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15.6.2012 Official
Journal
of
the
European
Union L
154/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION 2012/308/CFSP
of 26 April 2012
on the accession of the European Union to the Treaty of Amity and Cooperation in Southeast Asia
THE COUNCIL OF THE EUROPEAN UNION,
(3) Furthermore,
the
Treaty
provides
for
enhancing
cooperation in economic, trade, social, technical and
scientific fields as well as for the acceleration of
Having regard to the Treaty on European Union, and in
economic growth in the region by promoting a greater
particular Article 37 in conjunction with Article 31(1) thereof,
utilisation of the agriculture and industries of the nations
in Southeast Asia, the expansion of their trade and the
Having regard to the Treaty on the Functioning of the European
improvement of their economic infrastructure. Therefore,
Union, and in particular Articles 209 and 212 in conjunction
the Treaty promotes cooperation with the developing
with Article 218(6)(a) and Article 218(8), second subparagraph,
countries of that region as well as economic, financial
thereof,
and technical cooperation with countries other than
developing countries.
Having regard to the joint proposal of the High Representative
of the Union for Foreign Affairs and Security Policy and of the
(4) The
Council,
at
its
meeting
of
4-5
December
2006,
auth
European Commission,
orised the Presidency and the Commission to negotiate
the Union’s and the European Community’s accession to
the Treaty.
Having regard to the consent of the European Parliament,
(5) By
letter
dated
7
December
2006,
the
Union
and
the
Whereas:
European Community informed Cambodia, in its
capacity of ASEAN Coordinator for relations with the
(1) The
Treaty
of
Amity
and
Cooperation
in
Southeast
Asia
Union, of its decision to apply for accession to the
(‘the Treaty’) was signed on 24 February 1976 by the
Treaty subject to the understandings expressed in the
Republic of Indonesia, Malaysia, the Republic of the Phil
letter.
ippines, the Republic of Singapore and the Kingdom of
Thailand. Since the date of signature, the following
countries have also become signatories of the Treaty:
(6) On
28
May
2009,
Thailand,
then
Chair
of
ASEAN,
Brunei Darussalam, the Kingdom of Cambodia, the Lao
declared the consent of all the States in Southeast Asia
People’s Democratic Republic, Burma/Myanmar, the
to the accession to the Treaty by the Union and the
Socialist Republic of Vietnam, the Independent State of
European Community, subject to the entry into force
Papua New Guinea, the People’s Republic of China, the
of the Third Protocol to the Treaty.
Republic of India, Japan, the Islamic Republic of Pakistan,
the Republic of Korea, the Russian Federation, New
(7) The
Third
Protocol
to
the
Treaty,
signed
on
23
July
Zealand, Mongolia, the Commonwealth of Australia,
2010, provides for the accession of regional organi
the French Republic, the Democratic Republic of East
sations to the Treaty.
Timor, the People’s Republic of Bangladesh, the Demo
cratic Socialist Republic of Sri Lanka, the Democratic
People’s Republic of Korea, the United States of
(8) The
Union
should
therefore
accede
to
the
Treaty
America, the Republic of Turkey and Canada.
following the entry into force of the Third Protocol to
the Treaty,
(2) The
Treaty
aims
to
promote
peace,
stability
and
cooperation in the region. To this end, it calls for the
HAS ADOPTED THIS DECISION:
settlement of disputes by peaceful means, the preser
vation of peace, the prevention of conflicts and the
Article 1
strengthening of security in Southeast Asia. Hence, the
rules and principles set out in the Treaty correspond to
The accession of the Union to the Treaty of Amity and
the objectives of the Union’s common foreign and
Cooperation in Southeast Asia is hereby approved on behalf
security polity.
of the Union.

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L 154/2
EN
Official Journal of the European Union
15.6.2012
The texts of the Treaty and its three amending Protocols, as well
Article 3
as the Instrument of Accession to the Treaty by the Union, are
attached to this Decision.
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 26 April 2012.
Article 2
The Council hereby authorises the High Representative of the
For the Council
Union for Foreign Affairs and Security Policy to sign and
deposit the Instrument of Accession to the Treaty on behalf
The President
of the Union.
M. BDSKOV

