BETA


2016/0366(NLE) EU/New Zealand Partnership Agreement on Relations and Cooperation

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead AFET TANNOCK Charles (icon: ECR ECR) UNGUREANU Traian (icon: PPE PPE), CRISTEA Andi (icon: S&D S&D), NICOLAI Norica (icon: ALDE ALDE), KOHLÍČEK Jaromír (icon: GUE/NGL GUE/NGL), SOLÉ Jordi (icon: Verts/ALE Verts/ALE)
Committee Opinion INTA
Lead committee dossier:
Legal Basis:
Treaty on European Union TEU 37, TFEU 207, TFEU 212, TFEU 218-p6a, TFEU 218-p8-a2

Events

2017/11/16
   EP - Results of vote in Parliament
2017/11/16
   EP - Debate in Parliament
2017/11/16
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 511 votes to 57, with 40 abstentions, a legislative resolution on the draft Council decision on the conclusion on behalf of the Union of the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part.

In line with the recommendation of its Committee on Foreign Affairs, Parliament gave its consent to conclusion of the agreement.

Parliament also adopted a non-legislative resolution on the draft decision.

Documents
2017/10/23
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Foreign Affairs adopted the report by Charles TANNOCK (ECR, UK) on the draft Council decision on the conclusion on behalf of the Union of the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part.

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

Documents
2017/10/10
   EP - Vote in committee, 1st reading/single reading
2017/04/27
   EP - Committee draft report
Documents
2017/03/10
   EP - Responsible Committee
2017/02/13
   EP - Committee referral announced in Parliament, 1st reading/single reading
2017/01/06
   EC - Legislative proposal published
Details

PURPOSE: to conclude, on behalf of the Union, the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, 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: the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part was signed on 5 October 2016, and some of its provisions are being applied on a provisional basis in accordance with the Agreement, pending its entry into force.

It is now necessary to approve the Agreement.

CONTENT: the draft Council Decision seeks the approval, on behalf of the Union, of the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part.

The objective of the Agreement is to strengthen the cooperation across a wide spectrum of policy fields , including:

human rights, non-proliferation of weapons of mass destruction, the fight against terrorism, cooperation on economic and trade matters, health, the environment, climate change, energy, education, culture, labour, disaster risk management, fisheries and maritime affairs, transport, legal cooperation and the combating of money laundering, terrorist financing, organised crime and corruption.

Documents
2016/11/28
   EC - Initial legislative proposal published
Details

PURPOSE: to conclude the Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has approved the latter.

BACKGROUND: on 25 June 2012, the Council adopted a decision authorising the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to negotiate a Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part. Negotiations began in July 2012 and the Agreement was signed on 5 October 2016. Pending its entry into force, certain parts of the Agreement, as mutually determined by the EU and New Zealand, are provisionally applied.

The Agreement will contribute significantly to the improvement of the partnership between the EU and New Zealand, a partnership which is based on common values and principles, including respect for democratic principles, human rights and fundamental freedoms, the rule of law, international peace and security. The Agreement is premised on respect for human rights and democratic principles, and for international law and the principles set out in the Charter of the United Nations, which constitute the basis for cooperation between the Parties.

Note on legal basis : the Agreement pursues objectives and has components in the areas of the common foreign and security policy, the common commercial policy and development cooperation. These aspects of the agreement are inseparably linked without one being incidental to the other.

Article 218(6)(a)(iii) of the Treaty on the Functioning of the European Union (TFEU) provides that, where an agreement establishes a specific institutional framework by organising cooperation procedures, the Council must adopt a decision concluding the agreement after obtaining the consent of the European Parliament . Moreover, the second subparagraph of Article 218(8) of the TFEU provides that the Council must act unanimously when the agreement covers a field for which unanimity is required for the adoption of a Union act. The common foreign and security policy is a field for which unanimity is required for the adoption of a Union act. Equally, the Agreement establishes an institutional framework by organising cooperation procedures between the EU and its Member States, of the one part, and New Zealand, of the other part.

Accordingly, the legal basis of the proposed decision should therefore be Article 37 of the Treaty of the European Union (TEU), Article 207 TFEU and Article 212(1) TFEU read in conjunction with Article 218(6)(a) TFEU and the second subparagraph of Article 218(8) TFEU. No additional provisions are required as legal basis

CONTENT : the Commission and of the High Representative of the Union for Foreign Affairs and Security Policy jointly propose that the Council adopt a decision approving the Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part, on behalf of the Union.

