Tag Archives: Cooperation agreement

Agreement with Bangladesh on partnership and development

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Agreement with Bangladesh on partnership and development

Outline of the Community (European Union) legislation about Agreement with Bangladesh on partnership and development

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External relations > Relations with third countries > Asia

Agreement with Bangladesh on partnership and development

Document or Iniciative

Council Decision 2001/332/EC of 26 February 2001 concerning the conclusion of the Cooperation Agreement between the European Community and the People’s Republic of Bangladesh on partnership and development.

Cooperation Agreement between the European Community and the People’s Republic of Bangladesh on partnership and development.

Summary

The cooperation put in place between the European Union (EU) and Bangladesh should contribute to the sustainable development of the country and the fight against poverty. Bangladesh is one of the Least Developed Countries (LDCs).

Areas of cooperation

Special attention is paid by the partners to the fight against drugs and against HIV/AIDS. Their actions comprise:

  • prevention measures, monitoring and fighting AIDS;
  • information provision and educational activities;
  • improving access to health services and treatment for the sick;
  • the rehabilitation of drug addicts.

Trade cooperation aims at the expansion of trade and the opening up of markets. It takes place in compliance with World Trade Organization (WTO) agreements. The partners therefore need to make progress towards removing trade barriers and resolving transit or re-export issues. They must improve customs cooperation and information sharing.

Moreover, the country must make progress in its undertakings as regards the protection of intellectual, industrial and commercial property rights.

Economic cooperation aims particularly at:

  • facilitating contacts between economic operators, business communities, enterprises and investors;
  • improving the business environment and conditions for investment, particularly for small and medium-sized enterprises;
  • promoting technology transfer.

The agreement enshrines the principle of reciprocal access by the partners to their respective public works contracts. They apply the principle of free access to international maritime transport contracts.

In the area of the environment, cooperation must make it possible in particular to:

  • reduce the risks of natural disasters, and combat soil degradation in particular;
  • develop environmental policy and workers’ training;
  • promote sustainable and non-polluting energies.

The partners share knowledge in the field of science and technology. They cooperate in combating the production of drugs and money laundering.

A key point of the partnership is the development of workers’ rights and skills. International Labour Organization (ILO) instruments are to be implemented (in the areas of child labour, forced labour, freedom of association, trade union rights, etc.). Furthermore, measures are to be taken to foster education and vocational qualifications, particularly for the poorest population sectors.

Regional cooperation

Cooperation actions may be undertaken with other countries in the region, as a priority in the fields of:

  • technical assistance and workers’ training;
  • the promotion of intra-regional trade;
  • support for regional cooperation organisations (such as the South Asia Association for Regional Cooperation (SAARC));
  • examining questions with a regional dimension, particularly in the sectors of transport, communications, the environment and health.

EEC-China Trade and Economic Cooperation Agreement

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EEC-China Trade and Economic Cooperation Agreement

Outline of the Community (European Union) legislation about EEC-China Trade and Economic Cooperation Agreement

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External relations > Relations with third countries > Asia

EEC-China Trade and Economic Cooperation Agreement

Document or Iniciative

Council Regulation (EEC) No 2616/85 of 16 September 1985 concerning the conclusion of a Trade and Economic Cooperation Agreement between the European Economic Community and the People’s Republic of China.

Trade and Economic Cooperation Agreement between the European Economic Community and the People’s Republic of China.

Summary

This Agreement replaces the trade agreement concluded between the European Economic Community (EEC) and the People’s Republic of China on 3 April 1978. It aims to introduce a new stage, to promote and intensify trade and to encourage the steady expansion of economic cooperation in the mutual interest of both parties.

Trade cooperation

Both parties confirm their determination to encourage trade, improve its structure in order to diversify it, and take the necessary measures to facilitate it.