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EN
15.6.2012 Official
Journal
of
the
European
Union L
154/3
Treaty of Amity and Cooperation in Southeast Asia
Indonesia, 24 February 1976
The High Contracting Parties:
CONSCIOUS of the existing ties of history, geography and culture, which have bound their peoples together;
ANXIOUS to promote regional peace and stability through abiding respect for justice and the rule or law and enhancing
regional resilience in their relations;
DESIRING to enhance peace, friendship and mutual cooperation on matters affecting Southeast Asia consistent with the
spirit and principles of the Charter of the United Nations, the Ten Principles adopted by the Asian-African Conference in
Bandung on 25 April 1955, the Declaration of the Association of Southeast Asian Nations signed in Bangkok on
8 August 1967, and the Declaration signed in Kuala Lumpur on 27 November 1971;
CONVINCED that the settlement of differences or disputes between their countries should be regulated by rational,
effective and sufficiently flexible procedures, avoiding negative attitudes which might endanger or hinder cooperation;
BELIEVING in the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the
furtherance of world peace, stability and harmony;
SOLEMNLY AGREE to enter into a Treaty of Amity and Cooperation as follows:
1.1.1.1. CHAPTER I: PURPOSE AND PRINCIPLES
Article 1
The purpose of this Treaty is to promote perpetual peace, everlasting amity and cooperation among their
peoples which would contribute to their strength, solidarity and closer relationship,
Article 2
In their relations with one another, the High Contracting Parties shall be guided by the following funda
mental principles:
(a) Mutual respect for the independence, sovereignty, equality, territorial integrity and national identity of all
nations;
(b) The right of every State to lead its national existence free from external interference, subversion or
coercion;
(c) Non-interference in the internal affairs of one another;
(d) Settlement of differences or disputes by peaceful means;
(e) Renunciation of the threat or use of force;
(f) Effective cooperation among themselves.
1.1.1.2. CHAPTER II: AMITY
Article 3
In pursuance of the purpose of this Treaty the High Contracting Parties shall endeavour to develop and
strengthen the traditional, cultural and historical ties of friendship, good neighbourliness and cooperation
which bind them together and shall fulfil in good faith the obligations assumed under this Treaty. In order
to promote closer understanding among them, the High Contracting Parties shall encourage and facilitate
contact and intercourse among their peoples.

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L 154/4
EN
Official Journal of the European Union
15.6.2012
1.1.1.3. CHAPTER III: COOPERATION
Article 4
The High Contracting Parties shall promote active cooperation in the economic, social, technical, scientific
and administrative fields as well as in matters of common ideals and aspirations of international peace and
stability in the region and all other matters of common interest.
Article 5
Pursuant to Article 4 the High Contracting Parties shall exert their maximum efforts multilaterally as well as
bilaterally on the basis of equality, non-discrimination and mutual benefit.
Article 6
The High Contracting Parties shall collaborate for 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.
To this end, they shall promote the greater utilisation of their agriculture and industries, the expansion of
their trade and the improvement of their economic infrastructure for the mutual benefit of their peoples. In
this regard, they shall continue to explore all avenues for close and beneficial cooperation with other States
as well as international and regional organisations outside the region.
Article 7
The High Contracting Parties, in order to achieve social justice and to raise the standards of living of the
peoples of the region, shall intensify economic cooperation. For this purpose, they shall adopt appropriate
regional strategies for economic development and mutual assistance.
Article 8
The High Contracting Parties shall strive to achieve the closest cooperation on the widest scale and shall
seek to provide assistance to one another in the form of training and research facilities in the social, cultural,
technical, scientific and administrative fields.
Article 9
The High Contracting Parties shall endeavour to foster cooperation in the furtherance of the cause of peace,
harmony, and stability in the region. To this end, the High Contracting Parties shall maintain regular
contacts and consultations with one another on international and regional matters with a view to coor
dinating their views actions and policies.
Article 10
Each High Contracting Party shall not in any manner or form participate in any activity which shall
constitute a threat to the political and economic stability, sovereignty, or territorial integrity of another
High Contracting Party.
Article 11
The High Contracting Parties shall endeavour to strengthen their respective national resilience in their
political, economic, socio-cultural as well as security fields in conformity with their respective ideals and
aspirations, free from external interference as well as internal subversive activities in order to preserve their
respective national identities.
Article 12
The High Contracting Parties in their efforts to achieve regional prosperity and security, shall endeavour to
cooperate in all fields for the promotion of regional resilience, based on the principles of self-confidence,
self-reliance, mutual respect, cooperation and solidarity which will constitute the foundation for a strong
and viable community of nations in Southeast Asia.