The text of the Agreement is attached to the Decision.

The purpose of the Agreement is ‘to establish a strengthened partnership between the Parties and to deepen and enhance cooperation on issues of mutual interest, reflecting shared values and common principles, including through intensifying high-level dialogue.’

The content of the Agreement covers three pillars:

- political cooperation on foreign policy and security issues of common interest, including weapons of mass destruction (WMD), small arms and light weapons (SALW), counter-terrorism, promoting international peace and security and cooperation in multilateral fora. The Agreement includes binding political clauses based on the shared values. These clauses are in line with the standard clauses found in similar agreements signed by the EU;

- cooperation on economic and trade matters, including economic policy dialogue, promoting trade and investment matters, and sectoral economic and trade issues, such as :

agriculture, technical barriers to trade, sanitary and phytosanitary issues, government procurement and intellectual property.

- sectoral cooperation , including in the areas of:

research and innovation, education and culture, migration, counterterrorism, the fight against organised crime and cybercrime and judicial cooperation.

- Institutional framework : the Agreement establishes a Joint Committee, the objective of which is to monitor the development of the bilateral relationship between the Parties.

Suspension mechanism : the Agreement includes a suspension mechanism. In cases of particularly serious and substantial violation of the essential elements of the Agreement, the Agreement may be suspended or terminated, and other appropriate measures affecting other agreements may be taken in accordance with the rights and obligations of the Parties under such agreements. Once in force, the Agreement will create a coherent, legally binding overall framework for the EU’s relations with New Zealand.

Documents
2016/07/05
   CSL - Document attached to the procedure
Documents

Documents

Activities

Votes

A8-0327/2017 - Charles Tannock - Approbation 16/11/2017 12:18:32.000

2017/11/16 Outcome: +: 511, -: 57, 0: 40
DE IT PL GB RO ES HU BG BE CZ SE AT PT FR HR DK FI SK LT NL SI LV EE LU CY MT IE EL
Total
72
61
49
57
25
34
17
16
18
18
15
14
18
62
11
12
10
10
9
21
8
7
6
5
6
4
8
14
icon: PPE PPE
177

Belgium PPE

4

Denmark PPE

For (1)

1

Finland PPE

2

Lithuania PPE

1

Estonia PPE

For (1)

1

Luxembourg PPE

3

Cyprus PPE

1

Malta PPE

2
icon: S&D S&D
156

Belgium S&D

3

Croatia S&D

2

Denmark S&D

2
3

Netherlands S&D

For (1)

1

Slovenia S&D

For (1)

1

Latvia S&D

1

Estonia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Cyprus S&D

2

Malta S&D

2

Greece S&D

1
icon: ECR ECR
60

Romania ECR

For (1)

1

Bulgaria ECR

2

Czechia ECR

2

Croatia ECR

For (1)

1

Finland ECR

For (1)

1

Lithuania ECR

1

Netherlands ECR

For (1)

1

Cyprus ECR

1

Greece ECR

Against (1)

1
icon: ALDE ALDE
57

United Kingdom ALDE

1

Romania ALDE

2

Austria ALDE

For (1)

1

Portugal ALDE

1

Croatia ALDE

2
3

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

3

Luxembourg ALDE

For (1)

1

Ireland ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
36

Spain Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Belgium Verts/ALE

For (1)

1

Sweden Verts/ALE

3

Austria Verts/ALE

2

France Verts/ALE

For (1)

Against (1)

2

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Netherlands Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1
icon: EFDD EFDD
33

Poland EFDD

1

Czechia EFDD

Against (1)

1

Sweden EFDD

2

France EFDD

3

Lithuania EFDD

For (1)

1
icon: NI NI
17

Germany NI

2

United Kingdom NI

Against (1)

3

France NI

Against (1)

2
icon: GUE/NGL GUE/NGL
39

Italy GUE/NGL

2

Czechia GUE/NGL

2

Sweden GUE/NGL

Abstain (1)

1

Portugal GUE/NGL

3

Denmark GUE/NGL

Abstain (1)

1

Finland GUE/NGL

For (1)

1

Netherlands GUE/NGL

Against (1)

3

Cyprus GUE/NGL

2

Ireland GUE/NGL

Against (2)

Abstain (1)

3
4
icon: ENF ENF
32

Germany ENF

Abstain (1)

1

Poland ENF

For (1)

1

United Kingdom ENF

Against (1)

1

Belgium ENF

Abstain (1)

1

Austria ENF

For (1)

Abstain (1)

2

Netherlands ENF

4

History

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

activities
  • date
    2016-11-28T00:00:00
    docs
    • url
      https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=JOIN:2016:0054:FIN:EN:PDF
      text
      • PURPOSE: to conclude the Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part.