They grant each other most-favoured nation treatment in all matters regarding:

  • customs duties and charges of all kinds (including the procedures for the collection of such duties or charges) applied to the import, export, re-export, or transit of products;
  • regulations, procedures and formalities concerning customs clearance, transit, warehousing and transhipment of products imported or exported;
  • taxes and other internal charges levied directly or indirectly on products or services imported or exported;
  • administrative formalities for the issue of import or export licences.

There are, however, exceptions. This treatment is not applied to:

  • advantages accorded by the EEC or China to:

– states with which they share membership of a customs union or free trade area;

– neighbouring countries for the purpose of facilitating border trade;

  • measures which the EEC or China may take in order to meet their obligations under international commodity agreements.

The Agreement also aims to achieve a balance in trade; it therefore provides for any obvious imbalance to be examined by the Joint Committee with a view to recommendations.

China must give favourable consideration to EEC imports. The EEC, for its part, will gradually move towards greater liberalisation for imports from China. It will endeavour to expand the list of products that may be freely imported and increase the amount of quotas.

Provision is made for information to be exchanged before either party takes any action. In exceptional cases where rapid action is required, the two parties must hold friendly consultations as soon as possible before acting. Both parties are to ensure that in any event their actions do not prejudice the general objectives of the Agreement.

Trade in goods and the provision of services is to be effected at market-related prices and rates. Payments for the transactions may be made in any convertible currency accepted by the two parties concerned by the transactions.

Economic cooperation

In order to promote the development of their industry and agriculture, diversify their economic links, encourage scientific and technological progress, open up new sources of supply and new markets, help to develop their economies and raise their respective standards of living, the two parties agree to develop economic cooperation in:

  • industry and mining;
  • agriculture, including agro-industry;
  • science and technology;
  • energy;
  • transport and communication;
  • the protection of the environment;
  • cooperation in third countries.

The EEC and China will also encourage industrial and technical cooperation through, for instance, joint production, joint ventures, common exploitation, the transfer of technology, contacts and activities to promote exchanges between the business communities, seminars, cooperation between financial institutions, consultancy services, technical assistance and continuous exchange of information.

The parties also undertake to encourage investment, in particular by creating a favourable climate by providing investment promotion and protection arrangements.

The EEC states that it is prepared to continue its development activities in China in the context of development aid. The Member States are, for their part, entirely free to engage in bilateral activities in the field of economic cooperation and to conclude new economic cooperation agreements with China where appropriate.

Joint Committee

The Agreement establishes a Joint Committee made up of representatives of the contracting parties. It meets once a year, in Brussels and Beijing alternately, and is chaired by each party in turn. Extraordinary meetings may be convened and working parties set up. The Joint Committee’s tasks are:

  • to monitor and examine the functioning of the Agreement;
  • to examine any questions that may arise in the implementation of the Agreement;
  • to examine issues that might hinder cooperation;
  • to examine new means and possibilities of developing trade and economic cooperation;
  • to make recommendations for achieving the objectives of the Agreement.

The Agreement was concluded for an initial period of five years and is renewed automatically every year provided neither of the contracting parties gives written notice of termination six months before its expiry. The Agreement is still in force in 2004.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Council Regulation (EEC) No 2616/85 and Trade and Economic Cooperation Agreement between the European Economic Community and the People’s Republic of China. 22.09.1985 – OJ L 250 of 19.9.1985

Related Acts

In 1994 and 2002 the Agreement was supplemented by exchanges of letters establishing broader political dialogue between the EU and China.

In 2003 the Commission adopted a policy paper on “A maturing partnership – shared interests and challenges in EU-China relations” [COM(2003) 533 final] which supplements and updates the 2001 Communication on ” EU strategy towards China: Implementation of the 1998 communication and future steps for a more effective EU policy.”

In 2006, the Commission proposed and made recommendations to strengthen the EU – China partnership in its Communication entitled ‘EU – China: Closer partners, growing responsibilities’, of 24 October 2006 [COM(2006) 631 final].

Council Decision of 16 November 2004 on the conclusion of an Agreement between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters [Official Journal L 375 of 23 December 2004].

Agreement between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters [Official Journal L 375 of 23 December 2004].

