18.2.2009 EN Official Journal of the European Union L 47/5 COUNCIL DIRECTIVE 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (Codified version) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Whereas: (1) Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Directive should be codified. (2) Most Member States have ratified the European Convention for the protection of animals kept for farming purposes. The Community has also approved this Convention by Council Decision 78/923/EEC (4). (3) Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (5) establishes Community provisions applying to all farmed animals in relation to construction requirements for animal housing, insulation, heating and ventilation conditions, equipment inspection and inspection of livestock. It is therefore necessary to deal with these matters in this Directive when more detailed requirements have to be established. (4) Pigs, being live animals, are included in the list of products set out in Annex I to the Treaty. (5) The keeping of pigs is an integral part of agriculture. It constitutes a source of revenue for part of the agricultural population. (6) Differences which may distort conditions of competition interfere with the smooth running of the organisation of the common market in pigs and pig products. (7) There is therefore a need to establish common minimum standards for the protection of pigs kept for rearing and fattening in order to ensure rational development of production. (8) Pigs should benefit from an environment corresponding to their needs for exercise and investigatory behaviour. The welfare of pigs appears to be compromised by severe restrictions of space. (9) When pigs are kept in groups, appropriate management measures for their protection should be taken to improve their welfare. (10) Sows prefer to have social interactions with other pigs when provided with freedom of movement and environmental complexity. Keeping sows in continuous close confinement should therefore be prohibited. (11) Tail-docking, tooth-clipping and tooth-grinding are likely to cause immediate pain and some prolonged pain to pigs. Castration is likely to cause prolonged pain which is worse if there is tearing of the tissues. Those practices are therefore detrimental to the welfare of pigs, especially when carried out by incompetent and inexperienced persons. As consequence, rules should be laid down to ensure better practices. (12) A balance should be kept between the various aspects to be taken into consideration, as regarding welfare including health, economic and social considerations, and also environmental impact. (13) It is necessary for official services, producers, consumers and others to be kept informed of developments in this field. The Commission should therefore, on the basis of an opinion from the European Food Safety Authority, actively pursue scientific research into the best pig-rearing system(s) from the point of view of pig welfare. Provision should accordingly be made for an interim period to enable the Commission to complete this task successfully. (14) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6). (15) This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive lays down the minimum standards for the protection of pigs confined for rearing and fattening. Article 2 For the purposes of this Directive, the following definitions shall apply: 1. ‘pig’ means an animal of the porcine species, of any age, kept for breeding or fattening; 2. ‘boar’ means a male pig after puberty, intended for breeding; 3. ‘gilt’ means a female pig after puberty and before farrowing; 4. ‘sow’ means a female pig after the first farrowing; 5. ‘farrowing sow’ means a female pig between the perinatal period and the weaning of the piglets; 6. ‘dry pregnant sow’ means a sow between weaning her piglets and the perinatal period; 7. ‘piglet’ means a pig from birth to weaning; 8. ‘weaner’ means a pig from weaning to the age of 10 weeks; 9. ‘rearing pig’ means a pig from 10 weeks to slaughter or service; 10. ‘competent authority’ means a competent authority within the meaning of Article 2(6) of Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (7). Article 3 1. Member States shall ensure that all holdings comply with the following requirements: (a) the unobstructed floor area available to each weaner or rearing pig kept in a group, excluding gilts after service and sows, must be at least: Live weight (kg) m2 Not more than 10 0,15 More than 10 but not more than 20 0,20 More than 20 but not more than 30 0,30 More than 30 but not more than 50 0,40 More than 50 but not more than 85 0,55 More than 85 but not more than 110 0,65 More than 110 1,00 (b) the total unobstructed floor area available to each gilt after service and to each sow when gilts and/or sows are kept in groups must be at least 1,64 m2 and 2,25 m2 respectively. When these animals are kept in groups of fewer than six individuals the unobstructed floor area must be increased by 10 %. When these animals are kept in groups of 40 or more individuals the unobstructed floor area may be decreased by 10 %. 2. Member States shall ensure that flooring surfaces comply with the following requirements: (a) for gilts after service and pregnant sows: a part of the area required in paragraph 1(b), equal to at least 0,95 m2 per gilt and at least 1,3 m2 per sow, must be of continuous solid floor of which a maximum of 15 % is reserved for drainage openings; (b) when concrete slatted floors are used for pigs kept in groups: (i) the maximum width of the openings must be: — 11 mm for piglets, — 14 mm for weaners, — 18 mm for rearing pigs, — 20 mm for gilts after service and sows; (ii) the minimum slat width must be: — 50 mm for piglets and weaners, and — 80 mm for rearing pigs, gilts after service and sows. 3. Member States shall ensure that the construction of or conversion to installations in which sows and gilts are tethered is prohibited. From 1 January 2006 the use of tethers for sows and gilts shall be prohibited. 4. Member States shall ensure that sows and gilts are kept in groups during a period starting from four weeks after the service to one week before the expected time of farrowing. The pen where the group is kept must have sides greater than 2,8 m in length. When fewer than six individuals are kept in a group the pen where the group is kept must have sides greater than 2,4 m in length. By way of derogation from the first subparagraph, sows and gilts raised on holdings with fewer than 10 sows may be kept individually during the period mentioned in that subparagraph, provided that they can turn around easily in their boxes. 5. Member States shall ensure that, without prejudice to the requirements laid down in Annex I, sows and gilts have permanent access to manipulable material at least complying with the relevant requirements of that Annex. 6. Member States shall ensure that sows and gilts kept in groups are fed using a system which ensures that each individual can obtain sufficient food even when competitors for the food are present. 7. Member States shall ensure that all dry pregnant sows and gilts, in order to satisfy their hunger and given the need to chew, are given a sufficient quantity of bulky or high-fibre food as well as high-energy food. 8. Member States shall ensure that pigs that have to be kept in groups, that are particularly aggressive, that have been attacked by other pigs or that are sick or injured may temporarily be kept in individual pens. In this case the individual pen used shall allow the animal to turn around easily if this is not in contradiction with specific veterinary advice. 