PREAH
REACH KRAM
No.
NS/RKM/0599/02
We
Preahbath Samdech Preah Norodom Sihanouk Reach Harivong Uphatosucheat Visothipong Akamohaborasratanak Nikarodom Thammikmohareacheathireach Boromaneat Boromabopit Preah Chau Krong Kampuchea Thipdey
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Referring to the 1993 Constitution of the Kingdom of Cambodia;
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Referring to Reach Kram No. NS/RKM/0399/01 of March 8, 1999 on the
Amendment of the Articles 11, 12, 13,
18, 22, 24, 28, 30, 34, 51, 78, 90, 91, and
93 and Articles of Chapters VIII to XIV of the Constitution of the Kingdom
of Cambodia;
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Referring
to Reach Kret NS/RKT/1198/69 of November 25, 1998 on the Appointment of
the Prime Minister of the
Royal Government of Cambodia;
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Referring to Reach Kret NS/RKT/1198/72 of November 30, 1998 on the
formation of the Royal Government of
Cambodia;
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Referring to Reach Kram No. 02/NS/94 of July 20, 1994 promulgating
the Law on the Organization and Functioning
of the Council of Ministers;
-
Referring to Reach
Kram No. NS/RKM/0198/10 of January 24, 1996 promulgating the Law on
the Establishment of
the Ministry of Foreign
Affairs and International Co-operation;
-
Pursuant to the Proposals of the Prime Minister and the Senior Minister
and Minister of Foreign Affairs and
International Co-operation.
HEREBY
PROMULGATE
The
Law on the Adoption of the Cooperation Agreement Between the European
Community and the Kingdom of Cambodia as ratified by the National Assembly
on April 27, 1999 at the second plenary session of the second legislature
and whose meaning are as follow:
Article 1: It is hereby
ratified the Cooperation Agreement Between the European Community and the
Kingdom of Cambodia which was signed in Luxemburg on April 29, 1997 and
whose entire text is attached.
Article 2: The Royal Government of Cambodia shall prepare all thenecessary procedures to implement this Convention.
Article 3: This law shall be declared as urgent.
Senior
Minister and Minister of Foreign Affairs
and International Co-operation.
Hor Nam Hong
Cooperation
Agreement Between the European Community
and the Kingdom of Cambodia
THE
COUNCIL OF THE EUROPEAN UNION, of the one part, and
THE
GOVERNMENT OF THE KINGDOM OF CAMBODIA, of the other part
Hereinafter
referred to as "the Parties",
WELCOMING
the increase in trade and cooperation which has taken place between the
European Community, hereinafter referred to as "the Community",
and the Kingdom of Cambodia, hereinafter referred to as
"Cambodia";
RECOGNIZING
the excellent relations and ties of friendship and cooperation between the
Community and Cambodia;
REAFFIRMING
the importance of further strengthening ties between the Community and
Cambodia;
RECOGNIZING
the importance the Parties attach to the principles of the United Nations
Charter, to the Universal Declaration of Human Rights, to the 1993 Vienna
Declaration and the plan of action of the World Conference on Human
Rights, to the 1995 Copenhagen Declaration on Social Development and the
associated plan of action, and to the 1995 Beijing Declaration and the
plan of action of the Fourth World Conference on Women;
RECOGNIZING
the common will to consolidate, deepen and diversify the relations between
the Parties in areas of mutual interest on a footing of equality, non-discrimination,
mutual benefit and reciprocity;
RECOGNIZING
the desire of the Parties to create favourable conditions for the
development of trade and investment between the Community and Cambodia,
and the need to adhere to the principles of international trade, the
purpose of which is to promote trade liberalization in a stable,
transparent and non‑discriminatory manner;
CONSIDERING
the need to support the current process of economic reform in order to
guarantee transition to a market economy, with due regard for the
importance of the social development which should go hand in hand with
economic development and the common commitment to respecting social
rights;
CONSIDERING
the need to support the Cambodian government's efforts to improve the
living conditions of the poorest and most disadvantaged sections of the
population, with a special emphasis on the status of women;
CONSIDERING
the importance accorded by the Parties to the protection of the
environment at all levels and to the sustainable management of natural
resources, taking account of the links between the environment and
development;
HAVE
DECIDED TO CONCLUDE this Agreement and to this end have designated as
their Plenipotentiaries:
THE
COUNCIL OF THE EUROPEAN UNION:
Hans
Van MIERLO
Deputy
Prime Minister and Minister for Foreign Affairs of the Netherlands,
President-in-Office
of the Council of the European Union,
Manuel
MARIN
Vice-President
of the Commission of the European Communities,
THE
ROYAL GOVERNMENT OF CAMBODIA:
KEAT
CHHON
"Ministre
d'Etat",
Minister
for Economic Affairs and Finance,
WHO,
having exchanged their Full Powers, found in good and due form,
Have
Agreed as Follows:
Article
1: Basis
Respect
for the democratic principles and fundamental human rights established by
the Universal Declaration on Human Rights inspires the internal and
international policies of the Community and of Cambodia and constitutes an
essential element of this Agreement.