This agreement entered into force on 1 April 2005.

Special partnership with Cape Verde

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Special partnership with Cape Verde

Outline of the Community (European Union) legislation about Special partnership with Cape Verde

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Development > African Caribbean and Pacific states (ACP)

Special partnership with Cape Verde

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 24 October 2007 on the future of relations between the European Union and the Republic of Cape Verde [COM(2007) 641 final – Not published in the Official Journal].

Summary

The Republic of Cape Verde and the EU are united by historical, human, religious, linguistic and cultural ties. They share fundamental socio-political values such as democracy and human rights and the promotion of good governance, peace, security and the fight against terrorism and crime. Specifically, they share a number of priorities as regards the fight against drug trafficking and illegal immigration, as a result of which Cape Verde is expected to intensify police and judicial cooperation with the EU.

The EU-Cape Verde special partnership

In view of the increasing interest of Cape Verde in approaching the EU, its outermost regions (ORs) of the North Atlantic (Azores, Madeira and the Canaries) in particular, and in order to respond to the mutual interests of the EU and Cape Verde as regards security and development, the Commission proposes a special partnership. This partnership is intended to strengthen dialogue and policy convergence between the two parties, in the context of the implementation of the Cotonou agreement.

The partnership considered is characterised by:

  • strengthening of political dialogue between the two parties, on the basis of an action plan covering the priorities for the development process of the special partnership and including the cooperation instruments provided for in the Cotonou agreement;
  • a search for forms of complementary cooperation to add to the traditional measures implemented under the Cotonou agreement;
  • promotion of an evolving process, based on a flexible action plan that can be adapted to the development of the country and of its relations with the EU and third countries;
  • pursuit of further progress in the area of good governance in Cape Verde;
  • support for closer ties with the ORs and the rest of the EU by intensifying relations with the West Africa region and within the Economic Community of West African States (ECOWAS);
  • promotion of convergence on European norms and standards, in order to strengthen the country’s comparative advantages.

The partnership will offer new perspectives. In particular, it will:

  • strengthen cooperation between the two parties at a political, economic, commercial, administrative and judicial level;
  • ensure convergence between legislation on economic and technical standards;
  • offer Cape Verde, within the framework of closer links with the ORs, access to the EU’s internal market and the possibility to participate gradually in a number of EU policies and programmes;
  • promote activities aimed at bringing Cape Verde closer to the Community acquis in the areas covered by the action plan.

The partnership action plan, which represents the overall strategic framework, is based on the following pillars:

  • The good governance policy pursued by Cape Verde, and especially the consolidation of democracy, the rule of law and the participation of civil society. The partnership will also focus on the rights of children and women, the integration of immigrants, the fight against domestic violence and also the reform of the justice and public finance sectors.
  • Security and stability, through actions implemented on a cross-border and regional basis in particular, in the areas of the fight against transnational organised crime, efficient management of migration flows and maritime security.
  • Regional integration, both at OR level (through the country’s participation in the transnational Madeira, Azores, Canaries (MAC) cooperation programme for the period 2007-2013 and the cooperation mechanisms within the outermost regions) and at West Africa level (by taking into account the specificity of Cape Verde within the Economic Partnership Agreement and the use of the resources of the European Development Fund (EDF) regional indicative programmes).
  • Convergence of technology and standards policies in the sectors covered by the action plan.
  • Progress towards a “knowledge-based society” by encouraging economic, social and cultural development though education, research and information and communication technologies.
  • The fight against poverty, in particular through environmental protection, the protection of natural resources, the preservation of the marine environment and closer cooperation in the area of fisheries.

The implementation of the action plan will be funded mainly by the EDF and the European Regional Development Fund (ERDF) within the framework of the MAC programme for the period 2007-2013. Moreover, the European Community’s general budget will support specific activities, in particular thematic programmes funded by the development cooperation instrument, and also activities financed by the stability instrument, the instrument for the promotion of democracy and human rights and the humanitarian aid instrument. This funding will be added to the resources of the Cape Verde government.