9. The provisions laid down in paragraphs 1(b), 2, 4, 5 and the last sentence of paragraph 8 shall apply to all holdings newly built or rebuilt or brought into use for the first time after 1 January 2003. From 1 January 2013 those provisions shall apply to all holdings. The provisions laid down in the first subparagraph of paragraph 4 shall not apply to holdings with fewer than 10 sows. Article 4 Member States shall ensure that the conditions for rearing pigs comply with the general provisions laid down in Annex I. Article 5 The provisions of Annex I may be amended in accordance with the procedure referred to in Article 11(2), in order to take account of scientific progress. Article 6 Member States shall ensure that: (a) any person who employs or engages persons to attend to pigs ensures that the person attending to the animals has received instructions and guidance on the relevant provisions of Article 3 and Annex I; (b) appropriate training courses are available. In particular such training courses must focus on welfare aspects. Article 7 1. Preferably before 1 January 2005 and in any event by 1 July 2005, the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the European Food Safety Authority. The report shall be drawn up taking into account the socioeconomic consequences, the sanitary consequences, the environmental effects and different climatic conditions. It shall also take into account the development of techniques and systems of pig production and meat processing which would be likely to reduce the need to resort to surgical castration. If need be, the report shall be accompanied by appropriate legislative proposals on the effects of different space allowances and floor types applicable to the welfare of weaners and rearing pigs. 2. Not later than 1 January 2008 the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the European Food Safety Authority. The report shall cover in particular: (a) the effects of stocking density, including group size and methods of grouping the animals, in different farming systems on the welfare, including health, of pigs; (b) the impact of stall design and different flooring types on the welfare, including health, of pigs, taking into account different climatic conditions; (c) the risk factors associated with tail-biting and recommendations to reduce the need for tail-docking; (d) further developments of group-housing systems for pregnant sows, taking account both of pathological, zootechnical, physiological and ethological aspects of the various systems and of their health and environmental impact and of the different climatic conditions; (e) the determination of space requirements, including the service area for individually housed adult breeding boars; (f) further developments of loose-house systems for sows in the service area and for farrowing sows which meet the needs of the sow without compromising piglet survival; (g) consumers’ attitudes and behaviour towards pigmeat in the event of different levels of improvement in the welfare of the animals; (h) socioeconomic implications of the various systems of rearing pigs and their effects on the Community’s economic partners. The report may, if necessary, be accompanied by appropriate legislative proposals. Article 8 1. Member States shall ensure that inspections are carried out under the responsibility of the competent authority in order to check that the provisions of this Directive are being complied with. These inspections, which may be carried out on the occasion of checks made for other purposes, shall each year cover a statistically representative sample of the different rearing systems used in each Member State. 2. The Commission shall, in accordance with the procedure referred to in Article 11(2), draw up a code of rules to be applied in carrying out the inspections provided for in paragraph 1 of this Article. 3. Every two years, by the last working day in April and for the first time by 30 April 1996, Member States shall inform the Commission of the results of the inspections carried out during the previous two years in accordance with this Article, including the number of inspections carried out in proportion to the number of holdings in their territory. Article 9 In order to be imported into the Community, animals coming from a third country must be accompanied by a certificate issued by the competent authority of that country, certifying that they have received treatment at least equivalent to that granted to animals of Community origin as provided for by this Directive. Article 10 Veterinary experts from the Commission may, where necessary for the uniform application of this Directive, carry out on-the-spot checks in cooperation with the competent authorities. The persons carrying out these checks shall implement the special personal hygiene measures necessary to exclude any risk of transmission of disease. The Member State in the territory of which a check is being carried out shall give all necessary assistance to the experts in carrying out their duties. The Commission shall inform the competent authority of the Member State concerned of the results of the checks. The competent authority of the Member State concerned shall take any measures which may prove necessary to take account of the results of the check. With regard to relations with third countries, the provisions of Chapter III of Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries (8) shall apply. General rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 11(2). Article 11 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (9), hereinafter referred to as ‘the Committee’. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. Article 12 Member States may, in compliance with the general rules of the Treaty, maintain or apply within their territories stricter provisions for the protection of pigs than those laid down in this Directive. They shall inform the Commission of any such measures. Article 13 Directive 91/630/EEC, as amended by the Acts listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III. Article 14 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 15 This Directive is addressed to the Member States. Done at Brussels, 18 December 2008. For the Council The President M. BARNIER (1) OJ C 146 E, 12.6.2008, p. 78. (2) OJ L 340, 11.12.1991, p. 33. (3) See Annex II, Part A. (4) OJ L 323, 17.11.1978, p. 12. (5) OJ L 221, 8.8.1998, p. 23. (6) OJ L 184, 17.7.1999, p. 23. (7) OJ L 224, 18.8.1990, p. 29. (8) OJ L 268, 24.9.1991, p. 56. (9) OJ L 31, 1.2.2002, p. 1. ANNEX I CHAPTER I GENERAL CONDITIONS In addition to the relevant provisions of the Annex to Directive 98/58/EC, the following requirements apply: 1. In the part of the building where pigs are kept continuous noise levels as loud as 85 dBA shall be avoided. Constant or sudden noise shall be avoided. 2. Pigs must be kept in light with an intensity of at least 40 lux for a minimum period of eight hours per day. 3. The accommodation for pigs must be constructed in such a way as to allow the animals to: — have access to a lying area physically and thermally comfortable as well as adequately drained and clean which allows all the animals to lie at the same time, — rest and get up normally, — see other pigs; however, in the week before the expected farrowing time and during farrowing, sows and gilts can be kept out of the sight of conspecifics. 4. Notwithstanding Article 3(5), pigs must have permanent access to a sufficient quantity of material to enable proper investigation and manipulation activities, such as straw, hay, wood, sawdust, mushroom compost, peat or a mixture of such, which does not compromise the health of the animals. 5. Floors must be smooth but not slippery so as to prevent injury to the pigs and so designed, constructed and maintained as not to cause injury or suffering to pigs. They must be suitable for the size and weight of the pigs and, if no litter is provided, form a rigid, even and stable surface. 6. All pigs must be fed at least once a day. Where pigs are fed in groups and not ad libitum or by an automatic system feeding the animals individually, each pig must have access to the food at the same time as the others in the group. 7. All pigs over two weeks of age must have permanent access to a sufficient quantity of fresh water. 