Political Dialogue and Co-operation Agreement between the European Community and
its Member States, of the one part, and the Andean Community
and its Member States, Bolivia, Colombia, Ecuador, Peru and Venezuela, of the other part
Quito, October 15, 2003
CONSIDERING the traditional historical and cultural links
between the Parties and the desire to strengthen their relations, building on
the existing mechanisms that govern relations between the Parties;
CONSIDERING that this new Political Dialogue and Co-operation
Agreement should mean a qualitative advance in the depth and range of European
Union and Andean Community relations, including new areas of interest of both
Parties;
REAFFIRMING their respect for democratic principles and
fundamental human rights as set out in the Universal Declaration of Human Rights
and for international humanitarian law;
RECALLING their commitment to the principles of the rule of
law and good governance;
CONVINCED of the importance of the fight against illicit
drugs and related crimes, based on the principles of shared responsibility,
comprehensiveness, balance and multilateralism;
HIGHLIGHTING their commitment to work together in pursuit of
the objectives of poverty eradication, social justice and cohesion, equitable
and sustainable development, including aspects of vulnerability to natural
disasters, environmental conservation and protection and biodiversity,
strengthening the respect for human rights, democratic institutions and good
governance and the progressive integration of Andean countries into the
world economy;
EMPHASIZING the importance the Parties attach to the
consolidation of the political dialogue on bilateral, regional and international
issues of common interest as well as to the dialogue mechanisms, as already
stated in the Joint Declaration on political dialogue between the European Union
and the Andean Community signed in Rome on 30 June 1996;
HIGHLIGHTING the need to strengthen the programme of
co-operation governed by the Framework Agreement on Co-operation between the
European Economic Community and the Cartagena Agreement and its member
countries, namely the Republic of Bolivia, the Republic of Colombia, the
Republic of Ecuador, the Republic of Peru and the Republic of Venezuela signed
in 1993, hereinafter referred to as the 1993 Framework Co-operation
Agreement;
RECOGNIZING the need to deepen the process of regional
integration, trade liberalisation and economic reform within the Andean
Community and to step up efforts towards conflict prevention in order to
establish the Andean Peace Zone, in line with the Lima Commitment, Andean
Charter for Peace and Security, Limit and Control of External Defence
Expenditure;
AWARE of the need to promote sustainable development in the
Andean region through a development partnership involving all relevant
stakeholders, including organised civil society and the private sector, in line
with the principles set out in the Monterrey Consensus and the Johannesburg
Declaration, and its Plan for Implementation;
CONVINCED of the need to establish co-operation on migration,
asylum and refugee issues;
EMPHASIZING the will to co-operate in international fora;
AWARE of the need to consolidate European Union- Andean
Community relations in order to reinforce the mechanisms supporting their
relationship with a view to facing up to the new dynamics of international
relations in a global and interdependent world; and
BEARING IN MIND the strategic partnership developed between
the European Union and Latin America and the Caribbean in the context of the
1999 Rio Summit and reaffirmed at the 2002 Madrid Summit; in this framework
reiterate the need to encourage the exchanges necessary to create the conditions
for strengthened relations built on solid and mutually beneficial foundations
between the European Union and the Andean Community;
THE PARTIES HAVE DECIDED TO CONCLUDE THIS AGREEMENT:
TITLE I
OBJECTIVES, NATURE AND SCOPE OF THE AGREEMENT
Article I
Principles
1. Respect for democratic principles and fundamental human
rights, as laid down in the Universal Declaration of Human Rights, as well as
for the principle of the rule of law, underpins the internal and international
policies of both Parties and constitutes an essential element of this Agreement.
2. The Parties confirm their commitment to the promotion of
sustainable development and to contribute to reaching the Millennium Development
Goals.
3. The Parties reaffirm their attachment to the principles of
good governance and the fight against corruption.
Article 2
Objectives and Scope
1. The Parties confirm their joint objective of strengthening
and deepening their relations in all fields covered by this Agreement by
developing their political dialogue and reinforcing their co-operation.
2. The Parties confirm their joint objective of working
towards creating conditions under which, building on the outcome of the
Doha Work Programme, a feasible and mutually beneficial Association Agreement,
including a Free Trade Agreement, could be negotiated between them.
3. Implementation of this Agreement should help to create
these conditions by striving for political and social stability, deepening the
regional integration process and reducing poverty within a sustainable
development framework in the Andean Community.
4. This Agreement governs the political dialogue and
co-operation between the Parties and contains the necessary institutional
arrangements for its application.
5. The Parties undertake to periodically assess progress,
taking account of progress achieved before the entry into force of the
Agreement.
TITLE II
POLITICAL DIALOGUE
Article 3
Objectives
1. The Parties agree to reinforce their regular
political dialogue on the basis of the principles set out in the Framework
Co-operation Agreement of 1993 and the Rome Declaration of 1996 between the
Parties.
2. The Parties agree that political dialogue shall cover all
aspects of mutual interest and any other international issue. It shall prepare
the way for new initiatives for pursuing common goals and establishing common
ground in areas such as security, regional development and stability, conflict
prevention and resolution, human rights, ways of strengthening democratic
governance, the fight against corruption, sustainable development, illegal
migration, counter-terrorism and the global problem of illicit drugs, including
chemical precursors, asset laundering and the trafficking of small and light
weapons in all its aspects. It shall also provide a basis for initiatives to be
taken and support efforts to develop initiatives, including co-operation,
and actions throughout the Latin American region.
3. The Parties agree that political dialogue shall enable a
broad exchange of information and shall provide a forum for joint initiatives at
international level.