The action plan will be of indefinite duration and will be reviewed periodically. The EU troika will ensure its follow-up and its implementation at political and technical level.

Related Acts

Council conclusions on the future of relations between the European Union and the Republic of Cape Verde. General Affairs and External Relations Council– 19 November 2007 [Not published in the Official Journal].

Economic partnership between Eastern and Southern Africa States

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Economic partnership between Eastern and Southern Africa States

Outline of the Community (European Union) legislation about Economic partnership between Eastern and Southern Africa States

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Development > African Caribbean and Pacific states (ACP)

Economic partnership between Eastern and Southern Africa States

Document or Iniciative

Proposal for a Council Decision on the signature and provisional application of the interim agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States on the one part and the European Community and its Member States, on the other part.

Summary

The European Union and the Eastern and Southern Africa (ESA) States have agreed on the provisional application of the interim agreement establishing a framework for an Economic Partnership Agreement (EPA).

When the interim agreement enters into force, five of the ESA countries, Comoros, Madagascar, Mauritius, Seychelles and Zimbabwe, will be covered by the guarantee of a harmonised trade regime. They will be listed in Council Regulation 1528/2007 on the application of regimes provided for under Economic Partnership Agreements. However, Zambia did not table a European Union market access offer. This State continues to benefit from the Everything But Arms (EBA) regime, that implies the total suspension of Common Customs Tariff duties for all products, with the exception of arms and munitions.

The signature of an EPA was made necessary by the expiry in 2007 of the regime provided for by the Cotonou Agreement, on the safeguard clauses relating to trade measures, as well as the World Trade Organisation (WTO) waiver covering that regime. The EPA covers many areas targeted by the Cotonou Agreement. It generates stability for trade until a comprehensive EPA has been concluded.

This agreement provides the measures necessary to establish a Free Trade Area compatible with WTO requirements. Several products have been excluded from this liberalisation in order to protect the most sensitive sectors or emerging industries in these States.

These provisions concern in particular:

  • rules of origin;
  • non-tariff measures;
  • trade defence measures;
  • trade dispute avoidance and settlement;
  • fisheries and development;
  • administrative and institutional cooperation.

The agreement is to be implemented in line with ESA development strategies, and the partners undertake to cooperate to strengthen the regional integration process of African countries. The scope of the interim agreement will be extended according to the results of negotiations concerning the comprehensive EPA.

An EPA committee made up of party representatives should be established and will be responsible for monitoring the matters covered by the agreement.

Context

The conclusion of this interim agreement took place in several stages. Agreements were signed on 28 November 2007 with Seychelles, Zambia and Zimbabwe, on 4 December 2007 with Mauritius and on 11 December 2007 with Comoros and Madagascar. This agreement is open to participation from all other States in the Eastern and Southern Africa region.

Negotiations with a view to concluding a comprehensive agreement have been continuing since 7 February 2004 with the ESA States, in line with the Directives adopted by the Council on 12 June 2002. Ministers from the Eastern and Southern Africa (ESA) region and representatives of the Commission of the European Union, meeting in Brussels on 28 February 2007, gave joint conclusionson the state of these negotiations.

References And Procedure

Proposal

Official Journal

Procedure

COM(2008) 863 final

–

Related Act

Communication from the Commission to the Council and the European Parliament of 23 October 2007 on Economic Partnership Agreements [COM(2007) 635 final – Not published in the Official Journal].

Further information can be obtained from the website of the European Commission’s Directorate-General for External Trade.

Cooperation Agreement between the EEC and the Gulf Cooperation Council

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Cooperation Agreement between the EEC and the Gulf Cooperation Council

Outline of the Community (European Union) legislation about Cooperation Agreement between the EEC and the Gulf Cooperation Council

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External relations > Relations with third countries > Middle east

Cooperation Agreement between the EEC and the Gulf Cooperation Council (GCC)

Acts

Council Decision 89/147/EEC of 20 February 1989 concerning the conclusion of a Cooperation Agreement between the European Economic Community, of the one part, and the countries parties to the Charter of the Cooperation Council for Arab States of the Gulf (the State of the United Arab Emirates, the State of Bahrain, the Kingdom of Saudi Arabia, the Sultanate of Oman, the State of Qatar and the State of Kuwait) of the other part.