8. All procedures intended as an intervention carried out for other than therapeutic or diagnostic purposes or for the identification of the pigs in accordance with relevant legislation and resulting in damage to or the loss of a sensitive part of the body or the alteration of bone structure shall be prohibited with the following exceptions: — a uniform reduction of corner teeth of piglets by grinding or clipping not later than the seventh day of life of the piglets leaving an intact smooth surface; boars’ tusks may be reduced in length where necessary to prevent injuries to other animals or for safety reasons, — docking of a part of the tail, — castration of male pigs by other means than tearing of tissues, — nose-ringing only when the animals are kept in outdoor husbandry systems and in compliance with national legislation. Neither tail-docking nor reduction of corner teeth must be carried out routinely but only where there is evidence that injuries to sows’ teats or to other pigs’ ears or tails have occurred. Before carrying out these procedures, other measures shall be taken to prevent tail-biting and other vices, taking into account environment and stocking densities. For this reason inadequate environmental conditions or management systems must be changed. Any of the procedures described above shall only be carried out by a veterinarian or a person trained as provided in Article 6 and experienced in performing the applied techniques with appropriate means and under hygienic conditions. If castration or docking of tails is practised after the seventh day of life, it shall only be performed under anaesthetic and additional prolonged analgesia by a veterinarian. CHAPTER II SPECIFIC PROVISIONS FOR VARIOUS CATEGORIES OF PIGS A. Boars Boar pens must be sited and constructed so as to allow the boar to turn round and to hear, smell and see other pigs. The unobstructed floor area available to an adult boar must be at least 6 m2. Where pens are also used for natural service the floor area available to an adult boar must be at least of 10 m2 and the pen must be free of any obstacles. B. Sows and gilts 1. Measures shall be taken to minimise aggression in groups. 2. Pregnant sows and gilts must, if necessary, be treated against external and internal parasites. If they are placed in farrowing crates, pregnant sows and gilts must be thoroughly cleaned. 3. In the week before the expected farrowing time sows and gilts must be given suitable nesting material in sufficient quantity unless it is not technically feasible for the slurry system used in the establishment. 4. An unobstructed area behind the sow or gilt must be available for the ease of natural or assisted farrowing. 5. Farrowing pens where sows are kept loose must have some means of protecting the piglets, such as farrowing rails. C. Piglets 1. A part of the total floor, sufficient to allow the animals to rest together at the same time, must be solid or covered with a mat, or be littered with straw or any other suitable material. 2. Where a farrowing crate is used, the piglets must have sufficient space to be able to be suckled without difficulty. 3. No piglets shall be weaned from the sow at less than 28 days of age unless the welfare or health of the dam or the piglet would otherwise be adversely affected. However, piglets may be weaned up to seven days earlier if they are moved into specialised housings which are emptied and thoroughly cleaned and disinfected before the introduction of a new group and which are separated from housings where sows are kept, in order to minimise the transmission of diseases to the piglets. D. Weaners and rearing pigs 1. When pigs are kept in groups, measures must be taken to prevent fighting which goes beyond normal behaviour. 2. They should be kept in groups with as little mixing as possible. If pigs unfamiliar with one another have to be mixed, this should be done at as young an age as possible, preferably before or up to one week after weaning. When pigs are mixed they shall be provided with adequate opportunities to escape and hide from other pigs. 3. When signs of severe fighting appear the causes shall be immediately investigated and appropriate measures taken, such as providing plentiful straw to the animals, if possible, or other materials for investigation. Animals at risk or particularly aggressive animals shall be kept separate from the group. 4. The use of tranquillising medicaments in order to facilitate mixing shall be limited to exceptional conditions and only after consultation with a veterinarian. ANNEX II PART A Repealed Directive with its successive amendments (referred to in Article 13) Council Directive 91/630/EEC (OJ L 340, 11.12.1991, p. 33) Council Directive 2001/88/EC (OJ L 316, 1.12.2001, p. 1) Commission Directive 2001/93/EC (OJ L 316, 1.12.2001, p. 36) Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1) only Annex III, point 26 PART B List of time limits for transposition into national law (referred to in Article 13) Directives Time limit for transposition 91/630/EEC 1 January 1994 2001/88/EC 1 January 2003 2001/93/EC 1 January 2003 ANNEX III CORRELATION TABLE Directive 91/630/EEC This Directive Articles 1 and 2 Articles 1 and 2 Article 3, introductory wording — Article 3, point 1 Article 3(1) Article 3, point 2 Article 3(2) Article 3, point 3 Article 3(3) Article 3, point 4(a) Article 3(4), first subparagraph Article 3, point 4(b) Article 3(4), second subparagraph Article 3, point 5 Article 3(5) Article 3, point 6 Article 3(6) Article 3, point 7 Article 3(7) Article 3, point 8 Article 3(8) Article 3, point 9 Article 3(9) Article 4(1), first subparagraph Article 4 Article 4(1), second subparagraph — Article 4(2) — Article 5 Article 5 Article 5a, introductory wording Article 6, introductory wording Article 5a, point 1 Article 6(a) Article 5a, point 2 Article 6(b) Article 6 Article 7 Article 7 Article 8 Article 8 Article 9 Article 9 Article 10 Article 10 Article 11 Article 11(1) — Article 11(2) Article 12 — Article 13 — Article 14 Article 12 Article 15 Annex Annex I — Annex II — Annex III

Summary: Protection of pigs Protection of pigs SUMMARY OF: Directive 2008/120/EC — minimum standards for the protection of pigs WHAT IS THE AIM OF THE DIRECTIVE? It seeks to lay down minimum standards for the protection of pigs. KEY POINTS As well as laying down standards for the protection of pigs, the directive also lays down rules with regard to painful operations in particular: castration, caudal amputation (docking), the elimination of corner teeth, etc. Scope Minimum standards apply to all categories of pigs kept for rearing and fattening:piglets (from birth to weaning);weaners (from weaning to 10 weeks old);fatteners (more than 10 weeks old);sows and gilts (a female pig after puberty but has not given birth);boars (male pigs after puberty, intended for breeding) and so on. These animals are to be raised in groups, apart from some exceptions (farrowing sows, boars). Farmers must implement measures aimed at fulfilling basic needs and preventing aggression within the group. In particular, pigs must have permanent access to a sufficient quantity of enrichment material in order to stimulate exploratory behaviour. Sows and gilts if necessary, pregnant sows and gilts must be treated against parasites. Tethered sows and gilts has been prohibited since 1 January 2006. One week before farrowing, sows and gilts can be isolated. An unobstructed area must be available for natural or assisted farrowing. Boxes must be equipped with piglet protection systems. Piglets (unweaned) Piglets cannot be weaned from the sow before they are 28 days old unless the welfare or health of the dam or the piglet would otherwise be harmed. Weaned piglets and rearing pigs Measures must be taken to ensure that the animals do not fight. Pigs are to be kept in groups and must not be mixed (except before weaning or during the week following weaning, if necessary). Aggressive animals are to be kept away from the group (as are injured animals). Tranquilising medicaments are only to be used to facilitate mixing in exceptional conditions and after consultation with a veterinarian. Painful operations on animals A veterinarian or ‘carer’ trained in aspects relating to animal welfare is authorised to carry out the following:reduction of piglets’ corner teeth;docking of tails (before the seventh day of life or after this age if carried out by a veterinarian and under anaesthesia and with additional prolonged analgesia);castration of males (before the seventh day of life or after this age if carried out by a veterinarian and under anaesthesia and with additional prolonged analgesia);nose-ringing in outdoor husbandry systems. The docking of tails or the reduction of corner teeth must not be carried out routinely but only where there is evidence that injury to sows’ teats or to other pigs’ ears or tails has occurred. Before carrying out these procedures, other measures must be taken to prevent tail biting and other vices, taking into account environment and stocking densities. For this reason, inadequate environmental conditions or management systems must be changed. Health Sick or injured pigs are to be placed in individual enclosures. Feed The directive provides for standards concerning feeding in ‘sufficient quantity’ and ‘permanent’ access to drinking water. All pigs must have access to food at the