        PROPOSED ACT: Council Decision.

        ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has approved the latter.

        BACKGROUND: on 25 June 2012, the Council adopted a decision authorising the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to negotiate a Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part. Negotiations began in July 2012 and the Agreement was signed on 5 October 2016. Pending its entry into force, certain parts of the Agreement, as mutually determined by the EU and New Zealand, are provisionally applied.

        The Agreement will contribute significantly to the improvement of the partnership between the EU and New Zealand, a partnership which is based on common values and principles, including respect for democratic principles, human rights and fundamental freedoms, the rule of law, international peace and security. The Agreement is premised on respect for human rights and democratic principles, and for international law and the principles set out in the Charter of the United Nations, which constitute the basis for cooperation between the Parties.

        Note on legal basis: the Agreement pursues objectives and has components in the areas of the common foreign and security policy, the common commercial policy and development cooperation. These aspects of the agreement are inseparably linked without one being incidental to the other.

        Article 218(6)(a)(iii) of the Treaty on the Functioning of the European Union (TFEU) provides that, where an agreement establishes a specific institutional framework by organising cooperation procedures, the Council must adopt a decision concluding the agreement after obtaining the consent of the European Parliament. Moreover, the second subparagraph of Article 218(8) of the TFEU provides that the Council must act unanimously when the agreement covers a field for which unanimity is required for the adoption of a Union act. The common foreign and security policy is a field for which unanimity is required for the adoption of a Union act. Equally, the Agreement establishes an institutional framework by organising cooperation procedures between the EU and its Member States, of the one part, and New Zealand, of the other part.

        Accordingly, the legal basis of the proposed decision should therefore be Article 37 of the Treaty of the European Union (TEU), Article 207 TFEU and Article 212(1) TFEU read in conjunction with Article 218(6)(a) TFEU and the second subparagraph of Article 218(8) TFEU. No additional provisions are required as legal basis

        CONTENT : the Commission and of the High Representative of the Union for Foreign Affairs and Security Policy jointly propose that the Council adopt a decision approving the Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part, on behalf of the Union.

        The text of the Agreement is attached to the Decision.

        The purpose of the Agreement is ‘to establish a strengthened partnership between the Parties and to deepen and enhance cooperation on issues of mutual interest, reflecting shared values and common principles, including through intensifying high-level dialogue.’

        The content of the Agreement covers three pillars:

        - political cooperation on foreign policy and security issues of common interest, including weapons of mass destruction (WMD), small arms and light weapons (SALW), counter-terrorism, promoting international peace and security and cooperation in multilateral fora. The Agreement includes binding political clauses based on the shared values. These clauses are in line with the standard clauses found in similar agreements signed by the EU;

        - cooperation on economic and trade matters, including economic policy dialogue, promoting trade and investment matters, and sectoral economic and trade issues, such as :

        • agriculture,
        • technical barriers to trade,
        • sanitary and phytosanitary issues,
        • government procurement and intellectual property.

        - sectoral cooperation, including in the areas of:

        • research and innovation,
        • education and culture,
        • migration,
        • counterterrorism,
        • the fight against organised crime and cybercrime and
        • judicial cooperation.

        - Institutional framework: the Agreement establishes a Joint Committee, the objective of which is to monitor the development of the bilateral relationship between the Parties.

        Suspension mechanism: the Agreement includes a suspension mechanism. In cases of particularly serious and substantial violation of the essential elements of the Agreement, the Agreement may be suspended or terminated, and other appropriate measures affecting other agreements may be taken in accordance with the rights and obligations of the Parties under such agreements. Once in force, the Agreement will create a coherent, legally binding overall framework for the EU’s relations with New Zealand.

      type
      Initial legislative proposal published
      title
      JOIN(2016)0054
    body
    EC
    commission
      type
      Initial legislative proposal published
    • date
      2017-01-06T00:00:00
      docs
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        text
        • PURPOSE: to conclude, on behalf of the Union, the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, 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: the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part was signed on 5 October 2016, and some of its provisions are being applied on a provisional basis in accordance with the Agreement, pending its entry into force.

          It is now necessary to approve the Agreement.

          CONTENT: the draft Council Decision seeks the approval, on behalf of the Union, of the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part.

