BETA


2016/0367(NLE) EU/Australia Framework Agreement

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead AFET MILLÁN MON Francisco José (icon: PPE PPE) ASSIS Francisco (icon: S&D S&D), TANNOCK Charles (icon: ECR ECR), VAJGL Ivo (icon: ALDE ALDE), KOHLÍČEK Jaromír (icon: GUE/NGL GUE/NGL), SOLÉ Jordi (icon: Verts/ALE Verts/ALE), CASTALDO Fabio Massimo (icon: EFDD EFDD)
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

2018/04/18
   EP - Results of vote in Parliament
2018/04/18
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 482 votes to 59, with 33 abstentions, a legislative resolution on the draft Council decision on the conclusion on behalf of the Union of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part.

Parliament gave its consent to the conclusion of the agreement.

Documents
2018/04/17
   EP - Debate in Parliament
2018/03/26
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Foreign Affairs adopted the report by Francisco José MILLÁN MON (EPP, ES) on the draft Council decision on the conclusion on behalf of the Union of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part.

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

The purpose of the Agreement is to: (i) establish a strengthened Partnership between the Parties; (ii) provide a framework to facilitate and promote cooperation across a broad range of areas of mutual interest; (iii) enhance cooperation to develop solutions to regional and global challenges.

The content of the Agreement covers three pillars :

political cooperation on foreign policy and security issues of common interest, cooperation on economic and trade matters, including economic policy dialogue, promoting trade and investment matters, and sectoral economic and trade issues, sectoral cooperation, including in the areas of environment, climate change, migration and asylum, research and innovation.

Documents
2018/03/20
   EP - Vote in committee, 1st reading/single reading
2018/01/29
   EP - Committee draft report
Documents
2017/10/05
   EP - Committee referral announced in Parliament, 1st reading/single reading
2017/10/05
   EP - Responsible Committee
2017/01/06
   EC - Legislative proposal published
Details

PURPOSE: to approve the conclusion, on behalf of the Union, of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, 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 Framework Agreement between the European Union and its Member States and Australia was signed and some of its provisions are being applied on a provisional basis pending its entry into force.

The Agreement must now be approved.

CONTENT: the draft Council Decision seeks the approval, on behalf of the Union, of the Framework Agreement between the European Union and its Member States, of the one part, and Australia , of the other part.

The Agreement seeks to strengthen cooperation in a wide range of areas, 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 management, fisheries and maritime affairs, transport, legal cooperation and the combating of money laundering, terrorist financing, organised crime and corruption.

For further details on the content of the Agreement, please refer to the summary of the Commission’s initial legislative proposal dated 28.11.2016.

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 Australia, 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 10 October 2011, the Council adopted a decision authorising the European 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 Australia, of the other part. Negotiations began in December 2011 and were successfully concluded with the initialling of the Agreement on 5 March 2015. Pending its entry into force, certain parts of the Agreement, as mutually determined by the EU and Australia, are provisionally applied.

The Agreement will contribute significantly to the improvement of the partnership between the EU and Australia, 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 common foreign and security policy, 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 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 Australia, of the other part.

In light of the above, 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.

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 Australia, 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; to provide a framework to facilitate and promote cooperation across a broad range of areas of mutual interest; and to enhance cooperation to develop solutions to regional and global challenges’.

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:

environment, climate change, migration and asylum, tourism, research and innovation, education and culture, consular protection, protection of personal data, 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 Australia.

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

Documents

Votes

A8-0110/2018 - Francisco José Millán Mon - approbation 18/04/2018 12:04:06.000

2018/04/18 Outcome: +: 482, -: 59, 0: 33
DE IT PL ES GB RO FR SE BG CZ BE AT HU SK HR PT NL FI DK LT SI CY LU MT LV IE EE ?? EL
Total
67
50
39
38
60
25
59
19
15
16
16
17
15
11
10
17
21
10
11
8
7
6
4
4
3
10
3
1
12
icon: PPE PPE
171

United Kingdom PPE

2

Belgium PPE

3

Finland PPE

2

Denmark PPE

For (1)

1

Lithuania PPE

1

Cyprus PPE

1

Luxembourg PPE

3

Malta PPE

2

Latvia PPE

2

Estonia PPE

For (1)

1

Greece PPE

2
icon: S&D S&D
147

Czechia S&D

3

Croatia S&D

2

Netherlands S&D

2

Finland S&D

1

Denmark S&D

2

Slovenia S&D

For (1)

1

Cyprus S&D

2

Luxembourg S&D

For (1)

1

Malta S&D

2

Ireland S&D

For (1)