same time as other animals in the group. Animals must be fed at least once a day. Accommodation Standards concerning floor area are set according to the weight of the animal:between 0.15 m2 for pigs weighing less than 10 kg and 1 m2 per animal over 110 kg;1.64 m2 per gilt;2.25 m2 per sow;6 m2 for a boar (10 m2 if the boar is used for natural services). Some accommodation standards have only applied since 1 January 2013 (for buildings constructed before 2003 or after the date of accession to the EU). Floors must be smooth but not slippery so as to prevent injury to the animals. The lying area must be comfortable, clean and dry. Environment Continuous noise as loud as 85 dB is to be avoided. Light intensity is to be at least 40 lux for 8 hours. Inspections EU countries must carry out inspections each year on a statistically representative sample. The European Commission may send veterinary experts to make on-the-spot checks in the farms with the assistance of national inspectors. Specific rules EU countries may apply stricter rules on their own territory than those laid down in this directive. In this case, they must inform the Commission of any such measures beforehand. Official controls regulation Regulation (EU) 2017/625, the EU’s new legislation on the official controls of human food and animal feed, amends certain minor technical details of the directive. These changes will apply from 14 December 2019. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 10 March 2009. The Directive 2008/120/EC is the codified version of Directive 91/630/EEC and its subsequent amendments. EU countries had to incorporate the original Directive 91/630/EEC into national law by 1994 (and its amendments by 2003). BACKGROUND For more information, see: Pigs (European Commission). MAIN DOCUMENT Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (codified version) (OJ L 47, 18.2.2009, pp. 5–13) RELATED DOCUMENTS Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, pp. 1–142) Successive amendments to Regulation (EU) 2017/625 have been incorporated into the original document. This consolidated version is of documentary value only. last update 23.10.2017


27.8.1994 EN Official Journal of the European Communities L 223/24 COOPERATION AGREEMENT between the European Community and the Republic of India on partnership and development THE COUNCIL OF THE EUROPEAN UNION, on the one part, THE GOVERNMENT OF INDIA, on the other part, CONSIDERING the excellent relations and traditional links of friendship between the European Community and its Member States, hereinafter referred to as ‘the Community’, and the Republic of India, hereinafter referred to as ‘India’; RECOGNIZING the importance of strengthening the links and enhancing the partnership between the Community and India; HAVING REGARD to the foundations for close cooperation between India and the Community laid by the first Agreement between India and the Community signed on 17 December 1973 and later developed by the Agreement for Commercial and Economic Cooperation signed on 23 June 1981; NOTING with satisfaction the achievements resulting from these Agreements; REAFFIRMING the importance they attach to the principles of the United Nations Charter and the respect of democratic principles and human rights; INSPIRED by their common will to consolidate, deepen and diversify their relations in areas of mutual-interest on the basis of equality, non-discrimination and mutual benefit; RECOGNIZING the positive consequences of the process of economic reforms for modernization of the economy undertaking in India for enhancing commercial and economic relations between India and the Community; DESIROUS of creating favourable conditions for a substantial development and diversification of trade and industry between the Community and India, within the framework of the more dynamic relationship which both India and the Community desire, which will further, in their mutual interest and consistently with their developmental needs, investment flows, commercial and economic cooperation in areas of mutual interest including science and technology, and foster cultural cooperation; HAVING REGARD TO the need to support Indian efforts for economic development especially improving the living conditions of the poor; CONSIDERING the importance attached by the Community and India to the protection of the environment on a global and on a local level and to the sustainable use of natural resources and recognizing the linkage between the environment and development; TAKING INTO ACCOUNT their membership of the General Agreement on Tariffs and Trade (GATT), the importance of its principles and of the need to uphold and reinforce the rules which promote free and unhindered trade in a stable, transparent and non-discriminatory manner; BELIEVING that relations between them have developed beyond the scope of the Agreement concluded in 1981; THE COUNCIL OF THE EUROPEAN UNION: Willy CLAES, Minister for External Relations of the Kingdom of Belgium, President-in-Office of the Council of the European Union, Manuel MARIN, Member of the Commission of the European Communities, THE GOVERNMENT OF INDIA: Pranab MUKHERJEE, Minister for Trade, HAVE AGREED AS FOLLOWS: Article 1 Basis and objectives 1. Respect for human rights and democratic principles is the basis for the cooperation between the Contracting Parties and for the provisions of this Agreement, and it constitutes an essential element of the Agreement. 2. The principal objective of this Agreement is to enhance and develop, through dialogue and partnership, the various aspects of cooperation between the Contracting Parties in order to achieve a closer and upgraded relationship. This cooperation will focus in particular on: — further development and diversification of trade and investment in their mutual interest, taking into account their respective economic situations; — facilitation of better mutual understanding and strengthening of ties between the two regions in respect of technical, economic and cultural matters; — building up of India's economic capability to interact more effectively with the Community; — acceleration of the pace of India's economic development, supporting India's efforts in building up its economic capabilities, by way of provision of resources and technical assistance by the Community within the framework of its cooperation policies and regulations, in particular to improve the living conditions of the poorer sections of the population; — development in their mutual interest of existing and new forms of economic cooperation directed at promoting and facilitating exchanges and connections between their business communities, taking into account the implementation of Indian economic reforms and opportunities for the creation of a suitable environment for investment; — support of environmental protection and sustainable management of natural resources. 3. The Contracting Parties acknowledge the value in the light of the objectives of this Agrement of consulting each other on international, economic and commercial issues of mutual interest. Article 2 Most-favoured-nation treatment The Community and India shall grant each other most-favoured-nation treatment in their trade in accordance with the provisions of the General Agreement on Tariffs and Trade. Article 3 Trade and commercial cooperation 1. In the interest of strengthening new relations in a dynamic and complementary way, thereby providing mutual benefits, the Contracting Parties undertake to develop and diversify their commercial exchanges and to improve market access, to the highest possible degree, in a manner compatible with their economic situations. 2. The Contracting Parties are committed to a policy for improving the terms of access for their products to each other's markets. In this context, they shall grant each other the highest degree of liberalization of imports and exports which they generally apply to third countries and they agree to examine ways and means of eliminating barriers to trade between them, notably non-tariff barriers, taking account of the work already done in this connection by international organizations. 3. The Contracting Parties agree to promote the exchange of information about mutually beneficial market opportunities and to hold consultations in a constructive spirit on the issues of tariff, non-tariff, services, health, safety or environmental measures, and technical requirements. 