Proposal for a COUNCIL DECISION on the signature of a Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Andean Community and its member countries, the Republics of Bolivia, Colombia, Ecuador, Peru and the Bolivarian Republic of Venezuela, of the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The attached proposals constitute the legal instruments for the signature and conclusion of a Political Dialogue and Cooperation Agreement between the European Community and its Member States and the Andean Community and its member countries, the Republics of Bolivia, Colombia, Ecuador, Peru and Venezuela:

(i) Proposal for a Council Decision on the signature of the Agreement;

(ii) Proposal for a Council Decision on the conclusion of the Agreement.

2. The European Union and the Andean Community enjoy a comprehensive relationship that encompasses political dialogue based on the Rome Declaration of 1996, a broad cooperation framework and a favourable trade regime (GSP drugs).

Cooperation with the Andean Community is currently carried out in the context of the 1993 Framework Cooperation Agreement. Historically, this cooperation has focused on human rights and democracy, integrated rural development, social development and regional integration.

3. At the European Union-Latin America and the Caribbean Summit held in Madrid on 16/17 May 2002, the Heads of State and Government of the European Union and the Andean Community and its member countries (Bolivia, Colombia, Ecuador, Peru and The Bolivarian Republic of Venezuela) decided to negotiate a Political Dialogue and Cooperation Agreement between the two regions. The draft Negotiating Directives for this Agreement were submitted to the Council in December 2002 and approved by the Council on 18 March 2003. The first round of negotiations was held in Brussels from 6 to 8 May 2003 and the second and concluding round of negotiations was held in Quito on 14/15 October 2003, on which occasion the text of the Agreement was initialled by the negotiators of both sides.

4. The new EU-Andean Community Agreement focuses solely on political dialogue and cooperation and does not contain a trade component. The main objectives of the Agreement are to: a) strengthen EU-Andean Community relations by developing political dialogue and reinforcing cooperation, and b) create the 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 the parties.

The new Agreement institutionalises and strengthens the political Dialogue based until now on an informal arrangement known as the Rome Declaration (1996) and broadens cooperation to include new areas such as human rights, conflict prevention, migration as well as the fight against drugs and terrorism. Special emphasis is placed on cooperation in support of the process of regional integration in the Andean Community. The Agreement builds upon and will replace the existing 1993 Framework Cooperation Agreement between the two regions as well as the Rome Declaration when it comes into effect after ratification by both parties.

5. The Commission has judged the results of the negotiations to be satisfactory and requests the Council:

- to authorise the signature, on behalf of the European Community, of the Political Dialogue and Cooperation Agreement between the European Community and its Member States and the Andean Community and its member countries, the Republics of Bolivia, Colombia, Ecuador, Peru and The Bolivarian Republic of Venezuela; and

- to conclude the Political Dialogue and Cooperation Agreement with the Andean Community and its member countries, the Republics of Bolivia, Colombia, Ecuador, Peru and The Bolivarian Republic of Venezuela, on behalf of the European Community.

The European Parliament will be called upon to give its opinion on this agreement.

The Member States are also Parties to the Agreement, which therefore needs to be approved by them according to their internal procedures.

Proposal for a COUNCIL DECISION on the signature of a Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Andean Community and its member countries, the Republics of Bolivia, Colombia, Ecuador, Peru and the Bolivarian Republic of Venezuela, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 181 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C [...] [...], p. [...]

Whereas:

(1) On 18 March 2003 the Council authorised the Commission to open negotiations for a Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Andean Community and its member countries, the Republics of Bolivia, Colombia, Ecuador, Peru and the Bolivarian Republic of Venezuela, of the other part.

(2) These negotiations have been concluded and the Agreement was initialled in Quito on 15 October 2003.

(3) Subject to its possible conclusion at a later date, the Political Dialogue and Cooperation Agreement should be signed on behalf of the Community,

HAS DECIDED AS FOLLOWS:

Sole Article

The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community, the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Andean Community and its member countries, the Republics of Bolivia, Colombia, Ecuador, Peru and the Bolivarian Republic of Venezuela, of the other part. The text of the Agreement is attached to this Decision.

Done at Brussels,

For the Council

The President