Cooperation Agreement between the European Economic Community of the one part, and countries parties to the Charter of the Cooperation Council for the Arab States of the Gulf (the State of the United Arab Emirates, the State of Bahrain, the Kingdom of Saudi Arabia, the Sultanate of Oman, the State of Qatar and the State of Kuwait) of the other part.

Summary

The six countries of the Gulf Cooperation Council and the European Community have drawn up a cooperation agreement aimed at strengthening their relations in a contractual and institutional form.

Economic cooperation should be as extensive as possible, not excluding any area. Here, and in the technical field, priorities are to encourage and facilitate:

  • diversification of GCC countries’ economies;
  • market research and trade promotion;
  • technology transfer and development, notably by means of joint actions and the protection of patents, trademarks and intellectual property rights;
  • the promotion of stable and balanced links between traders;
  • cooperation on standards and measures;
  • information exchange;
  • training.

In areas of agriculture, the agri-food industry and fisheries, the aims of cooperation are to step up exchanges of information and encourage contacts between companies and research institutions to promote common projects.

In industry, the aim is to encourage joint enterprises, develop industrial production and enlarge the economic base, and to organise contacts and meetings.

Information exchange is fundamental to cooperation for environmental and wildlife protection.

For energy, cooperation between energy companies must be facilitated, as must joint analyses of trade in crude oil, gas and petrol products. Exchanging ideas and information, training and studies are also part of energy cooperation.

Investment must be promoted and protected, particularly through agreements on promotion and protection to improve investment conditions.

In science and technology, research, scientific and technological development, technology transfers and adaptation, links between scientific communities and access to patent databases must all be encouraged.

Trade should be developed and diversified. The parties will study ways of eliminating trade barriers and will open discussions on an agreement aimed at developing trade. A common declaration on this matter follows at the end of the text. Pending agreement, both parties will grant each other the status of most favoured nation, which is the subject of a letter from the Community attached to the agreement.

General and final provisions

A Joint Cooperation Council is set up. It will periodically lay down the general guidelines for cooperation, act as an arbiter in the event of dispute and seek means of putting cooperation into practice. Its decisions are binding on party States, and its presidency is rotated between the EC and the GCC countries. It is assisted by a joint cooperation committee, and may decide to set up further committees.

Parties must exchange information and consult the Joint Council regarding useful information that has a direct incidence on the Agreement, or possible problems in the general functioning of the Agreement or concerning trade.

This Agreement does not prevent the conclusion of bilateral agreements, providing that they do not conflict with this Agreement. Its duration is unlimited, and if one party renounces it in writing, its application will cease six months after the notification date.

For more information about relations between the EC and the GCC, see the GCC page on the DG RELEX website.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Council Decision 89/147/EEC 01.01.1990 – OJ L 54 of 25.02.1989

Related Acts

Commission communication of 22 November 1995 on “improving relations between the European Union and countries of the Gulf Cooperation Council” [final – Not published in the Official Journal].

 

Security of energy supply in the EU and international cooperation

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Security of energy supply in the EU and international cooperation

Outline of the Community (European Union) legislation about Security of energy supply in the EU and international cooperation

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Energy > Security of supply external dimension and enlargement

Security of energy supply in the EU and international cooperation

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 7 September 2011 On security of energy supply and international cooperation – “The EU Energy Policy: Engaging with Partners beyond Our Borders” [COM(2011) 539 final – Not published in the Official Journal].

Summary

This Communication defines a strategy of cooperation beyond the borders of the European Union (EU) in order to ensure its energy supply and to promote its objectives in the field of energy. This strategy is based on four main objectives:

  • building up the external dimension of the EU’s internal energy market;
  • strengthening partnerships for secure, safe, sustainable and competitive energy;
  • improving access to sustainable energy for developing countries;
  • better promoting EU policies beyond its borders.