Article 4
Mechanisms
The Parties agree that their political dialogue shall be
conducted:
(a) where appropriate and agreed by both Parties, at Heads of
State or Government level;
(b) at ministerial level;
(c) at senior-official level;
(d) at working level;
and shall make maximum use of diplomatic channels.
Article 5
Co-operation in the field of foreign and security policy
The Parties shall, as far as possible, co-operate in the
field of foreign and security policy and co-ordinate their positions and take
joint initiatives in the appropriate international fora.
TITLE III
CO-OPERATION
Article 6
Objectives
1. The Parties agree that the co-operation foreseen in the
1993 Framework Co-operation Agreement shall be strengthened and broadened to
other areas. It shall focus on the following objectives:
(a) strengthening of peace and security;
(b) promotion of political and social stability through the
strengthening of democratic governance and respect for human rights;
(c) deepening of the process of regional integration among
the countries within the Andean region with a view to contributing to their
social, political and economic development including productive capacity
building and the strengthening of their export capacity;
(d) poverty reduction, generation of greater social and
regional cohesion, promotion of more equitable access to social services and
the rewards of economic growth ensuring an appropriate balance between
economic, social and environmental components in a sustainable development
context.
2. The Parties agree that co-operation shall take account of
cross-cutting aspects relating to economic and social development, including
issues such as gender, respect for indigenous populations, natural disaster
prevention and response, environmental conservation and protection, biodiversity
and foster research and technological development. Regional integration shall
also be considered as a cross-cutting theme and in that regard co-operation
actions at national level should be compatible with the process of regional
integration.
3. The Parties agree that measures aimed at contributing to
regional integration in the Andean region and strengthening inter-regional
relations between the Parties shall be encouraged.
Article 7
Means
The Parties agree that co-operation shall be implemented by
means of technical assistance, studies, training, exchanges of information and
expertise, meetings, seminars, research projects, infrastructure development,
use of new financial mechanisms or any other means agreed by the Parties in the
context of the area of co-operation, the objectives pursued and the means
available, in conformity with the norms and regulations that apply to this
co-operation.
Article 8
Co-operation in the field of human rights, democracy and good governance
The Parties agree that co-operation in this field shall
actively support governments and representatives of organised civil society
through actions, in particular in the following areas:
(a) promotion of human rights, the democratic process and
good governance, including the management of electoral processes;
(b) strengthening of the rule of law and the good and
transparent management of public affairs, including the fight against
corruption at local, regional and national levels;
(c) guaranteeing an independent and efficient judicial
system;
(d) implementation and dissemination of the Andean Charter
for the Promotion and Protection of Human Rights.
Article 9
Co-operation in the field of conflict prevention
1. The Parties agree that co-operation in this field shall
promote and sustain a comprehensive peace policy, including the prevention and
resolution of conflicts. This policy shall be based on the principle of
commitment and participation of society and shall focus primarily on developing
regional, sub-regional and national capacities. It shall ensure equal political,
economic, social and cultural opportunity for all segments of society, reinforce
democratic legitimacy, promote social cohesion and the effective
management of public affairs, establish effective mechanisms for peaceful
conciliation of interests of different groups, and encourage an active and
organised civil society.
2. Co-operation activities may include, among others, the
provision of support to mediation, negotiation and reconciliation processes, the
regional management of shared natural resources, disarmament, demobilisation and
social reinsertion of former members of illegal armed groups, efforts in the
field of child soldiers (United Nations Convention on the Rights of the Child),
measures to combat antipersonnel mines, the realisation of training programs on
the issue of border controls, as well as the support to the enforcement and
dissemination of the Commitment of Lima, Andean Charter for Peace and Security,
Limitation and Control of External Defence Expenditure.
3. The parties shall also cooperate in the field of
prevention and combat of illegal traffic of small arms and light weapons with
the aim of developing, among others, coordination of actions to strengthen legal
and institutional cooperation, as well as the collection and destruction of
illicit small arms and light weapons in civilian hands.
Article 10
Co-operation in the field of modernisation of the state and public
administration
1. The Parties agree that the objective of co-operation in
this field shall be to modernise public administration in the Andean countries,
including supporting the processes of decentralisation and organisational
changes resulting from the process of Andean integration. In general, the aim
shall be to improve organisational efficiency, to ensure transparent management
of public resources and accountability, as well as to improve the legal and
institutional framework, based on best practices of both parties and taking
advantage of the experience gained through the development of policies and
instruments in the European Union.
2. This co-operation may include, among other things,
programmes aimed at building capacities for policy design and implementation
(public service delivery, budget composition and execution, prevention of and
fight against corruption, and organised civil society involvement), and
reinforcing judiciary systems.
Article 11
Co-operation in the field of regional integration
1. The Parties agree that co-operation in this field shall
reinforce the process of regional integration within the Andean Community, in
particular the development and implementation of its common market.
2. Co-operation shall support the development and
strengthening of common institutions in the Member countries of the Andean
Community and shall promote closer co-operation between the institutions
concerned. To strengthen institutional co-operation in issues of integration,
broadening and deepening reflection on the following fields: analysis and
promotion of integration; publications; graduate studies in integration;
scholarships, and internships.
3. Co-operation shall also promote the development of common
policies and the harmonisation of the legal framework, including sectoral
policies such as trade, customs, energy, transport, communications, environment
and competition, as well as the co-ordination of macroeconomic policies in areas
such as monetary policy, fiscal policy and public finance.
4. More specifically, it may include, but not be limited to
the provision of trade related technical assistance for:
(a) the consolidation and implementation of the Andean
customs union;
(b) the reduction and elimination of obstacles to the
development of intra-regional trade;
(c) the simplification, modernisation, harmonisation and
integration of customs and transit regimes and provision of support in terms
of development of legislation, norms and professional training; and
(d) the establishment of an intra-regional common market
covering free movement of goods, services, capital and people, as well as
other complementary measures required to guarantee its full implementation.