          The objective of the Agreement is to strengthen the cooperation across a wide spectrum of policy fields, including:

          • human rights,
          • non-proliferation of weapons of mass destruction,
          • the fight against terrorism,
          • cooperation on economic and trade matters,
          • health,
          • the environment,
          • climate change,
          • energy,
          • education,
          • culture,
          • labour,
          • disaster risk management,
          • fisheries and maritime affairs,
          • transport,
          • legal cooperation and the combating of money laundering, terrorist financing, organised crime and corruption.
        type
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          text
          • The Committee on Foreign Affairs adopted the report by Charles TANNOCK (ECR, UK) on the draft Council decision on the conclusion on behalf of the Union of the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part.

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

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        • The European Parliament adopted by 511 votes to 57, with 40 abstentions, a legislative resolution on the draft Council decision on the conclusion on behalf of the Union of the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part.

          In line with the recommendation of its Committee on Foreign Affairs, Parliament gave its consent to conclusion of the agreement.

          Parliament also adopted a non-legislative resolution on the draft decision.

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        • The Committee on Foreign Affairs adopted the report by Charles TANNOCK (ECR, UK) on the draft Council decision on the conclusion on behalf of the Union of the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part.

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

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        • PURPOSE: to conclude the Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part.

          PROPOSED ACT: Council Decision.

          ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has approved the latter.

          BACKGROUND: on 25 June 2012, the Council adopted a decision authorising the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to negotiate a Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part. Negotiations began in July 2012 and the Agreement was signed on 5 October 2016. Pending its entry into force, certain parts of the Agreement, as mutually determined by the EU and New Zealand, are provisionally applied.

          The Agreement will contribute significantly to the improvement of the partnership between the EU and New Zealand, a partnership which is based on common values and principles, including respect for democratic principles, human rights and fundamental freedoms, the rule of law, international peace and security. The Agreement is premised on respect for human rights and democratic principles, and for international law and the principles set out in the Charter of the United Nations, which constitute the basis for cooperation between the Parties.

          Note on legal basis: the Agreement pursues objectives and has components in the areas of the common foreign and security policy, the common commercial policy and development cooperation. These aspects of the agreement are inseparably linked without one being incidental to the other.

          Article 218(6)(a)(iii) of the Treaty on the Functioning of the European Union (TFEU) provides that, where an agreement establishes a specific institutional framework by organising cooperation procedures, the Council must adopt a decision concluding the agreement after obtaining the consent of the European Parliament. Moreover, the second subparagraph of Article 218(8) of the TFEU provides that the Council must act unanimously when the agreement covers a field for which unanimity is required for the adoption of a Union act. The common foreign and security policy is a field for which unanimity is required for the adoption of a Union act. Equally, the Agreement establishes an institutional framework by organising cooperation procedures between the EU and its Member States, of the one part, and New Zealand, of the other part.

          Accordingly, the legal basis of the proposed decision should therefore be Article 37 of the Treaty of the European Union (TEU), Article 207 TFEU and Article 212(1) TFEU read in conjunction with Article 218(6)(a) TFEU and the second subparagraph of Article 218(8) TFEU. No additional provisions are required as legal basis

          CONTENT : the Commission and of the High Representative of the Union for Foreign Affairs and Security Policy jointly propose that the Council adopt a decision approving the Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part, on behalf of the Union.

          The text of the Agreement is attached to the Decision.

          The purpose of the Agreement is ‘to establish a strengthened partnership between the Parties and to deepen and enhance cooperation on issues of mutual interest, reflecting shared values and common principles, including through intensifying high-level dialogue.’

          The content of the Agreement covers three pillars:

          - political cooperation on foreign policy and security issues of common interest, including weapons of mass destruction (WMD), small arms and light weapons (SALW), counter-terrorism, promoting international peace and security and cooperation in multilateral fora. The Agreement includes binding political clauses based on the shared values. These clauses are in line with the standard clauses found in similar agreements signed by the EU;

          - cooperation on economic and trade matters, including economic policy dialogue, promoting trade and investment matters, and sectoral economic and trade issues, such as :

          • agriculture,
          • technical barriers to trade,
          • sanitary and phytosanitary issues,
          • government procurement and intellectual property.

          - sectoral cooperation, including in the areas of:

          • research and innovation,
          • education and culture,
          • migration,
          • counterterrorism,
          • the fight against organised crime and cybercrime and
          • judicial cooperation.

          - Institutional framework: the Agreement establishes a Joint Committee, the objective of which is to monitor the development of the bilateral relationship between the Parties.