Article
2: Objectives
The
main objective of this Agreement is to provide a framework for enhancing
cooperation between the Parties, within their respective areas of
jurisdiction, with the following aims:
(a)
to accord each other most‑favoured‑nation treatment on
trade in goods in all areas specifically covered by the Agreement, save as
regards advantages accorded by ether Party within the context of customs
unions or free trade areas, trade arrangements with neighbouring countries
or specific obligations under international commodity agreements;
(b)
to promote and intensify trace between the Parties, and to
encourage the steady expansion of sustainable economic cooperation, in
accordance with the principles of equality and mutual advantage;
(c)
to strengthen cooperation in fields closely related to economic
progress and benefiting both Parties;
(d)
to contribute to Cambodia's efforts to improve the quality of life
and standards of living of the poorest sections of its population,
together with measures for the country's reconstruction;
(e)
to encourage job creation in both the Community and Cambodia, with
priority being accorded to programmes and operations which could have a
favourable effect in this respect. The Parties shall also exchange views
and information on their respective initiatives in this field, step up and
diversify their economic links and establish conditions conducive to job
creation;
(f)
to take the sustain requisite measures to protect the environment
and manage natural resourcesably.
The
Community recognizes Cambodia's need for development assistance and is
prepared to step up its cooperation in order to contribute to that
country's own efforts to achieve sustainable economic development and the
social progress of its people through concrete projects and programmes in
accordance with the priorities set out in Council Regulation (EEC/ No
443/92 of 25 February 1992 on financial and technical assistance to, and
economic cooperation with, the developing countries in Asia and Latin
America.
In
accordance with the above mentioned Regulation, assistance will be
targeted manly on the rehabilitation and reconstruction of the country and
on the poorest sections of the population in cooperation, priority will be
given to schemes aimed at alleviating poverty, and in particular those
likely to create jobs, foster development at grassroots level and promote
the role of women in development. The Parties will also encourage the
adoption of appropriate measures to prevent and combat AIDS and take steps
to increase grassroots development and education on AIDS and the
operational capacity of the health services.
Cooperation
between the Parties will also address the problem of drugs to encourage
and enhance training, education, health care and the rehabilitation of
addicts.
The
Parties acknowledge the importance of human resources development, social
development, the improvement of living and working conditions, the
development of skill and the protection of the most vulnerable sections of
the population. Human resources and social development must be an integral
part of economic and development cooperation. Appropriate consideration
shall therefore be given to training objectives addressing institutional
needs and specific vocational training activities aimed at enhancing the
skills of the local workforce.
In
mew of its major contribution to mine-clearance programmes m
Cambodia, the Community will, in its future commitments, continue to
concentrate on mutually agreed priorities to ensure that assistance is
effective and lasting.
Community
cooperation in all its areas will be concentrated on mutually agreed
priorities to ensure that assistance is effective and lasting. Development
cooperation activities shall be compatible with the development strategies
pursued under the auspices of the institutions of the Britton Woods
Agreement.
Article 4:
Trade cooperation
1.