5. The Parties further agree that the Andean policies
regarding border integration and development are an essential element for the
strengthening and consolidation of the subregional and regional integration
process.
Article 12
Regional co-operation
The Parties agree to use all existing co-operation
instruments to promote activities aimed at developing active and reciprocal
co-operation between the European Union and Andean Community and between Andean
countries and other countries/regions in Latin America and the Caribbean in
areas such as trade and investment promotion, environment, natural disaster
prevention and response, research, energy, transport, communications
infrastructure and regional development and land use planning.
Article 13
Trade co-operation
In view of their common objective to work towards
establishing the conditions under which building upon the outcome of the Doha
Work Programme, a feasible and mutually beneficial Association Agreement,
including a Free Trade Agreement, could be negotiated between them, the Parties
agree that co-operation in trade shall promote capacity-building of the Andean
countries for increased competitiveness enabling a better participation in the
European market and the world economy.
Given this objective, trade related technical assistance
should include activities in the field of trade facilitation and customs (such
as simplification of procedures, modernisation of customs administrations and
training of officials), technical standards, sanitary and phytosanitary,
intellectual property rights, investment, services, government procurement,
dispute-settlement systems, etc. It shall foster the development and
diversification of the intra-regional trade to the highest possible level, and
encourage the active participation of the Andean region in the multilateral
trade negotiations in the context of the World Trade Organisation.
Trade related technical assistance should also foster the
identification and elimination of obstacles that prevent the development of
trade.
An additional purpose may be to promote and support, among
others, the following activities:
- trade promotion activities, including adequate exchanges
between enterprises from both sides;
- trade missions;
- market analysis;
- how to best adapt the local production to the demand of
external markets.
Article 14
Co-operation in the field of services
The Parties agree to strengthen their co-operation in the
field of services, in conformity with the rules of General Agreement on Trade
and Services (GATS), reflecting the increasing importance of services for the
development and diversification of their economies. Increased co-operation shall
be aimed at improving the competitiveness of the Andean Community services
sector and facilitating its increased participation in world trade in services
in a manner consistent with sustainable development. The Parties shall identify
the services sectors on which co-operation will centre. Activities shall be
geared, among other things, to the regulatory environment, as well as to access
to sources of capital and technology.
Article 15
Co-operation on intellectual property
The Parties agree that co-operation in this field shall be
aimed at promoting investment, technology transfer, dissemination of
information, cultural and creative activities and related economic activities as
well as access and benefits sharing. Both Parties undertake to grant, within
their respective laws, regulations and policies, adequate and effective
protection of intellectual property rights in accordance with the highest
international standards.
Article 16
Co-operation on public procurement
The parties agree that co-operation in this field shall aim
to promote reciprocal, open, non-discriminatory and transparent procedures for
respective government and public sector procurement at all levels.
Article 17
Co-operation in the field of competition policy
The Parties agree that co-operation in the field of
competition policy shall promote the effective establishment and application of
competition rules as well as the dissemination of information in order to foster
transparency and legal certainty for enterprises operating in the Andean
Community market.
Article 18
Customs co-operation
1. The Parties agree that co-operation in this field shall be
aimed at guaranteeing compliance with the provisions of the World Trade
Organisation in connection with trade and sustainable development and achieving
compatibility of the customs system of both Parties in order to facilitate trade
between the Parties.
2. Co-operation may include the following:
(a) simplification and harmonisation of import and export
documentation based on international standards, including use of simplified
declarations;
(b) improvement of customs procedures, through methods such
as risk assessment, simplified procedures for entry and release of goods,
granting of authorised trader status, using electronic data interchange (EDI)
and automated systems;
(c) measures to improve transparency and appeal procedures
against customs decisions and rulings;
(d) mechanisms to ensure regular consultation with the
trade community on import and export regulations and procedures.
3. The Parties agree to study, within the institutional
framework established by this Agreement, the conclusion of a mutual assistance
protocol on customs matters.
Article 19
Co-operation on technical regulations and conformity assessment
1. The Parties agree that co-operation on standards,
technical regulations and on conformity assessments is a key objective for the
development of trade, in particular with regard to intra-regional trade.
2. Co-operation between the Parties shall promote efforts in:
(a) regulatory co-operation;
(b) alignment of technical regulations on the basis of
international and European standards; and
(c) creating a regional notification system, a network of
conformity assessment bodies operating on a non-discriminatory basis and
developing the use of accreditation.
3. In practice, co-operation shall:
(a) provide organisational and technical support to foster
the establishment of regional networks and bodies, and increase co-ordination
of policies to promote a common approach to the use of international and
regional standards with a view to promoting the adoption of compatible
technical regulations and conformity assessment procedures;
(b) encourage any measures aimed at bridging the gap
between the Parties in the areas of conformity assessment and standardisation,
notably the exchange of information on standards and conformity assessment and
type-approval; and
(c) encourage any measures designed to improve the
compatibility of the respective systems of the parties in the above areas
including transparency, good regulatory practices and the promotion of quality
standards for products and business practices.
Article 20
Industrial co-operation
1. The Parties agree that industrial co-operation shall
promote the modernisation and restructuring of Andean industry and individual
sectors, as well as industrial co-operation between economic operators, with the
objective of strengthening the private sector under conditions that ensure that
the environment is protected.
2. Industrial co-operation initiatives shall reflect the
priorities determined by both Parties. They shall take into account the regional
aspects of industrial development, promoting trans-national partnerships where
relevant. Initiatives shall seek in particular to establish a suitable framework
for improving management know-how and promoting transparency as regards markets
and conditions for business undertakings.
