# Council Decision of 10 May 2010 on the signing, on behalf of the European Union, and provisional application of the Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part (2013/40/EU), Attachment

Extent: E+W+S+N.I.

JOINT INTERPRETATIVE DECLARATION CONCERNING ARTICLES 45 AND 46
The Parties are democracies. They wish to work together to promote their shared values to the world. Their Agreement is a signal of their shared determination to promote democracy, human rights, non-proliferation, and counter-terrorism throughout the world. The implementation of this Agreement between the Parties sharing the same values shall therefore be based on the principles of dialogue, mutual respect, equal partnership, multilateralism, consensus, and respect for international law.
The Parties agree that for the purpose of the correct interpretation and practical application of this Agreement, the term ‘appropriate measures’ in Article 45(3) are measures proportionate to the failure to implement obligations under this Agreement. Measures may be taken with regard to this Agreement or to a specific agreement falling under the common institutional framework. In the selection of measures priority must be given to those which least disrupt the functioning of the agreements, taking account of possible use of domestic remedies where available.
The Parties agree that for the purpose of the correct interpretation and practical application of this Agreement, the term ‘cases of special urgency’ in Article 45(4) means a case of a material breach of this Agreement by one of the Parties. A material breach consists in either repudiation of this Agreement not sanctioned by the general rules of international law or a particularly serious and substantial violation of an essential element of the Agreement. The Parties shall assess a possible material breach of Article 4(2), taking account of the official position, where available, of the relevant international agencies.
In respect of Article 46, where measures have been taken with respect to a specific agreement falling under the common institutional framework, any relevant dispute settlement procedures of the specific agreement shall apply with regard to the procedure of implementing the decision of the arbitration panel in cases where the arbitrators decide that the measure was not justified or proportionate.

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Source: https://www.legislation.gov.uk/eudn/2013/40/attachment/1/attachment (the official version)
Page: https://openlegislation.uk/eu-decision-2013-40/attachment-1/attachment
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.