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EN
15.6.2012 Official
Journal
of
the
European
Union L
154/5
1.1.1.4. CHAPTER IV: PACIFIC SETTLEMENT OF DISPUTES
Article 13
The High Contracting Parties shall have the determination and good faith to prevent disputes from arising.
In case disputes on matters directly affecting them should arise, especially disputes likely to disturb regional
peace and harmony, they shall refrain from the threat or use of force and shall at all times settle such
disputes among themselves through friendly negotiations.
Article 14
To settle disputes through regional processes, the High Contracting Parties shall constitute, as a continuing
body, a High Council comprising a Representative at ministerial level from each of the High Contracting
Parties to take cognisance of the existence of disputes or situations likely to disturb regional peace and
harmony.
Article 15
In the event no solution is reached through direct negotiations, the High Council shall take cognisance of
the dispute or the situation and shall recommend to the parties in dispute appropriate means of settlement
such as good offices, mediation, inquiry or conciliation. The High Council may however offer its good
offices, or upon agreement of the parties in dispute, constitute itself into a committee of mediation, inquiry
or conciliation. When deemed necessary, the High Council shall recommend appropriate measures for the
prevention of a deterioration of the dispute or the situation.
Article 16
The foregoing provision of this Chapter shall not apply to a dispute unless all the parties to the dispute
agree to their application to that dispute. However, this shall not preclude the other High Contracting Parties
not party to the dispute from offering all possible assistance to settle the said dispute. Parties to the dispute
should be well disposed towards such offers of assistance.
Article 17
Nothing in this Treaty shall preclude recourse to the modes of peaceful settlement contained in Article 33(l)
of the Charter of the United Nations. The High Contracting Parties which are parties to a dispute should be
encouraged to take initiatives to solve it by friendly negotiations before resorting to the other procedures
provided for in the Charter of the United Nations.
1.1.1.5. CHAPTER V: GENERAL PROVISION
Article 18
This Treaty shall be signed by the Republic of Indonesia, Malaysia, the Republic of the Philippines, the
Republic of Singapore and the Kingdom of Thailand. It shall be ratified in accordance with the constitu
tional procedures of each signatory State. It shall be open for accession by other States in Southeast Asia.
Article 19
This Treaty shall enter into force on the date of the deposit of the fifth instrument of ratification with the
Governments of the signatory States which are designated Depositories of this Treaty and the instruments of
ratification or accession.
Article 20
This Treaty is drawn up in the official languages of the High Contracting Parties, all of which are equally
authoritative. There shall be an agreed common translation of the texts in the English language. Any
divergent interpretation of the common text shall be settled by negotiation.
IN FAITH THEREOF the High Contracting Parties have signed the Treaty and have hereto affixed their Seals.
Done at Denpasar, Bali, this twenty-fourth day of February in the year one thousand nine hundred and
seventy-six.

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L 154/6
EN
Official Journal of the European Union
15.6.2012
Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia
Philippines, 15 December 1987
The Government of Brunei Darussalam
The Government of the Republic of Indonesia
The Government of Malaysia
The Government of the Republic of the Philippines
The Government of the Republic of Singapore
The Government of the Kingdom of Thailand
DESIRING to further enhance cooperation with all peace-loving nations, both within and outside Southeast Asia and, in
particular, neighbouring States of the Southeast Asia region;
CONSIDERING paragraph 5 of the preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at
Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity) which refers to the need for
cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace,
stability and harmony;
HEREBY AGREE TO THE FOLLOWING:
Article 1
Article 18 of the Treaty of Amity shall be amended to read as follows:
‘This Treaty shall be signed by the Republic of Indonesia, Malaysia, the Republic of the Philippines, the
Republic of Singapore and the Kingdom of Thailand. It shall be ratified in accordance with the
constitutional procedures of each signatory State.
It shall be open for accession by other States in Southeast Asia.
States outside Southeast Asia may also accede to this Treaty by the consent of all the States in
Southeast Asia which are signatories to this Treaty and Brunei Darussalam.’
Article 2
Article 14 of the Treaty of Amity shall be amended to read as follows:
‘To settle disputes through regional processes, the High Contracting Parties shall constitute, as a
continuing body, a High Council comprising a Representative at ministerial level from each of the
High Contracting Parties to take cognisance of the existence of disputes or situations likely to disturb
regional peace and harmony.
However, this article shall apply to any of the States outside Southeast Asia which have acceded to the
Treaty only in cases where that state is directly involved in the dispute to be settled through the
regional processes.’
Article 3
This Protocol shall be subject to ratification and shall come into force on the date the last instrument of
ratification of the High Contracting Parties is deposited.
Done at Manila, the fifteenth day of December in the year one thousand nine hundred and eighty-seven.

