this proposal for a Council Decision on the conclusion of the PCA Vietnam is based on Articles 207, 209 and 218(6).

              The PCA draws the attention of the Council to the recital in the Agreement relating to the specific position of the UK, Ireland and Denmark based on Protocols 21 and 22 of the Treaties. The addition of this recital is due to the genesis of this text only. Depending on the outcome of case C-377/12, currently pending before the Court of Justice, this recital may have to be dropped or reworded at a later stage.

              The Commission takes the view that, as long as this case is pending, the procedure for conclusion of this Agreement cannot be finalised.

              CONTENT: under this proposal, the Council is called upon to approve, on behalf of the European Union, the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Viet Nam, of the other part.

              General principles and political dialogue: the PCA with Vietnam constitutes an important step towards enhanced political and economic involvement of the EU in South-East Asia.

              Foreign policy: the draft PCA covers the EU’s standard political clauses on:

              • human rights,
              • International Criminal Court,
              • weapons of mass destruction,
              • small arms and light weapons and counter-terrorism.

              It also addresses legal cooperation, money laundering and terrorist financing, organised crime and corruption, and covers areas of particular interest to Vietnam such as cooperation on human rights and the rule of law, remnants of war and natural disaster prevention.

              Economic and trade cooperation: the draft PCA provides the basis for more effective engagement by the EU and its Member States with Vietnam in the development, trade and economic fields and will facilitate the conclusion of a Free Trade Agreement with Vietnam.

              The conclusion of the PCA 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.

              Sectoral cooperation: the PCA strengthens the sectoral cooperation across a wide range of policy fields, such as:

              • taxation,
              • migration,
              • health,
              • environment,
              • climate change,
              • energy,
              • education and culture,
              • labour,
              • employment and social affairs,
              • science and technology,
              • transport.

              Institutional framework: the draft Agreement also includes institutional provisions to put in place a joint committee composed of representatives of the two Parties with the aim of ensuring the correct application of the Agreement and resolving conflicts.

            activities/0/type
            Old
            Legislative proposal
            New
            Legislative proposal published
            activities/0/docs/0/url
            http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0924
            activities
            • date: 2013-12-18T00:00:00 docs: title: COM(2013)0924 type: Legislative proposal published celexid: CELEX:52013PC0924:EN body: EC commission: type: Legislative proposal
            committees
            • body: EP responsible: True committee_full: Foreign Affairs committee: AFET
            • body: EP responsible: False committee_full: Budgets committee: BUDG
            • body: EP responsible: False committee_full: Development committee: DEVE
            • body: EP responsible: False committee_full: International Trade committee: INTA
            links
            European Commission
            other
              procedure
              geographical_area
              Vietnam
              reference
              2013/0440(NLE)
              title
              EU/Viet Nam Framework Agreement on Comprehensive Partnership and Cooperation
              legal_basis
              stage_reached
              Preparatory phase in Parliament
              subtype
              Consent by Parliament
              type
              NLE - Non-legislative enactments
              subject