The Parties confirm their
determination:
(a)
to take all appropriate measures to create favourable conditions
for trade between them;
(b)
to do their utmost to improve the structure of their trade in order
to diversify it further;
(c)
to work towards the elimination of barriers to trade, and towards
measures to improve transparency, in particular through the removal at an
appropriate time of non-tariff barriers, in accordance with work
undertaken in this connection by other international bodies while ensuring
that personal data are suitably protected.
2.
In their trade relations, the
Parties shall accord each other most-favoured-nation treatment
in all matters regarding:
(a) customs duties and charges of all kinds, including the procedures
for their collection;
(b)
the regulation, procedures and formalities governing customs
clearance, transit, warehousing and transshipment;
(c)
taxes and other internal charges levied directly or indirectly on
imports or exports;
(d) administrative formalities for the issue of import or export
licences.
3.
Within the areas of their respective areas of jurisdiction, the
Parties shall undertake:
(a)
to seek ways of establishing cooperation in the field of maritime
transport leading to market access on a commercial and
non-discriminatory basis, taking into account the work done in this
connection by other international bodies;
(b)
to improve customs cooperation between their respective
authorities, especially with regard to vocational training, the
simplification and harmonization of customs procedures and administrative
assistance in the matter of customs fraud;
(c)
to exchange information on mutually advantageous opportunities, in
particular in the field of tourism and cooperation on statistical matters.
4.
Paragraph 2 and 3(a) shall not apply to:
(a) advantages accorded by either Party to States which are fellow
members of a customs union or free trade area;
(b)
advantages accorded by either Party to neighboring countries with a
view to facilitating border trade;
(c) measures which either Party may take in order to meet its
obligations under international commodity
agreements.
5.
Cambodia shall improve
conditions for the adequate and effective protection and enforcement of
intellectual, industrial and commercial property rights in conformity with
the highest international standards. To this end, Cambodia shall accede to
the relevant international conventions on intellectual, industrial and
commercial property[1]
to which it is not yet a party. In order to enable Cambodia to fulfill the
abovementioned obligations, technical assistance could be envisaged.
6.
Within their respective areas
of jurisdiction and insofar as their rules and regulations i permit, the
Parties shall agree to consult each other on all questions, problems or
disputes which may arise in connection with trade.
Article 5:
Environmental cooperation
The
main objective of environmental cooperation is to enhance the prospects of
sustainable economic growth and social development by placing a high
priority on respect for the natural environment including:
(a)
the drafting of an effective environment protection policy
involving appropriate legislative measures and the resources needed to
implement it. Proper implementation of these measures will be essential in
helping put an end to illegal logging activities. Such a policy will also
encompass training, capacity building and the transfer of appropriate
environmental technology;
(b)
cooperation in the development of sustainable and
non‑polluting energy sources, as well as solutions to urban and
industrial pollution problems;
(c)
refraining from activities harmful to the environment, especially
in regions with fragile ecosystems, while developing tourism as a
sustainable source of revenue;
(d) environmental impact assessment, which is a vital element m the
preparation and implementation of any
reconstruction or development
project;
(e)
close cooperation to achieve the objectives of environmental
agreements to which both Parties are signatories;
(f)
particular priority and initiatives for the conservation of
existing primary forests and for the sustainable
development of new forest
resources.
Article 6:
Economic cooperation
a)
developing the economic environment in Cambodia by facilitating
access to Community know-how and technology;
(b)
Facilitating contacts between economic operators and taking other
measures to promote trade;
(c) encouraging, in accordance with their legislation, rules and
policies, public‑and prorate‑sector investment programmes in
order to strengthen economic cooperation, including cooperation between
enterprises, technology transfers, licences and subcontracting;
(d)
facilitating the exchange of information and the adoption of
initiatives, fostering cooperation on enterprise policy, particularly with
regard to improving the business environment and encouraging closer
contacts;
(e)
reinforcing mutual understanding of the Parties' respective
economic environments as a basis for effective cooperation.