          Suspension mechanism: the Agreement includes a suspension mechanism. In cases of particularly serious and substantial violation of the essential elements of the Agreement, the Agreement may be suspended or terminated, and other appropriate measures affecting other agreements may be taken in accordance with the rights and obligations of the Parties under such agreements. Once in force, the Agreement will create a coherent, legally binding overall framework for the EU’s relations with New Zealand.

        activities/1/docs/0/text
        • PURPOSE: to conclude, on behalf of the Union, the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, 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: the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part was signed on 5 October 2016, and some of its provisions are being applied on a provisional basis in accordance with the Agreement, pending its entry into force.

          It is now necessary to approve the Agreement.

          CONTENT: the draft Council Decision seeks the approval, on behalf of the Union, of the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part.

          The objective of the Agreement is to strengthen the cooperation across a wide spectrum of policy fields, including:

          • human rights,
          • non-proliferation of weapons of mass destruction,
          • the fight against terrorism,
          • cooperation on economic and trade matters,
          • health,
          • the environment,
          • climate change,
          • energy,
          • education,
          • culture,
          • labour,
          • disaster risk management,
          • fisheries and maritime affairs,
          • transport,
          • legal cooperation and the combating of money laundering, terrorist financing, organised crime and corruption.
        activities/2
        date
        2017-02-13T00:00:00
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        New
        Awaiting committee decision
        activities/0/docs/0/text
        • PURPOSE: to conclude the Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part.

          PROPOSED ACT: Council Decision.

          ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has approved the latter.

          BACKGROUND: on 25 June 2012, the Council adopted a decision authorising the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to negotiate a Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part. Negotiations began in July 2012 and the Agreement was signed on 5 October 2016. Pending its entry into force, certain parts of the Agreement, as mutually determined by the EU and New Zealand, are provisionally applied.

          The Agreement will contribute significantly to the improvement of the partnership between the EU and New Zealand, a partnership which is based on common values and principles, including respect for democratic principles, human rights and fundamental freedoms, the rule of law, international peace and security. The Agreement is premised on respect for human rights and democratic principles, and for international law and the principles set out in the Charter of the United Nations, which constitute the basis for cooperation between the Parties.

          Note on legal basis: the Agreement pursues objectives and has components in the areas of the common foreign and security policy, the common commercial policy and development cooperation. These aspects of the agreement are inseparably linked without one being incidental to the other.

          Article 218(6)(a)(iii) of the Treaty on the Functioning of the European Union (TFEU) provides that, where an agreement establishes a specific institutional framework by organising cooperation procedures, the Council must adopt a decision concluding the agreement after obtaining the consent of the European Parliament. Moreover, the second subparagraph of Article 218(8) of the TFEU provides that the Council must act unanimously when the agreement covers a field for which unanimity is required for the adoption of a Union act. The common foreign and security policy is a field for which unanimity is required for the adoption of a Union act. Equally, the Agreement establishes an institutional framework by organising cooperation procedures between the EU and its Member States, of the one part, and New Zealand, of the other part.

          Accordingly, the legal basis of the proposed decision should therefore be Article 37 of the Treaty of the European Union (TEU), Article 207 TFEU and Article 212(1) TFEU read in conjunction with Article 218(6)(a) TFEU and the second subparagraph of Article 218(8) TFEU. No additional provisions are required as legal basis

          CONTENT : the Commission and of the High Representative of the Union for Foreign Affairs and Security Policy jointly propose that the Council adopt a decision approving the Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part, on behalf of the Union.

          The text of the Agreement is attached to the Decision.

          The purpose of the Agreement is ‘to establish a strengthened partnership between the Parties and to deepen and enhance cooperation on issues of mutual interest, reflecting shared values and common principles, including through intensifying high-level dialogue.’

          The content of the Agreement covers three pillars:

          -political cooperation on foreign policy and security issues of common interest, including weapons of mass destruction (WMD), small arms and light weapons (SALW), counter-terrorism, promoting international peace and security and cooperation in multilateral fora. The Agreement includes binding political clauses based on the shared values. These clauses are in line with the standard clauses found in similar agreements signed by the EU;

          -cooperation on economic and trade matters, including economic policy dialogue, promoting trade and investment matters, and sectoral economic and trade issues, such as :

          • agriculture,
          • technical barriers to trade,
          • sanitary and phytosanitary issues,
          • government procurement and intellectual property.

