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
Date: 2003-11-14
Institutions: European Commission
Subjects: Andean Community countries, North-South relations, common foreign and security policy, cooperation agreement (EU), signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 14.11.2003
COM(2003) 695 final

2003/0268 (CNS)

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

Proposal for a

COUNCIL DECISION

on the conclusion 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)

1.

2.

3.

4.

EXPLANATORY MEMORANDUM

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.

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.

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.

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:

2

–  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.

3

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 Commission1,

Whereas:

(1) 

(2) 

(3) 

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.

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

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,

1

OJ C […] […], p. […]

For the Council
The President

4

                                                
2003/0268 (CNS)

Proposal for a

COUNCIL DECISION

on  the  conclusion  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) and the
first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission2,

Having regard to the opinion of the European Parliament3,

Whereas:

(1)

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 Venezuela was signed on behalf of
the European Community in […] on […] .

(2)

This Agreement should be approved,

HAS DECIDED AS FOLLOWS :

Sole Article

1.

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, is hereby approved on behalf of
the European Community.

2.

The text of the Agreement is attached to this Decision.

Done at Brussels,

2

3

OJ C […] […], p. […]
OJ C […] […], p. […]

For the Council
The President

5

                                                
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 (Bolivia, Colombia, Ecuador, Peru and
Venezuela), of the other part

Quito, October 15, 2003

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting  Parties  to  the  Treaty  establishing  the  European  Community  and  the  Treaty  on
European Union, hereinafter referred to as the ‘Member States’, and

THE EUROPEAN COMMUNITY

of the one part,

and

THE ANDEAN COMMUNITY AND ITS MEMBER COUNTRIES,

THE REPUBLIC OF BOLIVIA,

THE REPUBLIC OF COLOMBIA,

THE REPUBLIC OF ECUADOR,

6

THE REPUBLIC OF PERU,

THE BOLIVARIAN REPUBLIC OF VENEZUELA,

of the other part,

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 Cooperation 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;

EMPHASISING  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  cooperation  governed  by  the
Framework Agreement on Cooperation 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,
as signed in 1993, (hereinafter referred to as the “1993 Framework Cooperation Agreement”);

RECOGNISING  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 cooperation on migration, asylum and refugee issues;

EMPHASISING the will to cooperate in international forums;

7

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;

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; and

REITERATING in this framework 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;

HAVE DECIDED TO CONCLUDE THIS AGREEMENT:

TITLE I

OBJECTIVES, NATURE AND SCOPE OF THE AGREEMENT

Article 1
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.

The Parties confirm their commitment to the promotion of sustainable development and

2.
to helping to achieve the Millennium Development Goals.

The Parties reaffirm their attachment to the principles of good governance and the fight

3.
against corruption.

Article 2
Objectives and Scope

The Parties confirm their joint objective of strengthening and deepening their relations
1.
in all fields covered by this Agreement by developing their political dialogue and reinforcing
their cooperation.

The Parties confirm their joint objective of working towards creating conditions under
2.
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.

This Agreement governs the political dialogue and cooperation between the Parties and

4.
contains the necessary institutional arrangements for its application.

The  Parties  undertake  to  periodically  assess  progress,  taking  account  of  progress

5.
achieved before the entry into force of the Agreement.

8

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 Cooperation 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  cooperation,  and  actions
throughout the Latin American region.

The Parties agree that political dialogue shall enable a broad exchange of information and

3.
shall provide a forum for joint initiatives at international level.

Article 4
Mechanisms

The Parties agree that their political dialogue shall be conducted:

(a)

(b)

(c)

(d)

where appropriate and agreed by both Parties, at Heads of State or Government level;

at ministerial level;

at senior-official level;

at working level;

and shall make maximum use of diplomatic channels.

Article 5
Cooperation in the field of foreign and security policy

The  Parties  shall,  as  far  as  possible,  cooperate  in  the  field  of  foreign  and  security  policy  and
coordinate their positions and take joint initiatives in the appropriate international forums.