4. The Contracting Parties agree to improve cooperation in customs matters between the respective authorities, especially in professional training, the simplification and harmonization of customs procedures, and the prevention, investigation and suppression of infractions of customs regulations. 5. The Contracting Parties also undertake to give consideration, each in accordance with its laws, to exempting from duty, tax and other charges, goods admitted temporarily to their territories for subsequent re-export unaltered or for goods which re-enter their territories after processing in the other Contracting Party which is not sufficient for the goods to be treated as originating from the territory of that Contracting Party. 6.1. The Contracting Parties agree to consult each other on any dispute which may arise in connection with trade. If the Community or India request such consultation, it shall take place at the earliest opportunity. The Contracting Party making the request shall provide the other Party with all information necessary for a detailed examination of the situation. Attempts shall be made through such consultations to resolve trade disputes as rapidly as possible. 6.2. In respect of anti-dumping or subsidies investigations, each Contracting Party agrees to examine submissions made by the other Contracting Party and to inform the interested parties concerned of the essential facts and considerations on the basis of which a decision is to be based. Before definitive anti-dumping and countervailing duties are imposed, the Contracting Parties shall do their utmost to bring about a constructive solution to the problem. 6.3. Paragraphs 6.1. and 6.2. shall be without prejudice to the Contracting Parties' rights and obligations under the GATT, which shall prevail in the event of any inconsistency. Article 4 Economic cooperation 1. The Contracting Parties undertake, in their mutual interests and in accordance with their respective policies and objectives, to foster economic cooperation of the widest possible scope in order to contribute to the expansion of their respective economies and their developmental needs. 2. The Contracting Parties agree that economic cooperation will involve three broad fields of action: (a) improving the economic environment in India by facilitating access to Community know-how and technology; (b) facilitating contacts between economic operators and other measures designed to promote commercial exchanges and investments; (c) reinforcing mutual understanding of their respective economic, social and cultural environment as a basis for effective cooperation. 3. In the broad fields described above, the aims shall be in particular to: — improve the economic environment and business climate, — cooperate in the protection of the environment and natural resources, — cooperate in the field of energy and energy efficiency, — cooperate in the field of telecommunications, information technology, and related matters, — cooperate in all aspects of industrial standards and intellectual property, — encourage technology transfer in other sectors of mutual benefit, — exchange information on monetary matters and the macro-economic environment, — reinforce and diversify economic links between them, — encourage the two-way flow of Community-Indian trade and investments, — activate industrial cooperation including agro-industry, — promote cooperation in order to develop agriculture, fisheries, mining, transport and communication, health, banking and insurance, tourism and other services, — encourage close cooperation between the private sectors of both regions, — promote cooperation in industrial and urban ecology, — promote support of undertaking by means of trade promotion and market development, — promote scientific and technological development, — promote training and specific training programmes, — cooperate in the fields of information and culture. Cooperation in a number of the abovementioned sectors is set out in more detail in Articles 5 to 15 included which follow. 4. The Contracting Parties shall consider in particular the following means to achieve these aims: — exchange of information and ideas, — preparation of studies, — provision of technical assistance, — training programmes, — establishment of links between research and training centres, specialized agencies and business organizations, — promotion of investment and joint ventures, — institutional development of public and private agencies and administrations, — access to each other's existing data bases and creation of new ones, — workshops and seminars, — exchanges of experts. 5. The Contracting Parties will determine together and to their mutual advantage the areas and priorities to be covered by concrete actions of economic cooperation, in conformity with their long-term objectives. In view of the importance of long-term enhancement of cooperation between the Community and India, no sector shall be excluded a priori from the field of economic cooperation. Article 5 Industry and services 1. The Contracting Parties shall: (a) identify sectors of industry on which cooperation will centre and the means to promote industrial cooperation with a heavy technological bias; (b) promote the expansion and diversification of India's production base in the industrial and service sectors, including modernization and reform of the public sector, directing their cooperation activities at small and medium-sized enterprises in particular and taking steps to facilitate their access to sources of capital, markets and technology directed especially towards promoting trade between the Contracting Parties as well as at third country markets. 2. The Contracting Parties shall facilitate, within the relevant existing rules, access to available information and capital facilities in order to encourage projects and operations promoting cooperation between firms, such as joint ventures, sub-contracting, transfer of technology, licences, applied research and franchises. Article 6 Private sector The Contracting Parties agree to promote the involvement of the private sector in their cooperation programmes in order to strengthen economic and industrial cooperation between themselves. The Contracting Parties shall take measures to: (a) encourage the private sectors of both geographical regions to find effective ways of joint consultations, results of which could then be transmitted to the Joint Commission, referred to in Article 22 of this Agreement, for the required follow-up action; (b) involve the private sectors of the Contracting Parties in activities developed within the framework of this Agreement. Article 7 Energy The Contracting Parties recognize the importance of the energy sector to economic and social development and undertake to step up cooperation relating particularly to the generation, saving and efficient use of energy. Such improved cooperation will include planning concerning energy, non-conventional energy including solar energy and the consideration of its environmental implications. Article 8 Telecommunications, electronics, and information and satellite technologies The Contracting Parties recognize the importance of cooperation in the fields of telecommunications, electronics, and information technologies which contribute to increased economic development and trade. Such cooperation may include: (a) standardization, testing and certification; (b) earth and space-based telecommunications; (c) electronics and micro-electronics; (d) information and automation; (e) high definition television; (f) research and development in new information technologies and telecommunications; (g) promotion of investment and joint investment. Article 9 Standards Without prejudice to their international obligations, within the scope of their responsibilities and in accordance with their laws, the Contracting Parties shall take steps to reduce differences in respect of metrology, standardization and certification by promoting the use of compatible systems of standards and certification. To that end, they shall encourage the following in particular: — establishing links between experts in order to facilitate exchanges of information and studies on metrology, standards, and quality control, promotion and certification, — encouraging interchange and contact between bodies and institutions specializing in these fields including consultations to ensure that standards do not