          -sectoral cooperation, including in the areas of:

          • research and innovation,
          • education and culture,
          • migration,
          • counterterrorism,
          • the fight against organised crime and cybercrime and
          • judicial cooperation.

          -Institutional framework: the Agreement establishes a Joint Committee, the objective of which is to monitor the development of the bilateral relationship between the Parties.

          Suspension mechanism: the Agreement includes a suspension mechanism. In cases of particularly serious and substantial violation of the essential elements of the Agreement, the Agreement may be suspended or terminated, and other appropriate measures affecting other agreements may be taken in accordance with the rights and obligations of the Parties under such agreements. Once in force, the Agreement will create a coherent, legally binding overall framework for the EU’s relations with New Zealand.

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          • PURPOSE: to conclude the Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part.

            PROPOSED ACT: Council Decision.

            ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has approved the latter.

            BACKGROUND: on 25 June 2012, the Council adopted a decision authorising the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to negotiate a Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part. Negotiations began in July 2012 and the Agreement was signed on 5 October 2016. Pending its entry into force, certain parts of the Agreement, as mutually determined by the EU and New Zealand, are provisionally applied.

            The Agreement will contribute significantly to the improvement of the partnership between the EU and New Zealand, a partnership which is based on common values and principles, including respect for democratic principles, human rights and fundamental freedoms, the rule of law, international peace and security. The Agreement is premised on respect for human rights and democratic principles, and for international law and the principles set out in the Charter of the United Nations, which constitute the basis for cooperation between the Parties.

            Note on legal basis: the Agreement pursues objectives and has components in the areas of the common foreign and security policy, the common commercial policy and development cooperation. These aspects of the agreement are inseparably linked without one being incidental to the other.

            Article 218(6)(a)(iii) of the Treaty on the Functioning of the European Union (TFEU) provides that, where an agreement establishes a specific institutional framework by organising cooperation procedures, the Council must adopt a decision concluding the agreement after obtaining the consent of the European Parliament. Moreover, the second subparagraph of Article 218(8) of the TFEU provides that the Council must act unanimously when the agreement covers a field for which unanimity is required for the adoption of a Union act. The common foreign and security policy is a field for which unanimity is required for the adoption of a Union act. Equally, the Agreement establishes an institutional framework by organising cooperation procedures between the EU and its Member States, of the one part, and New Zealand, of the other part.

            Accordingly, the legal basis of the proposed decision should therefore be Article 37 of the Treaty of the European Union (TEU), Article 207 TFEU and Article 212(1) TFEU read in conjunction with Article 218(6)(a) TFEU and the second subparagraph of Article 218(8) TFEU. No additional provisions are required as legal basis

            CONTENT : the Commission and of the High Representative of the Union for Foreign Affairs and Security Policy jointly propose that the Council adopt a decision approving the Framework Agreement between the European Union and its Member States, of the one part, and New Zealand, of the other part, on behalf of the Union.

            The text of the Agreement is attached to the Decision.

            The purpose of the Agreement is ‘to establish a strengthened partnership between the Parties and to deepen and enhance cooperation on issues of mutual interest, reflecting shared values and common principles, including through intensifying high-level dialogue.’

            The content of the Agreement covers three pillars:

            -political cooperation on foreign policy and security issues of common interest, including weapons of mass destruction (WMD), small arms and light weapons (SALW), counter-terrorism, promoting international peace and security and cooperation in multilateral fora. The Agreement includes binding political clauses based on the shared values. These clauses are in line with the standard clauses found in similar agreements signed by the EU;

            -cooperation on economic and trade matters, including economic policy dialogue, promoting trade and investment matters, and sectoral economic and trade issues, such as :

            • agriculture,
            • technical barriers to trade,
            • sanitary and phytosanitary issues,
            • government procurement and intellectual property.

            -sectoral cooperation, including in the areas of:

            • research and innovation,
            • education and culture,
            • migration,
            • counterterrorism,
            • the fight against organised crime and cybercrime and
            • judicial cooperation.

            -Institutional framework: the Agreement establishes a Joint Committee, the objective of which is to monitor the development of the bilateral relationship between the Parties.

            Suspension mechanism: the Agreement includes a suspension mechanism. In cases of particularly serious and substantial violation of the essential elements of the Agreement, the Agreement may be suspended or terminated, and other appropriate measures affecting other agreements may be taken in accordance with the rights and obligations of the Parties under such agreements. Once in force, the Agreement will create a coherent, legally binding overall framework for the EU’s relations with New Zealand.

          activities
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