TITLE III

COOPERATION

Article 6
Objectives

9

1.
The  Parties  agree  that  the  cooperation  foreseen  in  the  1993  Framework  Cooperation
Agreement shall be strengthened and broadened to other areas. It shall focus on the following
objectives:

(a)

(b)

(c)

(d)

strengthening of peace and security;

promotion  of  political  and  social  stability  through  the  strengthening  of  democratic
governance and respect for human rights;

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;

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 cooperation 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,  and  biodiversity,  and  foster  research  and  technological  development.  Regional
integration  shall  also  be  considered  as  a  cross-cutting  theme  and  in  that  regard  cooperation
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  cooperation  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  cooperation,  the  objectives  pursued  and  the  means
available, in conformity with the norms and regulations that apply to this cooperation.

Article 8
Cooperation in the field of human rights, democracy and good governance

The  Parties  agree  that  cooperation  in  this  field  shall  actively  support  governments  and
representatives of organised civil society through actions, in particular in the following areas:

(a)

(b)

promotion of human rights, the democratic process and good governance, including
the management of electoral processes;

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;

10

(d)

implementation  and  dissemination  of  the  Andean  Charter  for  the  Promotion  and
Protection of Human Rights.

Article 9
Cooperation in the field of conflict prevention

1.
The  Parties  agree  that  cooperation  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,  subregional  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.
Cooperation  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  area  of  child  soldiers  (as  defined  in  the  United  Nations
Convention  on  the  Rights  of  the  Child),  measures  to  combat  antipersonnel  mines,  training
programmes  on  the  issue  of  border  controls,  as  well  as  support  for  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
in  small  arms  and  light  weapons  with  the  aim,  among  others,  of  coordinating  actions  to
strengthen legal and institutional cooperation, as well as collecting and destroying illicit small
arms and light weapons in civilian hands.

Article 10
Cooperation in the field of modernisation of the state and public administration

1.
The Parties agree that the objective of cooperation 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  increase  organisational  efficiency,  ensure  transparent
management  of  public  resources  and  accountability  and  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  cooperation  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
Cooperation in the field of regional integration

1.
The Parties agree that cooperation in this field shall reinforce the process of regional
integration within the Andean Community, in particular the development and implementation
of its common market.

11

2.
Cooperation shall support the development and strengthening of common institutions
in the Member countries of the Andean Community and promote closer relations between the
institutions  concerned.  It  shall  strengthen  institutional  exchanges  on  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.
Cooperation  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 coordination
of macroeconomic policies in areas such as monetary policy, fiscal policy and public finance.

More specifically, it may include, but not be limited to, the provision of trade-related

4.
technical assistance for:

(a)

(b)

(c)

(d)

the consolidation and implementation of the Andean customs union;

the reduction and elimination of obstacles to the development of intra-regional trade;

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

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 cooperation

The  Parties  agree  to  use  all  existing  cooperation  instruments  to  promote  activities  aimed  at
developing  active  and  reciprocal  cooperation  between  the  European  Union  and  the  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 cooperation

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  cooperation  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

12

measures, intellectual property rights, investment, services, government procurement, dispute-
settlement  systems,  etc.  It  shall  foster  the  development  and  diversification  of  intra-regional
trade  to  the  highest  possible  level,  and  encourage  the  active  participation  of  the  Andean
region in 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  other  things,  the  following
activities:

-

-

-

-

trade  promotion  activities,  including  adequate  exchanges  between  enterprises
from both sides;

trade missions;

market analysis;

how best to adapt local production to the demand of external markets.

Article 14
Cooperation in the field of services

The Parties agree to strengthen their cooperation in the field of services, in conformity with
the  rules  of  General  Agreement  on  Trade  and  Services  (GATS),  thereby  reflecting  the
increasing importance of services for the development and diversification of their economies.
Increased  cooperation  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  cooperation  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
Cooperation on intellectual property

The  Parties  agree  that  cooperation  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
Cooperation on public procurement

The  Parties  agree  that  cooperation  in  this  field  shall  aim  to  promote  reciprocal,  open,  non-
discriminatory  and  transparent  procedures  for  respective  government  and  public  sector
procurement at all levels.

13

Article 17
Cooperation in the field of competition policy

The  Parties  agree  that  cooperation  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 cooperation

1.
The  Parties  agree  that  cooperation  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.

(a)

(b)

(c)

(d)

Cooperation may include the following:

simplification  and  harmonisation  of  import  and  export  documentation  based  on
international standards, including use of simplified declarations;

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;

measures to improve transparency and  appeal procedures against customs decisions
and rulings;

mechanisms to ensure regular consultation with the trade community on import and
export regulations and procedures.

