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 EUs relations with New Zealand.