Objective 1: building up the EU’s internal energy market

Member States often favour the negotiation of bilateral agreements in the field of energy supply. For this reason the European Commission wishes to set up an information exchange mechanism on intergovernmental agreements between Member States and third countries in order to improve coordination within the internal energy market. Agreements could also be adopted with third countries at EU level.

It is essential for the EU to diversify its sources of energy in order to ensure continuity of supply. The EU therefore intends to put follow-up actions in place in order to:

  • ensure the continuity of the building of the infrastructure defined in the strategy Energy infrastructure priorities for 2020 and beyond;
  • promote supply from the Southern Corridor;
  • ensure a continuous supply of gas and oil from the East through cooperation with Russia and Ukraine, while supporting the rehabilitation of the Ukrainian transmission network;
  • develop renewable energy projects with the Southern Mediterranean countries.

The Commission considers it necessary to establish differentiated types of cooperation suited to each partner. It therefore intends to initiate several projects, with the main ones seeking to:

  • conclude negotiations with Switzerland aimed at full integration of electricity markets;
  • encourage cooperation with States wishing to join the EU;
  • develop an EU-Southern Mediterranean partnership to promote electricity and renewable energy by 2020.

Russia is an energy security partner of vital importance for the EU. The Commission therefore wishes to develop privileged relations with this country by stepping up the implementation of the EU-Russia partnership and by preparing an EU 2050 Energy Roadmap. An agreement is to be concluded between the EU, Russia and Belarus on the technical rules for the management of electricity networks in the Baltic region.

Objective 2: strengthening partnerships for secure, safe, sustainable and competitive energy

Besides Russia, the EU is obliged on the one hand to strengthen its partnerships with its hydrocarbon suppliers, such as Norway, Algeria, Saudi Arabia and Libya, and, on the other hand, to extend new dialogues with emerging producers. It is vital to emphasise good energy governance.

In the context of its cooperation activities, the EU must not lose sight of the objective of reducing carbon emissions at global level. It therefore proposes to invite industrialised and emerging countries to work on the creation of reliable and transparent global energy markets, on the promotion of energy efficiency and low carbon energy, and on research and innovation projects in this field.

The EU considers it essential to step up work on a comprehensive legal environment for EU relations with suppliers and transit countries. To do this, it actively supports the Energy Charter and, in particular, work on its core trade, transit and investment mandate.

The Commission also wishes to promote nuclear safety and security standards globally. To this end, it intends to extend the scope of the Euratom agreements and to advocate for international legally binding nuclear safety standards, particularly at the level of the International Atomic Energy Agency (IAEA). It also intends to address the safety of offshore operations, including with hydrocarbon producers within the Organization of Petroleum Exporting Countries (OPEC).

Objective 3: improving access to sustainable energy for developing countries

In its development policy, the Commission has set itself the aim of making sources of energy (particularly electricity) accessible to the regions with the fewest resources, while respecting environmental imperatives. To achieve these aims, it wishes to mainstream energy in all EU development policy instruments, and to facilitate access of least developed countries to climate financing.

Objective 4: better promoting EU policies beyond its borders

The Commission has defined four types of energy partner:

  • market integration partners;
  • key energy suppliers and transit countries;
  • key energy players worldwide;
  • developing countries.

For each of these partners, it proposes the use of appropriate instruments selected from among the existing legal and political instruments, such as the Energy Community Treaty, the strategic energy dialogues or other instruments.

The Commission also wishes to improve coordination between Member States in order to speak with a single voice beyond its borders. To do this, it intends to set up a Strategic Group for International Energy Cooperation.

To ensure the best possible follow-up of its projects, the Commission is to establish a database of energy projects in partner countries funded by the EU, EU Member States, the European Investment Bank (EIB) and the European Bank for Reconstruction and Development (EBRD).