1

Greece S&D

2
icon: ALDE ALDE
49

Germany ALDE

2

United Kingdom ALDE

1

Romania ALDE

2

Austria ALDE

For (1)

1

Croatia ALDE

2

Portugal ALDE

1
3

Denmark ALDE

2
2

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Ireland ALDE

For (1)

1

Estonia ALDE

For (1)

1
icon: ECR ECR
56

Italy ECR

2

Romania ECR

2

Bulgaria ECR

2

Czechia ECR

2

Belgium ECR

2

Slovakia ECR

For (1)

1

Croatia ECR

For (1)

1

Netherlands ECR

2
2

Lithuania ECR

Abstain (1)

1

Cyprus ECR

1

Greece ECR

Against (1)

1
icon: Verts/ALE Verts/ALE
39

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

4

France Verts/ALE

2

Belgium Verts/ALE

For (1)

1

Austria Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Netherlands Verts/ALE

1

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: EFDD EFDD
33

Germany EFDD

Abstain (1)

1

Poland EFDD

1

France EFDD

1

Sweden EFDD

2

Czechia EFDD

Against (1)

1

Lithuania EFDD

For (1)

1
icon: NI NI
15

Poland NI

1

United Kingdom NI

Against (2)

2

France NI

Against (1)

2

Hungary NI

Abstain (1)

3

Denmark NI

1

NI

For (1)

1
icon: GUE/NGL GUE/NGL
32

Germany GUE/NGL

2

Italy GUE/NGL

Abstain (1)

1

United Kingdom GUE/NGL

Against (1)

1

France GUE/NGL

Abstain (1)

3

Sweden GUE/NGL

Abstain (1)

1

Czechia GUE/NGL

1

Portugal GUE/NGL

Abstain (1)

4

Netherlands GUE/NGL

3

Finland GUE/NGL

Abstain (1)

1

Denmark GUE/NGL

Against (1)

1

Cyprus GUE/NGL

2

Ireland GUE/NGL

Abstain (1)

4

Greece GUE/NGL

2
icon: ENF ENF
32

Germany ENF

Abstain (1)

1

Poland ENF

Abstain (1)

1

United Kingdom ENF

Against (1)

1

Belgium ENF

Against (1)

1

Austria ENF

3

Netherlands ENF

3

History

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

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      text
      • PURPOSE: to conclude the Framework Agreement between the European Union and its Member States, of the one part, and Australia, 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 10 October 2011, the Council adopted a decision authorising the European 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 Australia, of the other part. Negotiations began in December 2011 and were successfully concluded with the initialling of the Agreement on 5 March 2015. Pending its entry into force, certain parts of the Agreement, as mutually determined by the EU and Australia, are provisionally applied.

        The Agreement will contribute significantly to the improvement of the partnership between the EU and Australia, 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 common foreign and security policy, 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 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 Australia, of the other part.

        In light of the above, 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.

        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 Australia, 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; to provide a framework to facilitate and promote cooperation across a broad range of areas of mutual interest; and to enhance cooperation to develop solutions to regional and global challenges’.

        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:

        • environment,
        • climate change,
        • migration and asylum,
        • tourism,
        • research and innovation,
        • education and culture,
        • consular protection,
        • protection of personal data,
        • 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 Australia.

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        text
        • PURPOSE: to approve the conclusion, on behalf of the Union, of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, 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 Framework Agreement between the European Union and its Member States and Australia was signed and some of its provisions are being applied on a provisional basis pending its entry into force.

          The Agreement must now be approved.

          CONTENT: the draft Council Decision seeks the approval, on behalf of the Union, of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part.

          The Agreement seeks to strengthen cooperation in a wide range of areas, 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 management,
          • fisheries and maritime affairs,
          • transport,
          • legal cooperation and the combating of money laundering,
          • terrorist financing,
          • organised crime and corruption.

          For further details on the content of the Agreement, please refer to the summary of the Commission’s initial legislative proposal dated 28.11.2016.

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          • The Committee on Foreign Affairs adopted the report by Francisco José MILLÁN MON (EPP, ES) on the draft Council decision on the conclusion on behalf of the Union of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part.

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

            The purpose of the Agreement is to: (i) establish a strengthened Partnership between the Parties; (ii) provide a framework to facilitate and promote cooperation across a broad range of areas of mutual interest; (iii) enhance cooperation to develop solutions to regional and global challenges.