The  Parties  agree  to  study,  within  the  institutional  framework  established  by  this

3.
Agreement, the conclusion of a mutual assistance protocol on customs matters.

Article 19
Cooperation on technical regulations and conformity assessment

1.
The Parties agree that cooperation on standards, technical regulations and conformity
assessments is a key objective for the development of trade, in particular with regard to intra-
regional trade.

2.

(a)

(b)

(c)

Cooperation between the Parties shall promote efforts on:

regulatory cooperation;

aligning technical regulations on international and European standards; and

creating  a  regional  notification  system  and  a  network  of  conformity  assessment
bodies  operating  on  a  non-discriminatory  basis  and  developing  the  use  of
accreditation.

14

3.

(a)

(b)

(c)

In practice, cooperation shall:

provide  organisational  and  technical  support  to  foster  the  establishment  of  regional
networks and bodies, and increase coordination of policies with a view to promoting
a common approach to the use of international and regional standards and adopting
compatible technical regulations and conformity assessment procedures;

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, conformity assessment and type-approval; and

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 cooperation

1.
The  Parties  agree  that  industrial  cooperation  shall  promote  the  modernisation  and
restructuring  of  Andean  industry  and  individual  sectors,  as  well  as  industrial  cooperation
between  economic  operators,  with  the  objective  of  strengthening  the  private  sector  under
conditions that ensure that the environment is protected.

Industrial cooperation initiatives shall reflect the priorities determined by both Parties.
2.
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
Cooperation 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)

(b)

(c)

(d)

promoting contacts between economic operators, encouraging joint investments and
joint ventures and information networks through existing horizontal programmes;

facilitating  access  to  channels  of  finance,  providing  information  and  stimulating
innovation;

facilitating technological transfer;

identifying and studying marketing channels.

Article 22
Cooperation on agriculture, forestry and rural development

The  Parties  agree  to  promote  mutual  cooperation  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:

15

(a)

(b)

(c)

(d)

measures aimed at enhancing the quality of agricultural products, capacity building,
technology  transfers,  measures  for  producer  associations  and  supporting  trade
promotion activities;

environmental  health,  animal  and  plant  health  measures  and  other  related  aspects,
taking  account  of  the  legislation  in  force  of  both  Parties  and  their  respective
international  obligations,  resulting  notably  from  World  Trade  Organisation  and
multilateral environmental agreement rules;

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;

measures relating to the 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  cooperation
networks between local agents or economic operators.

Article 23
Fisheries and aquaculture cooperation

The  Parties  agree  to  develop  economic  and  technical  cooperation  in  the  fisheries  and
aquaculture  sectors,  especially  in  aspects  such  as  the  sustainable  exploitation,  management
and  conservation  of  fisheries  resources,  including  environmental  impact  assessment.
Cooperation should also include areas such as the processing industry and facilitation of trade.
Cooperation  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
Cooperation on mining

The  Parties  agree  that  cooperation  in  the  field  of  mining,  taking  into  account  aspects  of
environmental conservation, shall focus principally on the following:

(a)

(b)

(c)

(d)

(e)

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;

promoting  exchanges  of  information,  experience  and  technology  relating  to  mining
exploration and exploitation;

promoting  exchanges  of  experts  and  performing  joint  research  to  increase
opportunities for technological development;

developing measures to promote investment in this field;

developing measures to ensure environmental integrity and corporate environmental
responsibility in this sector.

16

Article 25
Energy cooperation

1.
The Parties agree that their joint objective will be to foster cooperation 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.

(a)

(b)

(c)

Cooperation may include the following, in particular:

energy policy issues, including interconnected infrastructure of regional importance,
improvement  and  diversification  of  supply  and  improvement  of  access  to  energy
markets, including facilitation of transit, transmission and distribution;

management and training for the energy sector and transfer of technology and know-
how;

promotion  of  energy  saving,  energy  efficiency,  renewable  energy  and  study  of  the
environmental impact of energy production and consumption;

(d)

cooperation initiatives between undertakings in this sector.