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EN
15.6.2012 Official
Journal
of
the
European
Union L
154/7
Second Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia
Manila, Philippines, 25 July 1998
The Government of Brunei Darussalam
The Government of the Kingdom of Cambodia
The Government of the Republic of Indonesia
The Government of the Lao People’s Democratic Republic
The Government of Malaysia
The Government of the Union of Myanmar
The Government of the Republic of the Philippines
The Government of the Republic of Singapore
The Government of the Kingdom of Thailand
The Government of the Socialist Republic of Vietnam
The Government of Papua New Guinea
Hereinafter referred to as the High Contracting Parties:
DESIRING to ensure that there is appropriate enhancement of cooperation with all peace-loving nations, both within and
outside Southeast Asia and, in particular, neighbouring States of the Southeast Asia region;
CONSIDERING paragraph 5 of the preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at
Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity) which refers to the need for
cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace,
stability and harmony;
HEREBY AGREE TO THE FOLLOWING:
Article 1
Article 18, paragraph 3, of the Treaty of Amity shall be amended to read as follows:
‘States outside Southeast Asia may also accede to this Treaty with the consent of all the States in
Southeast Asia, namely, Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the
Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines,
the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Vietnam.’
Article 2
This Protocol shall be subject to ratification and shall come into force on the date the last instrument of
ratification of the High Contracting Parties is deposited.
Done at Manila, the twenty-fifth day of July in the year one thousand nine hundred and ninety-eight.

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L 154/8
EN
Official Journal of the European Union
15.6.2012
Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia
Ha Noi, Viet Nam, 23 July 2010
Brunei Darussalam
Kingdom of Cambodia
The Republic of Indonesia
The Lao People’s Democratic Republic
Malaysia
The Union of Myanmar
The Republic of the Philippines
The Republic of Singapore
The Kingdom of Thailand
The Socialist Republic of Vietnam
The Commonwealth of Australia
The People’s Republic of Bangladesh
The People’s Republic of China
The Democratic People’s Republic of Korea
The French Republic
The Republic of India
Japan
Mongolia
New Zealand
The Islamic Republic of Pakistan
Papua New Guinea
The Republic Of Korea
The Russian Federation
The Democratic Socialist Republic of Sri Lanka
The Democratic Republic of Timor-Leste
The Republic of Turkey
The United States of America
Hereinafter referred to as the High Contracting Parties:
DESIRING to ensure that there is appropriate enhancement of cooperation with all peace-loving nations, both within and
outside Southeast Asia and, in particular, neighbouring States of the Southeast Asia region, as well as with regional
organisations whose members are only sovereign States;
CONSIDERING paragraph 5 of the preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at
Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity) which refers to the need for
cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace,
stability and harmony;

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EN
15.6.2012 Official
Journal
of
the
European
Union L
154/9
HEREBY AGREE TO THE FOLLOWING:
Article 1
Article 18, paragraph 3, of the Treaty of Amity shall be amended to read as follows:
‘This Treaty shall be open for accession by States outside Southeast Asia and regional organisations
whose members are only sovereign States with the consent of all the States in Southeast Asia, namely,
Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic
Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore,
the Kingdom of Thailand and the Socialist Republic of Vietnam.’
Article 2
Article 14, paragraph 2, of the Treaty of Amity shall be amended to read as follows:
‘However, this article shall apply to any of the High Contracting Parties which have acceded to the
Treaty only in cases where that High Contracting Party is directly involved in the dispute to be settled
through the regional processes.’
Article 3
This Protocol shall be subject to ratification and shall come into force on the date of the last instrument of
ratification of the High Contracting Parties is deposited.
Done at Hanoi, Viet Nam, the twenty-third day of July in the year two thousand and ten in a single copy in
the English language.

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L 154/10
EN
Official Journal of the European Union
15.6.2012
Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by the European Union
WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed on 24 February 1976
in Bali, Indonesia, was amended by the First, the Second and the Third Protocols Amending the Treaty of
Amity and Cooperation in Southeast Asia, which were signed on 15 December 1987, 25 July 1998 and
23 July 2010 respectively;
WHEREAS Article 18, paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Third
Protocol provides that regional organisations whose members are only sovereign States may accede to the
Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of
Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of
Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the
Socialist Republic of Viet Nam;
WHEREAS the Minister of Foreign Affairs of Finland and the Member of the European Commission
responsible for External Relations and the European Neighbourhood Policy lodged an application for the
accession of the European Union to the Treaty through the letter dated 7 December 2006;
WHEREAS the States in Southeast Asia have consented to the accession of the European Union to the Treaty;
The European Union hereby accedes to the Treaty of Amity and Cooperation in Southeast Asia with effect
of the date of deposit of this instrument.
IN WITNESS WHEREOF, this Instrument of Accession is signed by the [TITLE].
Done at [place], [country], this [date] day of [month] in the year two thousand and [year].
For the European Union

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