constitute a barrier to trade, — promoting measures aimed at achieving mutual recognition of systems of quality certification, — developing technical assistance in connection with metrology, standards and certification, and in connection with quality promotion programmes, — providing technical assistance for institutional development to upgrade standards and quality certification organizations as well as for the setting up of a national accreditation scheme for conformity assessment in India. Article 10 Intellectual property The Contracting Parties undertake to ensure as far as their laws, regulations and policies allow that suitable and effective protection is provided for intellectual property rights, including patents, trade or service marks, copyright and similar rights, geographical designations (including marks of origin), industrial designs and integrated circuit topographies, reinforcing this protection where desirable. They also undertake, wherever possible, to facilitate access to the data bases of intellectual property organizations. Article 11 Investment 1. The Contracting Parties shall encourage an increase in mutually beneficial investment by establishing a favourable climate for private investments including better conditions for the transfer of capital and exchange of information on investment opportunities. 2. Taking into account work done in this area in relevant international fora, and recognizing in particular the recent signing by India of the Multilateral Investments Guarantee Agency (MIGA) Convention, the Contracting Parties agree to support the promotion and protection of investments between the Member States of the Community and India on the basis of the principles of non-discrimination and reciprocity. 3. The Contracting Parties undertake to encourage cooperation between their respective financial institutions. Article 12 Agriculture and fisheries The Contracting Parties agree to promote cooperation in agriculture and fisheries, including horticulture and food processing. To this end, they undertake to examine: (a) the opportunities for increasing trade in agricultural and fishery products; (b) health, plant and animal health, environmental measures and any obstacles to trade which they might engender; (c) the linkage between agriculture and the rural environment; (d) agricultural and fishery research. Article 13 Tourism The Contracting Parties agree to contribute to cooperation on tourism, to be achieved through specific measures, including: (a) interchange of information and the carrying out of studies; (b) training programmes; (c) promotion of investment and joint ventures. Article 14 Science and technology 1. The Contracting Parties will, in accordance with their mutual interest and aims of their development strategy in this area, promote scientific and technological cooperation including in high-level fields, e.g. life-sciences, bio-technology, new materials, and geo and marine sciences, with a view to: (a) fostering the transfer of know-how and stimulating innovation; (b) disseminating information and expertise in science and technology; (c) opening up opportunities for future economic, industrial and trade cooperation. This will be implemented through: (a) joint research projects between the Parties' research centres and other appropriate institutions; (b) exchange and trading of scientists and researchers, particularly promoting the establishment of permanent links between the scientific and technical communities of the Parties; (c) exchange of scientific information. 2. The Contracting Parties undertake to establish appropriate procedures to facilitate the greatest possible degree of participation by their scientists and research centres in the abovementioned cooperation. Article 15 Information and culture The Contracting Parties will cooperate in the fields of information and culture, both to create better mutual understanding and to strengthen cultural ties between the two regions. Such cooperation may include: (a) exchange of information on matters of cultural interest; (b) preparatory studies and technical assistance in the preservation of cultural heritage; (c) cooperation in the field of media and audio-visual documentation; (d) organizing cultural events and exchanges. Article 16 Development cooperation 1. The Community recognizes India's need for development assistance and is prepared to strengthen its cooperation and enhance its efficiency in order to contribute to India's own efforts in achieving sustainable economic development and social progress of its people through concrete projects and programmes. Community support will be in accordance with Community policies, regulations and limits of the financial means available for cooperation and be in accordance with an elaborated development strategy. 2. Projects and programmes will be targeted towards the poorer sections of the population. Particular attention will be given to rural development with participation of the groups to be targeted and, where appropriate, the involvement of qualified non-governmental organizations. Cooperation in this area will also cover the promotion of employment in rural towns, and of the role of women in development, with appropriate emphasis on their education and family welfare. 3. Public health, especially in the form of primary health care including control of both communicable and non-communicable diseases will also be covered. The aim will be to increase the quality of health care in India of the most disadvantaged sections of the population both in urban and in rural areas. 4. The cooperation will concentrate on mutually agreed priorities and will pursue project and programme efficiency, sustainability and respect for the environment. Article 17 Environment 1. The Contracting Parties recognize the need to take account of environmental protection as an integral part of economic and development cooperation. Moreover, they underline the importance of environmental issues and their will to establish cooperation in protecting and improving the environment with particular emphasis on water, soil and air pollution, erosion, deforestation and sustainable management of natural resources, taking into account the work done in international fora. Particular attention will be paid to: (a) the sustainable management of forest eco-systems; (b) protection and conservation of natural forests; (c) the strengthening of forestry institutes; (d) the finding of practical solutions to rural energy problems; (e) prevention of industrial pollution; (f) protection of the urban environment. 2. Cooperation in this area will centre on: (a) reinforcing and improving environmental protection institutions; (b) developing legislation and upgrading standards; (c) research, training and information; (d) executing studies and pilot programmes and providing technical assistance. Article 18 Human resource development The Contracting Parties recognize the importance of human resource development in improving economic development and the living conditions of the disadvantaged sections of the population. They agree that human resource development should constitute an integral part of both economic and development cooperation. In their mutual interest, particular attention should be paid to promoting cooperation between Community and Indian higher education and training institutes. Article 19 Drug abuse control 1. The Contracting Parties affirm their resolve, in conformity with their respective competences, to increase the efficiency of policies and measures, to counter the supply and distribution of narcotics and psychotropic substances as well as preventing and reducing drug abuse, taking into account work done in this connection by international bodies. 