Article 26
Transport cooperation

1.
The  Parties  agree  that  cooperation  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.

(a)

(b)

(c)

(d)

Cooperation may include the following:

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;

the management of inland  waterways, roads, railways,  ports and airports, including
appropriate cooperation between the relevant authorities;

projects  for  the  transfer  of  European  technology  in  the  Global  Navigation  Satellite
System and urban public transport centres;

improvement of safety  and pollution prevention standards, including cooperation in
the  appropriate  international  forums  aiming  to  ensure  better  enforcement  of
international standards.

17

Article 27
Cooperation 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. Cooperation in this field shall help to reduce the
digital divide and aim to provide  equitable access to  information technologies,  especially in
less developed areas.

2.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

Cooperation in this area shall aim to promote:

dialogue on all aspects of information society;

dialogue  on  regulatory  and  policy  aspects  of 
communications, including standards;

information 

technology  and

exchanges of information on standards conformity assessment and type-approval;

dissemination of new information and communications technologies  and  exchanges
of information on new technological breakthroughs;

joint  research  projects  on  information  and  communications  technologies  and  pilot
projects in the fields of information society applications;

interconnection and interoperability of telematic networks and services;

reciprocal  access  to  databases  with  due  regard  for  national  and  international
copyright legislation;

exchanges and training of specialists;

computerisation of public administration.

Article 28
Audio-visual cooperation

The Parties agree to promote cooperation in the audio-visual sector and in the media sector in
general,  through  joint  initiatives  in  training,  audio-visual  development,  production  and
distribution  activities.  Cooperation  shall  take  place  in  accordance  with  the  relevant  national
copyright provisions and international agreements.

Article 29
Cooperation on tourism

The Parties agree that cooperation 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;

18

(c)

(d)

(e)

raise  public  awareness  of  the  economic  and  social  importance  of  tourism  for  the
Andean region’s development;

promote and develop ecotourism;

promote  the  adoption  of  common  policies  on  tourism  in  the  framework  of  the
Andean Community.

Article 30
Cooperation between financial institutions

The  Parties  agree  to  foster,  according  to  their  needs  and  within  the  framework  of  their
respective  programmes  and  legislation,  cooperation  between  national  and  regional  financial
institutions.

Article 31
Cooperation in the field of investment promotion

The  Parties  agree  to  promote,  within  the  scope  of  their  respective  competencies,  an

1.
attractive and stable reciprocal investment climate.

2.

(a)

(b)

(c)

(d)

Cooperation shall include in particular:

encouraging  and  developing  mechanisms  for  the  exchange  and  dissemination  of
information on investment legislation and opportunities;

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;

developing uniform and simplified administrative procedures;

developing joint venture mechanisms.

Article 32
Macroeconomic dialogue

1.
The Parties agree that cooperation shall aim to promote the exchange of information
on  the  respective  macroeconomic  trends  and  policies,  as  well  as  sharing  experiences  in  the
coordination 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.

19

Article 33
Statistics cooperation

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  cooperation  could  include,  among  other  things:  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
Cooperation on consumer protection

The  Parties  agree  that  cooperation  in  this  field  shall  be  geared  to  making  consumer

1.
protection schemes in both Parties compatible.

2.

(a)

(b)

(c)

(d)

(e)

It may involve, to the extent possible:

increasing  the  compatibility  of  consumer  legislation  in  order  to  avoid  barriers  to
trade while ensuring a high level of consumer protection;

establishing and developing systems of mutual information exchange, such  as rapid
alert systems, for food and feed, with risk for public and animal health;

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;

encouraging cooperation and exchange of information among consumer associations;

supporting the "Andean Working Group on the Participation of Civil Society for the
Defence of Consumer Rights".

Article 35
Cooperation on data protection

The Parties agree to promote a high level of protection in the processing of personal

1.
data and other data, in line with the highest international standards.