            The content of the Agreement covers three pillars:

            • political cooperation on foreign policy and security issues of common interest,
            • cooperation on economic and trade matters, including economic policy dialogue, promoting trade and investment matters, and sectoral economic and trade issues,
            • sectoral cooperation, including in the areas of environment, climate change, migration and asylum, research and innovation.
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          text
          • The Committee on Foreign Affairs adopted the report by Francisco José MILLÁN MON (EPP, ES) on the draft Council decision on the conclusion on behalf of the Union of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part.

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

            The purpose of the Agreement is to: (i) establish a strengthened Partnership between the Parties; (ii) provide a framework to facilitate and promote cooperation across a broad range of areas of mutual interest; (iii) enhance cooperation to develop solutions to regional and global challenges.

            The content of the Agreement covers three pillars:

            • political cooperation on foreign policy and security issues of common interest,
            • cooperation on economic and trade matters, including economic policy dialogue, promoting trade and investment matters, and sectoral economic and trade issues,
            • sectoral cooperation, including in the areas of environment, climate change, migration and asylum, research and innovation.
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        • PURPOSE: to approve the conclusion, on behalf of the Union, of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, 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 Framework Agreement between the European Union and its Member States and Australia was signed and some of its provisions are being applied on a provisional basis pending its entry into force.

          The Agreement must now be approved.

          CONTENT: the draft Council Decision seeks the approval, on behalf of the Union, of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part.

          The Agreement seeks to strengthen cooperation in a wide range of areas, 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 management,
          • fisheries and maritime affairs,
          • transport,
          • legal cooperation and the combating of money laundering,
          • terrorist financing,
          • organised crime and corruption.

          For further details on the content of the Agreement, please refer to the summary of the Commission’s initial legislative proposal dated 28.11.2016.

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        2018-04-17T00:00:00
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        • PURPOSE: to conclude the Framework Agreement between the European Union and its Member States, of the one part, and Australia, 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 10 October 2011, the Council adopted a decision authorising the European 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 Australia, of the other part. Negotiations began in December 2011 and were successfully concluded with the initialling of the Agreement on 5 March 2015. Pending its entry into force, certain parts of the Agreement, as mutually determined by the EU and Australia, are provisionally applied.

          The Agreement will contribute significantly to the improvement of the partnership between the EU and Australia, 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 common foreign and security policy, 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 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 Australia, of the other part.

          In light of the above, 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.

          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 Australia, 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; to provide a framework to facilitate and promote cooperation across a broad range of areas of mutual interest; and to enhance cooperation to develop solutions to regional and global challenges’.

          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:

          • environment,
          • climate change,
          • migration and asylum,
          • tourism,
          • research and innovation,
          • education and culture,
          • consular protection,
          • protection of personal data,
          • 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 Australia.

        activities/0/docs/0/text
        • PURPOSE: to conclude the Framework Agreement between the European Union and its Member States, of the one part, and Australia, 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 10 October 2011, the Council adopted a decision authorising the European 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 Australia, of the other part. Negotiations began in December 2011 and were successfully concluded with the initialling of the Agreement on 5 March 2015. Pending its entry into force, certain parts of the Agreement, as mutually determined by the EU and Australia, are provisionally applied.

          The Agreement will contribute significantly to the improvement of the partnership between the EU and Australia, 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 common foreign and security policy, 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 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 Australia, of the other part.

          In light of the above, 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.

          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 Australia, 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; to provide a framework to facilitate and promote cooperation across a broad range of areas of mutual interest; and to enhance cooperation to develop solutions to regional and global challenges’.

          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:

          • environment,
          • climate change,
          • migration and asylum,
          • tourism,
          • research and innovation,
          • education and culture,
          • consular protection,
          • protection of personal data,
          • 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 Australia.

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          activities/0/docs/0/text
          • PURPOSE: to conclude the Framework Agreement between the European Union and its Member States, of the one part, and Australia, 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 10 October 2011, the Council adopted a decision authorising the European 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 Australia, of the other part. Negotiations began in December 2011 and were successfully concluded with the initialling of the Agreement on 5 March 2015. Pending its entry into force, certain parts of the Agreement, as mutually determined by the EU and Australia, are provisionally applied.

            The Agreement will contribute significantly to the improvement of the partnership between the EU and Australia, 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 common foreign and security policy, 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 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 Australia, of the other part.

            In light of the above, 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.

            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 Australia, 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; to provide a framework to facilitate and promote cooperation across a broad range of areas of mutual interest; and to enhance cooperation to develop solutions to regional and global challenges’.

            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:

            • environment,
            • climate change,
            • migration and asylum,
            • tourism,
            • research and innovation,
            • education and culture,
            • consular protection,
            • protection of personal data,
            • 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 Australia.

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