2. Cooperation between the Parties shall comprise the following: (a) training, education, health promotion and rehabilitation of addicts, including projects for the reintegration of addicts into work and social environments; (b) measures to encourage alternative economic opportunities; (c) technical, financial and administrative assistance in the monitoring of precursors trade, prevention, treatment and reduction of drug abuse; (d) exchange of all relevant information, including that relating to money laundering. Article 20 South-south and regional cooperation The Contracting Parties recognize their mutual interest in furthering economic and trade relations with other developing countries within a concept of regional and south-south cooperation. Article 21 Resources for undertaking cooperation The Contracting Parties will, within the limits of their available financial means and within the framework of their respective procedures and instruments, make available funds to facilitate the achievement of the aims set out in this Agreement especially as concerns economic cooperation. Concerning development aid, and within the framework of its programme in favour of Asian and Latin American (ALA) countries, the Community will support India's development programmes, through direct concessional transfers, as well as through institutional and other sources of finance in accordance with the rules and practices of such Community institutions. Article 22 Joint Commission 1. The Contracting Parties agree to retain the Joint Commission set up under Article 10 of the 1981 Agreement for Commercial and Economic Cooperation. 2. The Joint Commission is in particular required to: (a) ensure the proper functioning and implementation of the Agreement; (b) make suitable recommendations for promoting the objectives of the Agreement; (c) establish priorities in relation to the aims of the Agreement; (d) examine ways and means of enhancing the partnership and development cooperation in the areas covered by the Agreement. The Joint Commission shall be composed of representatives of both sides, at an appropriately high level. The Joint Commission shall normally meet every year, alternately in Brussels and New Delhi, on a date fixed by mutual agreement. Extraordinary meetings may be convened by agreement between the Contracting Parties. The Joint Commission may set up specialized sub-groups to assist in the performance of its tasks and to coordinate the formulation and implementation of projects and programmes within the framework of the Agreement. The agenda for meetings of the Joint Commission shall be determined by agreement between the Contracting Parties. The Contracting Parties agree that it shall also be the task of the Joint Commission to ensure the proper functioning of any sectoral agreements concluded or which may be concluded between the Community and India. Article 23 Consultations The Contracting Parties shall hold friendly consultations in the fields covered by the Agreement if any problem arises in the intervals between the meetings of the Joint Commission. These shall be dealt with by the specialized sub-groups according to their responsibilities or be the subject of ad hoc consultations. Article 24 Future developments 1. The Contracting Parties may, by mutual consent, expand this Agreement in order to enhance the level of cooperation and add to it by means of agreements on specific sectors or activities. 2. Within the framework of this Agreement, either of the Contracting Parties may put forward suggestions for expanding the scope of the cooperation, taking into account the experience gained in its application. Article 25 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 Communities to undertake bilateral activities with India in the framework of economic cooperation or to conclude, where appropriate, new economic cooperation agreements with India. Article 26 Facilities To facilitate cooperation within the framework of this Agreement, the Indian authorities will grant to Community officials and experts the guarantees and facilities necessary for the performance of their functions. The detailed provisions will be set out by way of a separate Exchange of Letters. Article 27 Territorial application This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in the Treaty and, on the other, to the territory of the Republic of India. Article 28 Annex The Annex attached to this Agreement shall form an integral part of the Agreement. Article 29 Entry into force and renewal This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose. Upon entry into force, it shall replace the Cooperation Agreements signed on 17 December 1973 and 23 June 1981. This Agreement is concluded for a period of five years. It shall be automatically renewed on a yearly basis unless one of the Contracting Parties denounces it six months before its expiry date. Article 30 Authentic texts This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish and Hindi languages, each text being equally authentic. En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Acuerdo. Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne aftale. Zu Urkunde dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Abkommen gesetzt. Σε πίστωση των ανωτέρω, οι υπογράφοντες πληρεξούσιοι έθεσαν την υπογραφή τους στην παρούσα συμφωνία. In witness whereof the undersigned Plenipotentiaries have signed this Agreement. En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent accord. In fede di che, i plenipotenziari sottoscritti hanno apposto le proprie firme in calce al presente accordo. Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Overeenkomst hebben gesteld. Em fé do que, os plenipotenciários abaixo assinados apuseram as suas assinaturas no final do presente acordo. Hecho en Bruselas, el veinte de diciembre de mil novecientos noventa y tres. Udfærdiget i Bruxelles den tyvende december nitten hundrede og treoghalvfems. Geschehen zu Brüssel am zwanzigsten Dezember neunzehnhundertdreiundneunzig. Έγινε στις Βρυξέλλες, στις είκοσι Δεκεμβρίου χίλια εννιακόσια ενενήντα τρία. Done at Brussels on the twentieth day of December in the year one thousand nine hundred and ninety-three. Fait à Bruxelles, le vingt décembre mil neuf cent quatre-vingt-treize. Fatto a Bruxelles, addì venti dicembre millenovecentonovantatré. Gedaan te Brussel, de twintigste december negentienhonderd drieënnegentig. Feito em Bruxelas, em vinte de Dezembro de mil novecentos e noventa e três. Por el Consejo de la Unión Europea For Rådet for Den Europæiske Union Für den Rat der Europäischen Union Για το Συμβούλιο της Ευρωπαϊκής Ένωσης For the Council of the European Union Pour le Conseil de l'Union européenne Per il Consiglio dell'Unione europea Voor de Raad van de Europese Unie Pelo Conselho da União Europeia Por el Gobierno de la India For regeringen for Indien Für die Regierung Indiens Για την κυβέρνηση της Ινδίας For the Government of India Pour le gouvernement de l'Inde Per il governo dell'India Voor de Regering van India Pelo Governo da Índia ANNEX Declaration of the Community concerning tariff adjustments The Community reaffirms its declaration annexed to the Cooperation Agreement signed on 23 June 1981 on the Generalized Scheme of Preferences (GSP) autonomously put into force by the European Economic Community on 1 July 1971 on the basis of Resolution 21 (II) of the second United Nations Conference on Trade and Development held in 1968. The Community also undertakes to examine proposals or issues related to origin rules raised by India which aim at enabling India to make best use of the opportunities afforded by the system. The Community is also willing to organize workshops in India for public and private users of the system with a view to ensuring maximum use of it. Declarations of the Community and India In the course of the negotiations on the Cooperation Agreement between the European Community and the Republic of India on Partnership and Development, the Community declared that subject to the provisions of Article 25 of the Agreement, the provisions of the Agreement shall replace provisions of agreements concluded between Member States of the Community and India where such agreements are either incompatible with or identical to the provisions of the Agreement. Further, the Community confirmed its declaration made at the occasion of the conclusion of the Cooperation Agreement signed on 23 June 1981: (a) that it is not its intention to withdraw the jute and coir products, which are presently covered at zero duty in the Generalized Scheme of Preferences which was autonomously put into force by the Community on 1 July 1971 on the basis of Resolution 21 (II) of the second United Nations Conference on Trade and Development held in 1968, and that is is not its intention to withdraw them from GSP in the foreseeable future; (b) that it is prepared, in the course of its endeavours to improve the system of generalized preferences to take into account the interests of India in the extension and strengthening of its trade relations with the Community. India took note of the declarations by the Community.