2.
The  Parties  also  agree  to  cooperate  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.

20

Article 36
Scientific and technological cooperation

1.
The  Parties  agree  that  cooperation  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)

(b)

(c)

(d)

(e)

(f)

contribute to the development of science and technology in the Andean region;

exchange  scientific  and  technological  information  and  experience  at  regional  level,
especially on the implementation of policies and programmes

promote human resources development and an adequate institutional framework  for
research and development;

foster  relations  between  the  Parties'  scientific  communities  and  promote  the
development of joint scientific and technological research projects;

encourage  the  participation  of  the  business  sector  in  both  Parties  in  scientific  and
technological cooperation, in particular in the promotion of innovation;

promote  innovation  and  technology  transfer  between  the  Parties,  including  e-
government and cleaner technologies

The  involvement  of  higher-education  institutions,  research  centres  and  productive

2.
sectors, especially small and medium-sized enterprises, shall be encouraged on both sides.

3.
The  Parties  agree  to  promote  scientific  and  technological  cooperation  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  technological  and
development  programmes  of  the  European  Community  in  accordance  with  the  latter’s
provisions governing the participation of legal entities from third countries.

Article 37
Cooperation on education and training

1.
The  Parties  agree  that  cooperation  in  this  field  shall  aim  at  improving  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  cooperate  more  closely  on  education  and  vocational  training  and
promote cooperation between universities and between businesses in order to develop the level
of expertise of senior staff.

The  Parties  also  agree  to  pay  special  attention  to  centralised  operations  and  horizontal
3.
programmes  (ALFA,  ALBAN),  forging  permanent  links  between  specialised  bodies  in  both
Parties, which will encourage the pooling and exchange of experience and technical resources.

21

4
Cooperation 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 cooperation

The  Parties  agree  that  cooperation  in  this  field  shall  promote  the  protection  and
1.
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.  Cooperation  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.

(a)

(b)

(c)

(d)

(e)

(f)

Cooperation shall focus in particular on:

preventing degradation of the environment;

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;

exchanging information and experience on environmental legislation and on common
environmental problems occurring in both Parties;

strengthening environmental management in all sectors at all levels of government;

promoting  environmental  education,  creation  of  capacity  and  strengthening  of
citizen’s participation, and encouraging joint regional research programmes;

protecting  and  nurturing  traditional  knowledge  and  practices  related  to  the
sustainable use of biodiversity resources.

Article 39
Cooperation in the field of natural disasters

The  Parties  agree  that  cooperation  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 coordination.

Article 40
Cultural cooperation and preservation of cultural heritage

The  Parties  agree  that  cooperation  in  this  sphere,  cultural  ties  and  contacts  between

1.
cultural agents in both regions shall be expanded.

2.
The objective shall be to promote cultural cooperation between the Parties,  taking  into
account and favouring synergies with bilateral schemes of the Member States of the European
Union.

22

Cooperation  shall  take  place  in  accordance  with  the  relevant  national  copyright

3.
provisions and international agreements.

4.
areas:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

This  cooperation  may  cover  all  cultural  fields,  including,  among  others,  the  following

translation of literary works;

conservation, restoration and revitalisation of national heritage;

cultural events, such as arts and handicrafts exhibitions, music, dance and theatre, as
well as exchanges of artists and professionals in the cultural area;

promotion of cultural diversity;

youth exchanges;

development of cultural industries;

preservation of cultural heritage;

preventing  and  combating  the  illicit  trade  of  cultural  heritage  goods  in  conformity
with international conventions signed by the Parties.

Article 41
Cooperation in the field of health

1.
The Parties agree to cooperate in the health sector with the aim of supporting sectoral
reforms that make health service delivery pro-poor and equitable and promoting fair financing
mechanisms that improve access to health care for the poor.

The Parties agree that primary prevention also requires involving other sectors such as
2.
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 the 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.

The  Parties  agree  to  cooperate  on  basic  infrastructure,  such  as  water  supply  and

3.
sewage systems.

Article 42
Social cooperation

The  Parties  agree  to  cooperate in fostering the participation of the social  partners in a

1.
dialogue on living and working conditions, social protection and integration into society.

2.
Cooperation  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.

23

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.

The Parties agree that cooperation in this field may take into account the implementation
4.
of an Andean Social Agenda, centred on two main pillars, the Common Andean Market and the
development of mechanisms to bolster poverty reduction and regional cohesion.

5.

The Parties may cooperate in any area of mutual interest in the above fields.

Measures shall be coordinated with those of the Member States of the European Union

6.
and the relevant international organisations.