Article 21
Co-operation in the field of small and medium-sized and micro-enterprise
development
The Parties agree to promote a favourable environment for the
development of small and medium-sized and micro-enterprises, in particular by:
(a) promoting contacts between economic operators,
encouraging joint investments and joint ventures and information networks
through existing horizontal programmes;
(b) facilitating access to channels of finance, providing
information and stimulating innovation.
(c) facilitating technological transfer
(d) identification and studying of marketing channels
Article 22
Co-operation on agriculture, forestry and rural development
The Parties agree to promote mutual co-operation in the
agriculture, forestry and rural development sectors with a view to promoting
diversification, environmentally sound practices and sustainable economic and
social development and food security. To this end the Parties shall examine:
(a) measures aimed at enhancing the quality of agricultural
products, capacity building, technology transfers, measures for producer
associations and supporting trade promotion activities;
(b) environmental health, animal and plant health measures
and other related aspects, taking account of the legislation in force for both
Parties and their respective international obligations resulting notably from
World Trade Organisation and multilateral environmental agreement rules;
(c) measures relating to sustainable economic and social
development of rural territories, including environmentally sound practices,
forestry, research, access to land, sustainable rural development and food
security;
(d) measures relating to preservation and promotion of
traditional activities based on the specific identities of rural populations
and communities, such as exchange of experiences and partnerships, development
of joint ventures and co-operation networks between local agents or economic
operators.
Article 23
Fisheries and aquaculture co-operation
The Parties agree to develop economic and technical
co-operation in the fisheries and aquaculture sectors, especially in
aspects such as the sustainable exploitation, management and conservation of
fisheries resources, including environmental impact assessment. Co-operation
should also include areas such as the processing industry and facilitation of
trade. Co-operation in the fisheries sector could lead to the conclusion of
bilateral fisheries agreements between the Parties or between the European
Community and one or more Member countries of the Andean Community and/or to the
conclusion of multilateral fisheries agreements between the Parties.
Article 24
Co-operation on mining
The Parties agree that co-operation in the field of mining,
taking into account aspects of environmental conservation, shall focus
principally on the following:
(a) promoting the participation of enterprises from both
Parties in the sustainable exploration and exploitation of minerals, as well
as in their use, in accordance with the legislation of both Parties;
(b) promoting exchanges of information, experience and
technology relating to mining exploration and exploitation;
(c) promoting exchanges of experts and performing joint
research to increase opportunities for technological development;
(d) developing measures to promote investment in this
field;
(e) developing measures to ensure environmental integrity
and corporate environmental responsibility in this sector.
Article 25
Energy co-operation
1. The Parties agree that their joint objective will be to
foster co-operation in the field of energy, including consolidating economic
relations in key sectors such as hydroelectricity, oil and gas, renewable
energy, energy saving technology, rural electrification and regional integration
of energy markets, taking into consideration that the Andean countries are
already implementing electricity interconnection projects.
2. Co-operation may include, in particular, the following:
(a) energy policy issues, including inter-connected
infrastructures of regional importance, improvement and diversification of
supply and improvement of access to energy markets, including facilitation of
transit, transmission and distribution;
(b) management and training for the energy sector and
transfer of technology and know-how;
(c) promotion of energy saving, energy efficiency,
renewable energy and studying of the environmental impact of energy production
and consumption;
(d) co-operation initiatives between undertakings in this
sector.
Article 26
Transport co-operation
1. The Parties agree that co-operation in this field shall
focus on restructuring and modernising transport and related infrastructure
systems, improving the movement of passengers and goods and providing better
access to urban, air, maritime, inland waterways, rail and road transport
markets by refining the management of transport from the operational and
administrative points of view and by promoting high operating standards.
2. Co-operation may include the following:
(a) exchanges of information on the Parties� policies,
especially regarding urban transport and the interconnection and
interoperability of multimodal transport networks and other issues of mutual
interest;
(b) the management of inland waterways, roads, railways,
ports and airports, including appropriate co-operation between the relevant
authorities;
(c) co-operation projects for transfer of European
technology in the Global Navigation Satellite System and urban public
transport centres;
(d) improvement of safety and pollution prevention
standards including co-operation in the appropriate international fora aiming
to ensure better enforcement of international standards.
Article 27
Co-operation on information society, information technology and
telecommunications
1. The Parties agree that information technology and
communications are key sectors in a modern society and are of vital importance
to economic and social development and the smooth transition to the information
society. Co-operation in this field shall contribute to the reduction of the
digital divide and aim to provide equitable access to information technologies
especially in less developed areas.
2. Co-operation in this area shall aim to promote:
(a) dialogue on all aspects of information society;
(b) dialogue on regulatory and policy aspects of
information technology and communications, including standards;
(c) exchanges of information on standards conformity
assessment and type-approval;
(d) dissemination of new information and communications
technologies and exchanges of information on new technological breakthroughs;
(e) joint research projects on information and
communications technologies and pilot projects in the fields of information
society applications;
(f) interconnection and interoperability of telematic
networks and services;
(g) reciprocal access to databases with due regard for
national and international copyright legislation;
(h) exchanges and training of specialists;
(i) computerisation of public administration.
Article 28
Audio-visual co-operation
The Parties agree to promote co-operation in the audio-visual
sector and in the media sector in general, through joint initiatives in
training as well as audio-visual development, production and distribution
activities. Co-operation shall take place in accordance with the relevant
national copyright provisions and international agreements.
Article 29
Co-operation on tourism
The Parties agree that co-operation in this field shall aim
to:
(a) establish best practices in order to ensure balanced
and sustainable development of tourism in the Andean region;
(b) improve the quality of the services offered to
visitors;
(c) raise public awareness of the economic and social
importance of tourism for the Andean region�s development;
(d) promote and develop ecotourism;
(e) promote the adoption of common policies on tourism in
the framework of the Andean Community.
