Treaty of Amity and Cooperation in Southeast Asia: accession of the European Union

PURPOSE: to authorise the European Union to accede to the Treaty of Amity and Cooperation in Southeast Asia.

PROPOSED ACT: Council Decision.

BACKGROUND: the Treaty of Amity and Cooperation in Southeast Asia was signed on 24 February 1976 by Indonesia, Malaysia, the Philippines, Singapore and Thailand. Since the date of signature, a number of countries have also become signatories including, the United States of America, Turkey and Canada.

The Treaty aims to promote peace, stability and cooperation in the region. To this end, it calls for the settlement of disputes by peaceful means, the preservation of peace, the prevention of conflicts and the strengthening of security in Southeast Asia. Hence, the rules and principles set out in the Treaty correspond to the objectives of the Union's common foreign and security polity.

By letter dated 7 December 2006, the Union and the European Community informed Cambodia, in its capacity of ASEAN Co-ordinator for relations with the Union, of its decision to apply for accession to the Treaty subject to the understandings expressed in the letter.

On 28 May 2009, Thailand, then Chair of ASEAN, declared the consent of all the States in Southeast Asia to the accession to the Treaty by the Union and the European Community, subject to the entry into force of the Third Protocol to the Treaty. The latter was signed on 23 July 2010 and provides for the accession of regional organisations to the Treaty.

The Union should therefore accede to the Treaty following the entry into force of the Third Protocol to the Treaty.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 37 in conjunction with Article 31(1) of Treaty on European Union (TFEU).

CONTENT: under the proposal, the accession of the Union to the Treaty of Amity and Cooperation in Southeast Asia is hereby approved on behalf of the Union.

Principles: as well as in matters of common ideals and aspirations of international peace and stability in the region, the Treaty also aims to promote:

• the active cooperation in the economic, social, technical, scientific and administrative fields;
• the acceleration of the economic growth in the region in order to strengthen the foundation for a prosperous and peaceful community of nations in Southeast Asia;
• the expansion of their trade and the improvement of their economic infrastructure for the mutual benefit of their peoples;
• the improvement of their economic infrastructure for the mutual benefit of their peoples.

The texts of the Treaty and its three amending Protocols, as well as the Instrument of Accession to the Treaty by the Union, are attached to this Decision. For further details concerning the content of these texts please refer to the initial legislative proposal dated 16/02/2012.

BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.