7.
Where appropriate, and in accordance with their respective procedures, the Parties may
conduct this dialogue in coordination with the European Economic and Social Committee and its
Andean counterpart, respectively.

Article 43
Participation of organised civil society in cooperation

1.
The Parties recognise the role and potential contribution of organised civil society in
the cooperation process and agree to promote effective dialogue with organised civil society
and its effective participation.

Subject  to  the  legal  and  administrative  provisions  of  each  Party,  organised  civil

2.
society may:

(a)

(b)

(c)

(d)

participate  in  the  policy-making  process  at  country  level,  according  to  democratic
principles;

be  informed  of  and  participate  in  consultations  on  development  and  cooperation
strategies  and  sectoral  policies,  particularly  in  areas  concerning  them,  including  all
stages of the development process;

receive financial resources, insofar as the internal rules of each Party so allow,  and
capacity building support in critical areas;

participate  in  the  implementation  of  cooperation  programmes  in  the  areas  that
concern them.

Article 44
Cooperation in the field of gender

The  Parties  agree  that  cooperation  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.

24

Article 45
Cooperation on indigenous peoples

1.
The  Parties  agree  that  cooperation  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  cooperate  in  promoting  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.

In  addition to taking systematic account  of the situation of indigenous  peoples  at  all
3.
levels  of  development  cooperation,  the  Parties  shall  integrate  the  particular  situation  of
indigenous  peoples  into  the  development  of  their  policies  and  strengthen  the  capacity  of
organisations  representing  indigenous  peoples  in  order  to  increase  the  positive  effects  of
development cooperation 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
Cooperation on displaced, uprooted peoples and former members of illegal armed
groups

1.
The  Parties  agree  that  cooperation  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.

(a)

(b)

(c)

(d)

This cooperation may include, among others, the following activities:

self-sufficiency  and  reintegration  into  the  socio-economic  fabric  of  displaced,
uprooted peoples and former members of illegal armed groups;

aid  to  local  host  communities  and  resettlement  areas  to  foster  acceptance  and
integration  of  displaced,  uprooted  peoples  and  former  members  of  illegal  armed
groups;

helping those people to voluntarily return to and settle in their countries of origin or
third countries, if conditions permit;

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.

25

Article 47
Cooperation 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
cooperation  in  this  field  shall  aim  to  coordinate  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 other ways, through the
intermediary  of  international  organisations  and  bodies.  The  Parties  agree  that  the
Coordination and Cooperation Mechanism on Drugs between the European Union and Latin
America and the Caribbean shall also be used for this purpose.

2.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

The Parties shall cooperate in this area to implement in particular:

programmes to prevent drug abuse;

projects to train, educate, treat and rehabilitate drug addicts;

projects favouring harmonisation of legislation and action in this field in the Andean
countries;

joint research programmes;

effective measures and cooperation activities aimed at encouraging and consolidating
alternative development with the involvement of the communities concerned;

measures  to  prevent  new  illicit  crops  and  their  transfer  to  environmentally  fragile
regions or areas not previously affected;

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
Cooperation in combating money laundering and related crime

The  Parties  agree  to  cooperate  in  preventing  the  use  of  their  financial  systems  for
1.
laundering  proceeds  arising  from  criminal  activities  in  general  and  drug  trafficking  in
particular.

2.
This  cooperation  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,  cooperation  shall  allow  exchanges  of  relevant

26

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). Cooperation at regional level
shall be encouraged.

Article 49
Cooperation on migration

The  Parties  reaffirm  the  importance  that  they  attach  to  a  joint  management  of
1.
migration flows between their territories. With a view to strengthening  cooperation 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
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.

Cooperation  shall  be  based  on  a  specific  needs  assessment  conducted  in  mutual
2.
consultation  between  the  Parties  and  be  implemented  in  accordance  with  the  relevant
Community and national legislation in force. It will focus in particular on:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

the root causes of migration;

the development and implementation of national legislation and practices with regard
to  international  protection,  with  a  view  to  satisfying  the  provisions  of  the  Geneva
Convention of 1951 on the status of refugees and of its Protocol of 1967 and other
relevant  international  instruments,  and  to  ensuring  the  respect  of  the  principle  of
"non-refoulement";

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;

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;

the return, under humane and dignified conditions, of persons residing illegally, and
the readmission of such persons, in accordance with paragraph 3;

the  area  of  visas,  on  issues  identified  as  being  of  mutual  interest,  such  as  visas
granted to persons travelling for commercial, academic or cultural purposes;

the  subject  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.