Agreement with Canada

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Agreement with Canada

Outline of the Community (European Union) legislation about Agreement with Canada

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Fight against fraud > Protecting the European Union’s financial interests

Agreement with Canada

Document or Iniciative

Council Decision 98/18/EC of 27 November 1997 concerning the conclusion of the Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters.

Summary

The aim of the Agreement is to improve cooperation between the administrative authorities responsible for applying customs legislation *. The parties undertake to increase the level of customs cooperation, in particular by simplifying and harmonising their procedures.

Customs cooperation

The parties undertake to develop customs cooperation by:

  • simplifying and harmonising their customs procedures;
  • examining means of solving customs-related problems;
  • exchanging personnel;
  • computerising customs procedures and formalities.

Mutual administrative assistance

The parties undertake to assist each other, either on request or on their own initiative. They exchange all appropriate information that helps to ensure the proper application of customs legislation and the prevention and combating of any breach of such legislation. To achieve this, they communicate to each other any new customs law enforcement techniques, and any new trends and means of committing breaches of customs legislation. The customs authorities also provide each other with information on operations, completed or planned, which appear to constitute a breach of customs legislation in the territory of the other contracting party.

Assistance on request

The requested authority * informs the applicant authority * of the customs legislation and procedures applicable in its territory and relevant to inquiries relating to a breach of customs legislation. Such information may relate to the lawfulness of procedures for exporting and importing goods between the two contracting parties and to the customs procedure applied.

The Agreement also provides for special surveillance, which may be maintained over persons who have committed a breach of customs legislation or who are suspected of doing so. Such surveillance may also be applied to goods giving rise to illicit trafficking, and on the means of transport and premises used to this end.

Spontaneous assistance

One of the two parties may supply information on its own initiative in serious cases that could involve substantial damage to the economy, public health, public security or any other vital interest of the other contracting party.

Formal aspects and exceptions to assistance

Requests must be made in writing, except in urgent cases where oral requests may be made, confirmed in writing thereafter. Requests must contain data on the applicant customs authority, the measure requested, the object of and the reason for the request, the legislation involved and the persons who are the target of the investigation.

The requested party may refuse to provide assistance if to do so would be likely to prejudice the sovereignty, public policy, security or other essential interest of one of the parties. The obligation to provide assistance may also be postponed on the ground that it interferes with an ongoing investigation, prosecution or proceeding.

The Agreement contains confidentiality clauses in relation to the information supplied. A high level of protection is given to personal data.

The Agreement provides for the establishment of a Joint Customs Cooperation Committee that sees to the proper functioning of this Agreement and examines all issues arising from its application.

Key terms used in the act
  • Customs legislation: for the European Community, customs legislation includes all legal provisions governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control. In Canada, the definition of customs legislation is wider. It includes all statutory and regulatory provisions in this area, the administration and enforcement of which are specifically charged to the customs authority, in other words the competent sections of the Departments of National Revenue, and any regulations adopted by the customs authority under its statutory powers.
  • Requested authority: means the competent customs authority that receives a request for assistance.
  • Applicant authority: means the competent customs authority that makes a request for assistance.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 98/18/EC 27.11.1997 – Official Journal L 007 of 13.01.1998

Partnership for the accession of Turkey

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Partnership for the accession of Turkey

Outline of the Community (European Union) legislation about Partnership for the accession of Turkey

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Enlargement > Ongoing enlargement > Turkey

Partnership for the accession of Turkey

Document or Iniciative

Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and repealing Decision 2006/35/EC.

Summary

The Accession Partnership, which is based on the pre-accession strategy, is the main instrument providing Turkey with guidance in its preparations for accession.

The Helsinki European Council (December 1999) decided to recognise Turkey as an applicant for accession on the basis of criteria equivalent to those applied to the other applicant countries. The accession negotiations were started on 3 October 2005.

The pre-accession strategy combines the frameworks and different instruments relating to the accession process of a new Member State, offering Turkey a coherent accession programme and enabling it to familiarise itself with the European Union’s procedures and policies, notably by giving it the opportunity to participate in Community programmes.