Article 30
Co-operation between financial institutions
The Parties agree to foster, according to their needs and
within the framework of their respective programmes and legislation,
co-operation between national and regional financial institutions.
Article 31
Co-operation in the field of investment promotion
1. The Parties agree to promote, within the scope of their
respective competencies, an attractive and stable reciprocal investment climate.
2. Co-operation shall include in particular:
(a) encouraging and developing mechanisms for the exchange
and dissemination of information on investment legislation and opportunities;
(b) developing a legal framework favourable to investment
on both sides, where appropriate, through the conclusion of bilateral
agreements promoting and protecting investment and preventing double taxation,
between the Member States of both Parties;
(c) developing uniform and simplified administrative
procedures;
(d) developing joint venture mechanisms.
Article 32
Macroeconomic dialogue
1. The Parties agree that co-operation shall aim to promote
the exchange of information on respective macroeconomic trends and policies, as
well as the sharing of experiences in the co-ordination of macroeconomic
policies in the context of a common market.
2. The Parties shall also aim to deepen the dialogue between
their authorities on macroeconomic matters, including in areas such as monetary
policy, fiscal policy, public finance, external debt and macroeconomic
stabilisation.
Article 33
Statistics co-operation
1. The Parties agree that the main objective shall be to
align statistical methods and programmes, thus enabling the Parties to use each
other�s statistics on trade in goods and services and, more generally, any field
covered by this Agreement, for which statistics can be drawn up.
2. This co-operation could include, among others: technical
exchanges between statistical institutes in the Andean Community and in European
Union Member States and Eurostat; development of common methods of data
collection, analysis and interpretation; and organisation of seminars, working
groups or statistical training programmes.
Article 34
Co-operation on consumer protection
1. The Parties agree that co-operation in this field shall be
geared to making consumer protection schemes in both Parties compatible.
2. It may involve, to the extent possible:
(a) increasing the compatibility of consumer legislation in
order to avoid barriers to trade while ensuring a high level of consumer
protection;
(b) establishing and developing systems of mutual
information exchange, such as rapid alert systems, for food and feed, with
risk for public and animal health;
(c) enhancing capacities for the implementation of
sanitary and phytosanitary measures to facilitate market access as well as
ensuring an appropriate level of health protection on a transparent, non
discriminatory and predictable basis;
(d) encouraging co-operation and exchange of information
among consumer associations;
(e) supporting the "Andean Working Group on the
Participation of Civil Society for the Defence of Consumer Rights".
Article 35
Co-operation on data protection
1. The Parties agree to promote a high level of protection in
the processing of personal data and other data, in line with the highest
international standards.
2. The Parties also agree to co-operate on the protection of
personal data in order to improve the level of protection and to work towards
the elimination of obstacles to the free movement of personal data between the
Parties, created by insufficient protection of such data.
Article 36
Scientific and technological co-operation
1. The Parties agree that co-operation in science and
technology shall be carried out in their mutual interest and in compliance with
their policies, particularly as regards the rules for use of intellectual
property resulting from research, and shall aim to:
(a) contribute to the development of science and technology
in the Andean region;
(b) exchange scientific and technological information and
experience at regional level, especially on the implementation of policies and
programmes
(c) promote human resources development and an adequate
institutional framework for research and development;
(d) foster relations between the Parties' scientific
communities and promote the development of joint scientific and technological
research projects;
(e) encourage the participation of the business sector in
both Parties in scientific and technological co-operation, in particular the
promotion of innovation;
(f) promote innovation and technology transfer between the
Parties, including e-government and cleaner technologies
2. The involvement of higher-education institutions, research
centres and productive sectors, especially small and medium-sized enterprises,
shall be encouraged on both sides.
3. Promote scientific and technological co-operation between
universities, research institutions and productive sectors of both regions,
including granting of scholarships, student and high level specialist exchanges.
4. The parties also agree to promote Andean participation in
Community technological and development programmes in accordance with Community
provisions governing the participation of legal entities from third countries.
Article 37
Co-operation on education and training
1. The Parties agree that co-operation in this field shall
aim to determine how to improve access to, the quality and the relevance of
education and vocational training. To this end, access by young people, women
and senior citizens to education, including technical courses, higher education
and vocational training, shall receive special attention, as shall achieving the
Millennium Development Goals in this context.
2. The Parties agree to co-operate more closely on education
and vocational training and promote co-operation between universities and
between businesses in order to develop the level of expertise of senior staff.
3. The Parties also agree to pay special attention to
decentralised operations and horizontal programmes (ALFA, ALBAN), forging
permanent links between specialised bodies in both Parties, which will encourage
the pooling and exchange of experience and technical resources.
4 Co-operation in this field may also support the Action Plan
for the Educational sector in the Andean Countries, which includes, among other
programmes, harmonisation of the Andean educational systems, implementation of
an information system on educational statistics and intercultural education.
Article 38
Environmental and biodiversity co-operation
1. The Parties agree that co-operation in this field shall
promote the protection and conservation of the environment in pursuit of
sustainable development. In this regard, the relationship between poverty and
the environment and the environmental impact of economic activities are
considered important. Co-operation should also promote the ratification of and
support for the implementation of Multilateral Environmental Agreements and
other international agreements in areas such as climate change, biodiversity,
desertification and chemicals management.
2. Co-operation shall focus particularly on:
(a) preventing degradation of the environment;
(b) promoting the conservation and sustainable management
of natural resources (including biodiversity, mountain ecosystems and genetic
resources) taking into account the Regional Biodiversity Strategy for the
Andean Tropic Region;
(c) exchanging information and experience on environmental
legislation and on common environmental problems occurring in both Parties;
(d) strengthening environmental management in all sectors
at all levels of government;
(e) promoting environmental education, creation of capacity
and strengthening of citizen�s participation, and encouraging joint regional
research programmes.