Within the framework of the  cooperation  to prevent  and  control  illegal  immigration,

3.
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

27

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
Cooperation in the field of counter-terrorism

The  Parties  reaffirm  the  importance  of  the  fight  against  terrorism  and,  in  accordance  with
international  conventions,  the  relevant  UN  resolutions  and  their  respective  legislation  and
regulations, agree to cooperate in the prevention and suppression of acts of terrorism. They shall
do so in particular:

(a)

(b)

(c)

in  the  framework  of  full  implementation  of  Resolution  1373  of  the  UN  Security
international  conventions  and
Council  and  other  relevant  UN  resolutions, 
instruments;

by  exchange  of  information  on  terrorist  groups  and  their  support  networks  in
accordance with international and national law; and

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.
To help  meet  the  cooperation 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.

28

3.
The  Andean  Community  and  its  Member  Countries  shall  grant  facilities  and
guarantees  to  European  Community  experts  and  exoneration  of  taxes  on  imports  for
cooperation  activities,  in  accordance  with  the  Framework  Conventions  signed  between  the
European Community and each Andean country.

Article 52
Institutional framework

The Parties agree to retain the Joint Committee established pursuant to the 1983 Andean
1.
Community  Cooperation  Agreement  and  retained  by  the  1993  Framework  Cooperation
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.

The  Joint  Committee  shall  be  responsible  for  the  general  implementation  of  the
2.
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.

A Joint Consultative Committee to assist the Joint Committee to promote dialogue with

3.
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,  within  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

This  Agreement  shall  enter  into  force  on  the  first  day  of  the  month  following  that  in

1.
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.

From the date of its entry into force in accordance with paragraph 1, this Agreement shall
3.
replace  the  Framework  Cooperation  Agreement  of  1993  and  the  Rome  Joint  Declaration  on
Political Dialogue of 1996.

29

1.

This Agreement shall be valid indefinitely.

Article 55
Duration

Either  Party  may  give  written  notice  to  the  other  of  its  intention  to  terminate  this

2.
Agreement.

3.

Termination shall take effect six months after notification to the other Party.

Article 56
Fulfilment of 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.
Where 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 measures 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.

By way of derogation from paragraph 2, any Party may immediately take appropriate

3.
measures in accordance with international law in the event of:

(a)

(b)

termination  of  this  Agreement  not  sanctioned  by  the  general  rules  of  international
law;

violation by the other Party of the essential elements of this Agreement referred to in
Article 1(1).

The other Party may ask for an urgent meeting to 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  cooperation  in  all  areas,  taking  into  account  the  experience  acquired
during the implementation thereof.

30

No opportunities for cooperation  shall be  ruled out  in  advance.  The  Parties  may  use

3.
the Joint Committee to explore practical possibilities for cooperation 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
countries (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.

31

ANNEX

EU UNILATERAL DECLARATIONS

=======================================================

Declaration of the Commission and the Council of the European Union on the clause

1.
concerning the return and readmission of illegal migrants (Article 49)

Article 49 shall be without prejudice to the internal division of powers between the European
Community and its Member States for the conclusion of readmission agreements.

=======================================================

Declaration of the Commission and the Council of the European Union on the clause

2.
concerning the definition of the Parties (Article 53)

The provisions of this Agreement that fall within the scope of Part III, Title IV of the Treaty
establishing  the  European  Community  bind  the  United  Kingdom  and  Ireland  as  separate
Contracting Parties, and not as part of the European Community, until the United Kingdom or
Ireland (as the case may be) notifies the Andean Community Party that it has become bound
as  part  of  the  European  Community  in  accordance  with  the  Protocol  on  the  position  of  the
United  Kingdom  and  Ireland  annexed  to  the  Treaty  on  European  Union  and  the  Treaty
establishing the European Community. The same applies to Denmark, in accordance with the
Protocol annexed to those Treaties on the position of Denmark.

========================================================

32