OBJECTIVE

The objective of the Accession Partnership is to incorporate in a single legal framework:

  • the priorities for reform with a view to preparing for accession;
  • guidelines for financial assistance for action in these priority areas;
  • the principles and conditions governing implementation of the Partnership.

The Accession Partnership with Turkey was established in 2001 and has been revised three times (in 2003, 2006 and 2008). It evolves as the country progresses and continues its efforts to prepare for accession.

With a view to achieving the objectives identified in the Accession Partnership, Turkey adopted a national programme for transposing the Community acquis (NPAA), in which it sets out procedures and a programme for implementing action in the priority areas.

PRIORITIES

A distinction is made between short-term priorities, which are expected to be achieved within one to two years, and medium-term priorities, which are expected to be achieved within three to four years. Both are based primarily on Turkey’s ability to comply with:

  • the 1993 Copenhagen Criteria;
  • the negotiation framework adopted on 3 October 2005.

The short and medium-term priorities are:

  • political dialogue, which includes short-term priorities such as: democracy and the rule of law (public service, civilian oversight of security forces, the judicial system and anti-corruption policy), human rights and protection of minorities – which imply that these rights are promoted and respected at national and international level (civil, political, economic, social and cultural rights, the situation in the east and southeast, displaced persons) – regional issues and international obligations (Cyprus, peaceful settlement of border disputes, Association Agreement);
  • economic criteria: market liberalisation, the fight against the underground economy, completion of the privatisation programme, improvement of the business climate, competitiveness, sustainability of public finances, budgetary and monetary policies guaranteeing macroeconomic stability, a coordinated economic policy and improvement of health and education levels and infrastructures and the correction of labour market imbalances;
  • ability to assume the obligations of membership, namely the adoption and implementation of the acquis (EU policies and legislation, both primary and secondary).

Evaluation

The Commission regularly evaluates the progress made by Turkey on the priorities set by the Accession Partnership and in the areas in which greater efforts have to be made. Such evaluation covers compliance with the accession criteria, including adoption and enforcement of the acquis. The Accession Partnership is monitored and its implementation evaluated under the Association Agreement between the European Union and Turkey.

FINANCIAL FRAMEWORK

Turkey receives financial assistance under the Instrument for Pre-Accession Assistance (IPA) for the period 2007?2013. The Multi-annual Indicative Financial Framework for the period 2009?2011 (MIIF) sets out the amount of assistance allocated to Turkey under the IPA: approximately EUR 3 037.9 million (including 2007 and 2008).

Community assistance is subject to compliance with the essential elements governing bilateral relations between Turkey and the EU, the Copenhagen criteria and the priorities defined by the partnership. If these elements are not complied with, the financial assistance may be suspended by the Council.

Turkey is also eligible for funding from the European Investment Bank (EIB) under its external lending mandate for the EU’s south-eastern neighbours.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2008/157/EC 29.2.2008 – OJ L 51 of 26.2.2008

Related Acts

Conclusions of the Brussels European Council of 16 and 17 December 2004 (FR ).

The European Council decided to open accession negotiations with Turkey on 3 October 2005.

BILATERAL RELATIONS

EEC?Turkey Association Agreement (1963) [Official Journal No 217 of 29 December 1964].

Additional Protocol to the Agreement establishing an Association between the European Economic Community and Turkey following the enlargement of the European Union [Official Journal L 254 of 30 September 2005].

FINANCIAL ASSISTANCE

Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) [OJ L 210 of 31 July 2006].

Multi-annual Indicative Financial Framework (CFIP) for:

  • 2008?2010 [COM(2006) 672 final – Not published in the Official Journal];
  • 2009?2011 [COM(2007) 689 final – Not published in the Official Journal].

EVALUATION

are available on the website of the European Commission’s Directorate-General for Enlargement.

This summary is for information only and is not designed to interpret or replace the reference document.