(f) protecting and nurturing traditional knowledge and
practices related to the sustainable use of biodiversity resources.
Article 39
Co-operation in the field of natural disasters
The Parties agree that co-operation in this field shall aim
to reduce the vulnerability of the Andean region to natural disasters through
strengthening regional planning and prevention capacities, harmonising the legal
framework and improving institutional co-ordination.
Article 40
Cultural co-operation and preservation of cultural heritage
1. The Parties agree that co-operation in this sphere,
cultural ties and contacts between cultural agents in both regions shall be
expanded.
2. The objective shall be to promote cultural co-operation
between the Parties, taking into account and favouring synergies with bilateral
schemes of the Member States.
3. Co-operation shall take place in accordance with the
relevant national copyright provisions and international agreements.
4. This co-operation may cover all cultural fields,
including, among others, the following areas:
(a) translation of literary works;
(b) conservation, restoration and revitalisation of
national heritage;
(c) cultural events, such as arts and handicrafts
exhibitions, music, dance and theatre, as well as exchanges of artists and
professionals in the cultural area;
(d) promotion of cultural diversity;
(e) youth exchanges;
(f) development of cultural industries;
(g) preservation of cultural heritage;
(h) prevent and combat the illicit trade of cultural
heritage goods in conformity with international conventions signed by the
Parties.
Article 41
Co-operation in the field of health
1. The Parties agree to co-operate in the health sector with
the aim of supporting sectoral reforms that make health service delivery
pro-poor and equitable as well in promoting fair financing mechanisms that
improve access to health care for the poor.
2. The Parties agree that primary prevention also requires
involving other sectors such as education and water and sanitation. In this
regard, the Parties aim to strengthen and develop partnerships beyond the health
sector to achieve the Millennium Development Goals, particularly in the fight
against AIDS, malaria and tuberculosis, consistent with relevant World Trade
Organisation rules. Partnerships with organised civil society, NGOs and the
private sector are also needed to address sexual and reproductive health and
rights in a gender sensitive approach and to work with young people to prevent
sexually transmitted diseases and unwanted pregnancies.
3. The Parties agree to co-operate on basic infrastructures,
such as water supply and sewage systems.
Article 42
Social co-operation
1. The Parties agree to co-operate in fostering the
participation of the social partners in a dialogue on living and working
conditions, social protection and integration into society.
2. Co-operation should contribute to the political, economic
and social concertation processes directed towards fostering across-the-board
development in the context of poverty reduction and employment creation
strategies.
3. The Parties underline the importance of social
development, which must go hand in hand with economic development and agree to
give priority to promoting the fundamental principles and rights at work
identified by the International Labour Organisation�s conventions, the so-called
Core Labour Standards.
4. The Parties agree that co-operation in this field may take
into account the implementation of an Andean Social Agenda, centred on two major
pillars, the Common Andean Market and the development of mechanisms to bolster
poverty reduction and regional cohesion.
5. The Parties may co-operate in any area of mutual interest
in the above fields.
6. Measures shall be co-ordinated with those of the Member
States and the relevant international organisations.
7. Where appropriate, and in accordance with their respective
procedures, the Parties may conduct this dialogue in co-ordination with the
Economic and Social Committee and its Andean counterpart, respectively.
Article 43
Participation of organised civil society in co-operation
1. The Parties recognise the role and potential contribution
of organised civil society in the co-operation process and agree to promote
effective dialogue with organised civil society and its effective participation.
2. Subject to the legal and administrative provisions of each
Party, organised civil society may:
(a) participate in the policy-making process at country
level, according to democratic principles;
(b) be informed of and participate in consultations on
development and co-operation strategies and sectoral policies, particularly in
areas concerning them, including all stages of the development process;
(c) receive financial resources, insofar as the internal
rules of each Party so allow, and capacity building support in critical areas;
(d) participate in the implementation of co-operation
programmes in the areas that concern them.
Article 44
Co-operation in the field of gender
The Parties agree that co-operation in this field shall help
to strengthen policies and programmes aimed at ensuring, improving and expanding
the equal participation of men and women in all sectors of political, economic,
social and cultural life, including where necessary, through the adoption of
positive measures in support of women. It shall also help to facilitate the
access of women to all the resources needed to fully exercise their fundamental
rights.
Article 45
Co-operation on indigenous peoples
1. The Parties agree that co-operation in this field shall
contribute to the creation and development of partnerships with indigenous
peoples in the context of promoting the goals of poverty eradication,
sustainable management of natural resources, respect for human rights and
democracy.
2. The Parties also agree to co-operate in promoting an
adequate protection of traditional knowledge, innovations and practices of
indigenous and local communities embodying traditional lifestyles relevant for
the conservation and sustainable use of biological diversity, as well as fair
and equitable sharing of benefits arising from the utilisation of such
knowledge.
3. In addition to taking systematic account of the situation
of indigenous peoples at all levels of development co-operation, the Parties
shall integrate the particular situation of indigenous peoples in the
development of their policies and to strengthen the capacity of organisations
representing indigenous peoples in order to increase the positive effects of
development co-operation on indigenous groups.
4. Cooperation in this field may support indigenous
representative organisations, such as the Working Group on the rights of
indigenous people, which is a consultative entity within the Andean Integration
System.
Article 46
Co-operation on displaced, uprooted peoples and former members of illegal
armed groups
1. The Parties agree that co-operation in support of
displaced, uprooted peoples and former members of illegal armed groups shall
help to meet their essential requirements from the time humanitarian aid ceases
to the adoption of a longer-term solution to resolve their status.