-
to assist Cambodia in its efforts to restructure its economy by
creating the conditions for a suitable economic environment and business
climate;
-
to encourage synergies between the Parties' respective economic
sectors, and in particular their private sectors;
-
within the Parties' respective areas of jurisdiction, and in
accordance with their legislation, rules and policies, to establish a
climate conducive to private investment by improving conditions for the
transfer of capital and, where appropriate, by supporting the conclusion
of agreements between the Member States of the Community and Cambodia on
the promotion and protection of investment.
The
Parties will together determine, to their mutual advantage, the areas and
priorities for economic cooperation programmes and activities.
Article 7:
Agriculture
The Parties
undertake, in a spirit of understanding, to cooperate in the agricultural
sector and examine:
(b) san
Article 8:
Energy
The Parties recognize the
vital importance of the energy sector for economic and social development
and are prepared to step up cooperation by means of dialogue in the field
of energy policy. This dialogue will take due account of the main
objective, namely to ensure the sustainable development of Cambodia's
energy resources.
Article 9:
Regional cooperation
Cooperation between the
Parties may extend to activities under cooperation or integration
agreements with other countries of the same region, provided the said
activities are compatible with those agreements.
Without excluding any area,
special consideration may be given to the following activities:
(a)
technical assistance (services of outside consultants, training of
technical staff in certain practical aspects of integration);
(b)
promotion of interregional trade;
(c)
support for regional institutions, projects and initiatives for
which regional organizations bear responsibility;
(d)
studies concerning regional links, transport and communications;
Article 10:
Science and technology
The Parties, according to
their respective policies, their mutual interest and within their
respective areas of jurisdiction, may promote scientific and technological
cooperation.
Cooperation will involve:
-
the exchange of information and experience at regional
(Europe-South-East Asia) level especially on the
implementation of policies and programmes;
-
the promotion of lasting ties between the Parties' scientific
communities;
-
the stepping-up of activities aimed at promoting innovation
in industry, including technology transfers.
Cooperation may involve:
-
the joint implementation of regional (Europe-South-East
Asia) research projects in areas of mutual interest, facilitating, where
appropriate, the active involvement of enterprises.
-
the exchange of scientists to promote the preparation of research
projects and high‑level training;
-
joint scientific meetings to foster exchanges of information and
interaction and to identify areas for joint research;
-
the dissemination of results and the development of links between
the public and private sectors;
-
evaluation of the activities concerned.
The
Parties' higher education institutions, research centers and industries
will play an appropriate part in this cooperation.
Article 11:
Chemical drug precursors and money laundering
The
Parties will also consider special measures against the cultivation,
production and trafficking of drugs, narcotics and psychotropic
substances, and measures to prevent and reduce drug abuse.
This cooperation may include:
-
measures to promote other forms of economic development;
-
the exchange of relevant information, subject to personal data
being duly protected.
Article 12:
Physical infrastructure
The
Parties recognize that the present state of Cambodia's physical
infrastructure constitutes a serious constraint to private investment and
to economic development m general. The Parties therefore agree to
encourage specific programmers for the rehabilitation, reconstruction and
development of Cambodia's infrastructure, including transport.
Article
13: Information, communication and culture
The Parties, within their
respective areas of jurisdiction, and in the light of their policies and
mutual interests, will cooperate in the fields of information,
communication and culture to improve mutual understanding and strengthen
existing ties between them. In view of the importance of the ancient Khmer
civilization and its heritage, appropriate support may also be provided
for the promotion of new initiatives in the following areas:
(a)
preparatory studies and technical assistance for the conservation
of the cultural heritage, notably for the purposes of tourism;
(b)
cooperation in the field of the media and audio‑visual
documentation;
(c)
the organization of events and exchanges to improve cultural
understanding.
The
Parties recognize the importance of cooperation in the fields of
telecommunication, the information society and multimedia. Such
cooperation may include the exchange of information on the Parties'
respective regulations and policies for telecommunication, mobile
communications, including the promotion of Global Navigation Satellite
Systems (GNSS), the information society, multimedia telecommunications
technologies, networks and telemetric applications (e.g. transport, heath,
education and environment).
Article 14:
Institutional aspects
1.