Summary: Partnerships with countries in the South Asian Association for Regional Cooperation Partnerships with countries in the South Asian Association for Regional Cooperation SUMMARY OF: Decision (EU) 2017/434 on the signing, on behalf of the EU, and provisional application of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and Afghanistan, of the other part Cooperation Agreement on Partnership and Development between the EU and its Member States, of the one part, and Afghanistan, of the other part Decision 2004/870/EC — conclusion of the Cooperation Agreement between the European Community and Pakistan Cooperation Agreement between the European Community and Pakistan on partnership and development fields Decision 2001/332/EC — conclusion of the Cooperation Agreement between the European Community and Bangladesh on partnership and development Cooperation Agreement between the European Community and Bangladesh on partnership and development Decision 95/129/EC — conclusion of the Cooperation Agreement between the European Community and Sri Lanka on Partnership and Development Cooperation Agreement between the European Community and Sri Lanka on partnership and development Decision 94/578/EC — conclusion of the Cooperation Agreement between the European Community and India on Partnership and Development Cooperation Agreement between the European Community and India on partnership and development WHAT IS THE AIM OF THESE AGREEMENTS AND DECISIONS? Between 1994 and 2017, the European Union (EU), previously European Community, concluded cooperation agreements with 6 countries of the South Asian Association for Regional Cooperation: Afghanistan, Bangladesh, India, Nepal, Pakistan and Sri Lanka. The agreement with Nepal is no longer in force. The agreements aim to develop the cooperation ties between the partners, while ensuring a respect for human rights and promoting democratic principles. The decisions conclude the agreements on behalf of the EU. KEY POINTS The main cooperation objectives concern: trade, with the aim of increasing, diversifying and liberalising trade. The parties agreed to open up their respective markets and to enhance their cooperation in customs matters in line with the principles of the World Trade Organization; the economy, in order to improve the business environment, dialogue between businesses, information sharing, and the training of entrepreneurs; sustainable development, specifically for social progress and combating poverty. The EU is to support the progress of partners in the fields of health, education, improving the standard of living, and promoting the role of women in society; developing human resources, vocational qualifications and promoting international standards on decent work; rural development, increasing trade in agricultural, fisheries and farmed products, including improving sanitary and phytosanitary measures. The agreements also provide specific objectives depending on the different needs of the country for: scientific and technological cooperation, which should lead to improvements in the technical assistance with Pakistan and Sri Lanka, Bangladesh’s quality and control standards, and the launching of joint research projects, researcher mobility, and sharing of scientific information (particularly in the fields of biotechnology, new materials and geosciences) with India; environmental protection, particularly to support Pakistan in natural resource management, erosion and deforestation; Bangladesh for reducing the risks of natural disasters; Sri Lanka for preventing industrial pollution, and India for drafting and implementing environmental legislation, research and training; improving the environment for private investment with India and Sri Lanka; developing industry and services with India and Pakistan; protecting intellectual property rights with India and Sri Lanka; cooperation in the fields of information, culture and communications with Pakistan and Bangladesh; promoting the energy sector with India and Pakistan, recognising the importance of the energy sector for their economic and social development; combating drug trafficking and money laundering, particularly with Pakistan and Bangladesh using special measures against the production and trafficking of drugs, and also preventing drug abuse; tourism with India, Pakistan and Sri Lanka, particularly through studies and information sharing; promoting human rights and gender equality and the involvement of civil society with Afghanistan; supporting peace and security with Afghanistan. DATE OF ENTRY INTO FORCE Country Entry into force Afghanistan provisional application since 1 December 2017 Pakistan 1 September 2004 Bangladesh 1 March 2001 Sri Lanka 1 April 1995 India 1 August 1994 BACKGROUND See also: Afghanistan and the EU (European External Action Service — EEAS) Bangladesh and the EU (EEAS) India and the EU (EEAS) Pakistan and the EU (EEAS) Sri Lanka and the EU (EEAS). MAIN DOCUMENTS Council Decision (EU) 2017/434 of 13 February 2017 on the signing, on behalf of the Union, and provisional application of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part (OJ L 67, 14.3.2017, pp. 1-2) Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part (OJ L 67, 14.3.2017, pp. 3-30) Council Decision 2004/870/EC of 29 April 2004 concerning the conclusion of the Cooperation Agreement between the European Community and the Islamic Republic of Pakistan (OJ L 378, 23.12.2004, p. 22) Cooperation Agreement between the European Community and the Islamic Republic of Pakistan on partnership and development fields (OJ L 378, 23.12.2004, pp. 23-36) 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 (OJ L 118, 27.4.2001, p. 47) Cooperation Agreement between the European Community and the People’s Republic of Bangladesh on partnership and development (OJ L 118, 27.4.2001, pp. 48-56) Council Decision 95/129/EC of 27 March 1995 concerning the conclusion of the Cooperation Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on Partnership and Development (OJ L 85, 19.4.1995, p. 32) Cooperation Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on partnership and development (OJ L 85, 19.4.1995, pp. 33-42) Council Decision 94/578/EC of 18 July 1994 concerning the conclusion of the Cooperation Agreement between the European Community and the Republic of India on Partnership and Development (OJ L 223, 27.8.1994, p. 23) Cooperation Agreement between the European Community and the Republic of India on partnership and development (OJ L 223, 27.8.1994, pp. 24-34) RELATED DOCUMENTS Notice concerning the provisional application of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part (OJ L 273, 24.10.2017, p. 1) last update 06.04.2020