2. This co-operation may include, among others, the following
activities:
(a) self-sufficiency and reintegration into the
socio-economic fabric of displaced, uprooted peoples and former members of
illegal armed groups;
(b) aid to local host communities and resettlement areas to
foster acceptance and integration of displaced, uprooted peoples and former
members of illegal armed groups;
(c) helping those people to voluntarily return to and
settle in their countries of origin or third countries, if conditions permit;
(d) operations to help people recover their belongings or
property rights as well as aid for the legal settlement of human rights
violations against the people in question;
(e) strengthening the institutional capacity of countries
faced with these issues;
Article 47
Co-operation in combating illicit drugs and related organised crime
1. On the basis of the principle of co-responsibility and
complementing the European Union - Andean Community High Level Dialogue
Specialised on drugs, as well as the Joint Follow-up Group on the
Agreements on "precursors and chemical substances frequently used in the illicit
manufacture of narcotic drugs or psychotropic substances", the Parties agree
that co-operation in this field shall aim to co-ordinate and increase joint
efforts to prevent and contain the links that constitute the global problem of
illicit drugs. The Parties also agree to endeavour to combat organised crime
relating to this traffic, among others, through the intermediary of
international organisations and bodies. The Parties agree that the Co-ordination
and Co-operation Mechanism on Drugs between the European Union and Latin America
and the Caribbean shall also be used for this purpose.
2. The Parties shall co-operate in this area to implement in
particular:
(a) programmes to prevent drug abuse;
(b) projects to train, educate, treat and rehabilitate drug
addicts;
(c) projects favouring harmonisation of legislation and
action in this field in the Andean countries;
(d) joint research programmes;
(e) effective measures and co-operation activities aimed at
encouraging and consolidating alternative development with the involvement of
the communities concerned;
(f) measures to prevent new illicit crops and their
transfer to environmentally fragile regions or areas not previously affected;
(g) the effective implementation of measures to prevent the
diversion of precursors and to monitor trade in these products, equivalent to
those adopted by the European Community and the competent international
bodies, and in accordance with the Precursor Agreements between the European
Community and each Andean country, signed on 18 December 1995 on precursors
and chemical substances frequently used in the illicit manufacture of narcotic
drugs or psychotropic substances.
(h) strengthening of actions to control the traffic of
weapons, ammunition and explosives.
Article 48
Co-operation in combating money laundering and related crime
1. The Parties agree to co-operate in preventing the use of
their financial systems for laundering proceeds arising from criminal activities
in general and drug trafficking in particular.
2. This co-operation shall include administrative and
technical assistance aimed at the development and implementation of regulations
and the efficient functioning of suitable standards and mechanisms. In
particular, co-operation shall allow exchanges of relevant information and the
adoption of appropriate standards to combat money laundering comparable to those
adopted by the European Community and the international bodies active in this
area, such as the Financial Action Task Force (FATF). Co-operation at regional
level shall be encouraged.
Article 49
Co-operation on migration
1. The Parties reaffirm the importance that they attach to a
joint management of migration flows between their territories. With a view to
strengthening co-operation between them, they shall establish a comprehensive
dialogue on all migration-related issues, including illegal migration, smuggling
and trafficking in human beings, as well as the inclusion of the migration
concerns in the national strategies for economic and social development of the
areas from which migrants originate, also taking into consideration the historic
and cultural linkages existing between both regions.
2. Co-operation shall be based on a specific needs assessment
conducted in mutual consultation between the Parties and be implemented in
accordance with the relevant Community and national legislation in force. It
will, in particular, focus on:
(a) the root causes of migration;
(b) the development and implementation of national
legislation and practices as regards international protection, with a view to
satisfying the provisions of the Geneva Convention of 1951 on the status of
refugees and of the Protocol of 1967 and other relevant international
instruments, and to ensuring the respect of the principle of "non-refoulement";
(c) the admission rules and rights and status of persons
admitted, fair treatment and integration of legal residents into society,
education and training of legal migrants and measures against racism and
xenophobia;
(d) the establishment of an effective and preventive policy
against illegal immigration, smuggling of migrants and trafficking in human
beings including the issue of how to combat networks of smugglers and
traffickers and how to protect the victims of such trafficking;
(e) the return, under humane and dignified conditions, of
persons residing illegally, and the readmission of such persons, in accordance
with paragraph 3;
(f) the field of visas, on issues identified as being of
mutual interest, such as visas in the commercial academic, or cultural areas;
(g) the field of border controls, on issues related to
organisation, training, best practices and other operational measures on the
ground and where relevant, the provision of equipment.
3. In the framework of the cooperation to prevent and control
illegal immigration, the Parties also agree to readmit their illegal migrants.
To this end:
- each Andean Country shall, upon request and without
further formalities, readmit any of its nationals illegally present on the
territory of a Member State of the European Union; provide their nationals
with appropriate identity documents and extend to them the administrative
facilities necessary for such purpose;
- and each Member State of the European Union shall, upon
request and without further formalities, readmit any of its nationals
illegally present on the territory of an Andean Country; provide their
nationals with appropriate identity documents and extend to them the
administrative facilities necessary for such purpose.
The Parties agree to conclude, upon request and as soon as
possible, an agreement regulating the specific obligations for Member States of
the European Union and the Andean countries on readmission. This agreement will
also address the readmission of nationals of other countries and stateless
persons.
For this purpose, the term "Parties" shall mean the European
Community, any of its Member States and any Andean Country.