The Parties agree to establish a Joint Committee, whose tasks are:
(a)
to guarantee the smooth working and proper implementation of this
Agreement and of the dialogue between the Parties;
(b)
to make suitable recommendations for promoting the objectives of
this Agreement;
(c)
to establish priorities for potential operations in pursuit of this
Agreement's objectives.
2.
The Joint Committee shall be composed of representatives of
sufficient seniority of both Parties. It shall normally meet every other
year, alternately in Phnom Penh and in Brussels, on a date fixed by mutual
agreement. Extraordinary meetings may also be convened by agreement
between the Parties.
3.
The Joint Committee may set up
specialized sub‑groups to assist it in the performance of its tasks
and to coordinate the formulation and implementation of projects and
programmers under this Agreement.
4.
The agenda for meetings of the
Joint Committee shall be determined by agreement between the Parties.
5.
The Parties agree that it
shall also be the task of the Joint Committee to ensure the proper
functioning of any sectored agreements concluded, or which may be
concluded, between the Community and Cambodia.
6.
The organizational structures
and the rules of procedure of the Joint Committee shall be determined by
the Parties.
Article 15:
Future developments
1.
The Parties may, by mutual
consent and within their respective areas of jurisdiction, extend this
Agreement to
expand cooperation and add to it by means of agreements on
specific sectors or activities.
2.
Within the framework of this
Agreement, either Party may put forward suggestions for expanding the
scope of the cooperation, taking into account the experience gained in its
application.
Article 16:
Other Agreements
Without
prejudice to the relevant provisions of the Treaties establishing the
European Communities, neither this Agreement nor any action taken
thereunder shall in any way affect the powers of the Member States of the
European Union to undertake bilateral activities with Cambodia in the
framework of economic cooperation or to conclude, where appropriate, new
economic cooperation agreements with Cambodia.
Article 17:
Facilities
To
facilitate cooperation under this Agreement, the Cambodian authorities
will grant to Community officials and experts the guarantees and
facilities necessary for the performance of their duties. The detailed
provisions will be set out in a separate exchange of letters.
Article 18:
Territorial application
This
Agreement shall apply, on the one hand, to the territories in which the
Treaty establishing the European Community is applied and under the
conditions laid down in that Treaty and, on the other hand, to the
territory of Cambodia.
Article 19: Non-execution of the Agreement
If
ether Party considers that the other Party has failed to fulfill an
obligation under this Agreement, it may take appropriate measures. Before
so doing, except in cases of special urgency, it shall supply the Joint
Committee with all relevant information required for a thorough
examination of the situation with a view to seeking a solution acceptable
to the Parties
In
the selection of measures, priority must be given to those which least
disturb the functioning of this Agreement. These measures shall be
notified immediately to the Joint Committee and shall be the subject of
consultations within the Joint Committee if the other Party so requests.
Article 20:
Annexes
Annexes
I and II to this Agreement shall form an integral part thereof.
Article
21: Entry into force and renewal
1.
This Agreement shall enter
into force on the first day of the month following the date on which the
Parties notify each
other of the completion of the procedures necessary
for this purpose.
2.
This Agreement is concluded
for a period of five years. It shall be renewed automatically franc year
to year unless
one of the Parties denounces it six months before its
expiry date
Article 22:
Authentic texts
This
Agreement is drawn up m duplicate in the Danish, Dutch, English, Finnish,
French, German, Greek, Italian, Portuguese, Spanish, Swedish and Khmer
languages, each text being equally authentic.
JOINT DECLARATION ON ARTICLE 19 - NON‑EXECUTION OF THE AGREEMENT
(a)
The Parties agree, for the purposes of the interpretation and
practical application of this Agreement, that the term
"cases of special urgency" in
Article 19 of the Agreement means a case of the material breach of the
Agreement by
one of the Parties. A material breach of
the Agreement consists in:
-
repudiation of the Agreement not sanctioned by the general rules of
international law;
-
violation of essential elements of the Agreement set out in Article
1.
(b)
The Parties agree that the "appropriate measures"
referred to in Article 19 are measures taken in accordance with
international law. If a Party takes a
measure in a case of special urgency as provided for under Article 19, the
other
Party may avail itself of the procedure
relating to settlement of disputes.