Article 50
Co-operation in the field of counter-terrorism
The Parties reaffirm the importance of the fight against
terrorism and, in accordance with international conventions, relevant UN
resolutions and with their respective legislation and regulations, agree to
co-operate in the prevention and suppression of acts of terrorism. They shall do
so in particular:
(a) in the framework of the full implementation of
Resolution 1373 of the UN Security Council and other relevant UN resolutions,
international conventions and instruments;
(b) by exchange of information on terrorist groups and
their support networks in accordance with international and national law; and
(c) by exchange of views on the means and methods used to
counter terrorism, including in technical fields and training and by exchange
of experience in terrorism prevention.
TITLE IV
GENERAL AND FINAL PROVISIONS
Article 51
Resources
1. With the aim of contributing to fulfilling the
co-operation objectives set out in this Agreement, the Parties commit themselves
to providing, within the limits of their capacities and through their own
channels, the appropriate resources, including financial resources.
2. The Parties shall take all appropriate measures to promote
and facilitate the European Investment Bank�s activities in the Andean Community
in accordance with its own procedures and financing criteria and with their laws
and regulations, and without prejudice to the powers of their competent
authorities.
3. The Andean Community and its Member Countries shall grant
facilities and guarantees to European Community experts and exoneration of taxes
on imports for co-operation activities, in accordance with the Framework
Conventions signed between the European Community and each Andean country.
Article 52
Institutional framework
1. The Parties agree to retain the Joint Committee,
established pursuant to the 1983 Andean Community Co-operation Agreement
and retained by the 1993 Framework Co-operation Agreement. This Committee shall
meet alternatively in the European Union and the Andean Community at senior
official level. The agenda for the Joint Committee meetings shall be set by
mutual agreement. The Committee shall itself establish provisions concerning the
frequency of its meetings, chairmanship and other issues that may arise,
including, as appropriate, the creation of subcommittees.
2. The Joint Committee shall be responsible for the general
implementation of the agreement. It shall also discuss any question affecting
economic relations between the Parties, including sanitary and phytosanitary
issues, including with individual Member Countries of the Andean Community.
3. A Joint Consultative Committee to assist the Joint
Committee to promote dialogue with economic and social organisations of
organised civil society shall be established.
4. The Parties encourage the European Parliament and
Parlandino to establish an Inter-parliamentarian Committee, in the framework of
this Agreement, in accordance with past practice.
Article 53
Definition of the Parties
Without prejudice to Article 49, for the purposes of this
Agreement, "the Parties" shall mean the Community, its Member States or the
Community and its Member States, within their respective areas of competence, as
derived from the Treaty establishing the European Community, on the one hand,
and the Andean Community, its Member Countries or the Andean Community and its
Member Countries, on the other, in accordance with their respective spheres of
competence. The Agreement shall also apply to measures taken by any State,
regional or local authorities within the territories of the Parties.
Article 54
Entry into force
1. This Agreement shall enter into force on the first day of
the month following that in which the Parties notify each other of completion of
the procedures necessary for this purpose.
2. Notifications shall be sent to the Secretary General of
the Council of the European Union and the Secretary General of the Andean
Community, who shall be the depositories of this Agreement.
3. From the date of its entry into force in accordance with
paragraph 1, this Agreement shall replace the Framework Co-operation Agreement
of 1993 and the Rome Joint Declaration on Political Dialogue of 1996.
Article 55
Duration
1. This Agreement shall be valid indefinitely.
2. Either Party may give written notice to the other of its
intention to denounce this Agreement.
3. Denunciation shall take effect six months after
notification to the other Party.
Article 56
Fulfilment of the obligations
1. The Parties shall adopt any general or specific measures
required for them to fulfil their obligations under this Agreement and shall
ensure that they comply with the objectives laid down in this Agreement.
2. If one of the Parties considers that the other Party has
failed to fulfil an obligation under this Agreement it may take appropriate
measures. Before doing so, it must supply the Joint Committee within 30 days
with all the relevant information required for a thorough examination of the
situation with a view to seeking a solution acceptable to the Parties.
In this selection of measures, priority must be given to
those which least disturb the functioning of this Agreement. These measures
shall be notified immediately to the Joint Committee and shall be the subject of
consultations in the Committee if the other Party so requests.
3. By way of derogation from paragraph 2, any Party may
immediately take appropriate measures in accordance with international law in
case of:
(a) denunciation of this Agreement not sanctioned by the
general rules of international law;
(b) violation by the other Party of the essential elements
of this Agreement referred to in Article 1, paragraph 1.
The other Party may ask that an urgent meeting be called to
bring the Parties together within 15 days for a thorough examination of the
situation with a view to seeking a solution acceptable to the Parties.
Article 57
Future developments
1. The Parties may mutually agree to extend this Agreement
with the aim of broadening and supplementing its scope in accordance with their
respective legislation, by concluding agreements on specific sectors or
activities in the light of the experience gained during its implementation.
2. As regards the implementation of this Agreement, either
Party may make suggestions designed to expand co-operation in all areas, taking
into account the experience acquired during the implementation thereof.
3. No opportunities for co-operation shall be ruled out in
advance. The Parties may use the Joint Committee to explore practical
possibilities for co-operation in their mutual interest.
Article 58
Data protection
The Parties agree that data protection shall be guaranteed in
all areas where personal data are exchanged.
The Parties agree to accord a high level of protection to the
processing of personal and other data, compatible with the highest international
standards.
Article 59
Territorial application
This Agreement shall apply, on the one hand, to the
territories in which the Treaty establishing the European Community is applied
and under the conditions laid down in that Treaty, and, on the other hand, to
the territories of the Andean Community and its Member States, Bolivia,
Colombia, Ecuador, Peru and Venezuela.
Article 60
Authentic texts
This Agreement is drawn up in duplicate in the Danish, Dutch,
English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and
Swedish languages, each of these texts being equally authentic. |