Proposal for a COUNCIL DECISION on the conclusion of the Political Dialogue and Cooperation Agreement with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama
Date: 2012-08-13
Institutions: European Commission
Subjects: Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, cooperation agreement (EU), economic cooperation, political cooperation, ratification of an agreement

EUROPEAN COMMISSION 

Brussels, 13.8.2012  
COM(2012) 454 final 

2012/0219 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Political Dialogue and Cooperation Agreement with the 
Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

The EU-Central America Political Dialogue and Cooperation Agreement (PDCA) was signed 
on 15 December 2003 in Rome. Due to the mixed nature of this agreement, Member States 
had to ratify the agreement. This phase was concluded in December 2011 with the deposit of 
the last two outstanding ratifications.  

According  to  the  provisions  of  the  agreement,  it  will  enter  into  force  one  month  after  the 
deposit of this instrument of approval. 

EN 

2 

   EN 

 
2012/0219 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Political Dialogue and Cooperation Agreement with the 
Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 212(3), in conjunction with Article 218(6)(a) thereof,  

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

In accordance with Council Decision 14855/03 of 8 December 20031, the the Political 
Dialogue and Cooperation Agreement with the Republics of Costa Rica, El Salvador, 
Guatemala, Honduras, Nicaragua and Panama was signed on 15 December 2003, 
subject to its conclusion at a later date. 

According to its Article 54(1) the Political Dialogue and Cooperation 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. 

All other parties to the Agreement, including all the Member States of the Union, have 
now deposited their instrument of ratification. 

(4) 

The agreement should be approved on behalf of the European Union, 

HAS ADOPTED THIS DECISION: 

Article 1 

The  Political  Dialogue  and  Cooperation  Agreement  with  the  Republics  of  Costa  Rica,  El 
Salvador, Guatemala, Honduras, Nicaragua and Panama is hereby approved on behalf of 
the Union. 

The text of the Agreement is attached to this Decision. 

1 

OJ L , , p. . 

EN 

3 

   EN 

 
                                                 
Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the European Union, to the notification of the Agreement, in order to express the consent of 
the European Union to be bound by the Agreement. 

Article 3 

This  Decision  shall  enter  into  force  on  the  […]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN 

 
 
 
ANNEX 

POLITICAL DIALOGUE AND COOPERATION AGREEMENT 

between the European Community and its Member States, of the one part, and the 
Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama of 
the other part 

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, hereinafter referred to as ‘the Community’ 

of the one part, and 

THE REPUBLIC OF COSTA RICA, 

THE REPUBLIC OF EL SALVADOR, 

THE REPUBLIC OF GUATEMALA, 

THE REPUBLIC OF HONDURAS, 

EN 

5 

   EN 

 
THE REPUBLIC OF NICARAGUA, 

THE REPUBLIC OF PANAMA,  

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 the positive development in both regions during the last decade, which has 
enabled the promotion of common goals and interests to enter into a new stage of relations, 
deeper and more modern and permanent, in order to respond to current internal challenges and 
to international events;  

REAFFIRMING their respect for democratic principles and fundamental human rights as set 
out in the Universal Declaration of Human Rights; 

RECALLING their commitment to the principles of the rule of law and good governance; 

BASED  on  the  principles  of  shared  responsibilities  and  convinced  of  the  importance  of  the 
prevention of the use of illicit drugs and reducing their harmful effects as well as tackling the 
illicit cultivation, production, processing and trafficking of drugs and their precursors; 

HIGHLIGHTING their commitment to work together in pursuit of the objectives of poverty 
eradication,  equitable  and  sustainable  development,  including  aspects  of  vulnerability  to 
natural  disasters,  environmental  conservation  and  protection  and  biodiversity,  and  the 
progressive integration of Central American countries into the world economy; 

EMPHASIZING  the  importance  the  Parties  attach  to  the  consolidation  of  the  political 
dialogue and economic cooperation process built up between the Parties under the San Jose 
Dialogue initiated in 1984 and renewed in Florence in 1996 and in Madrid in 2002;  

HIGHLIGHTING  the  need  to  strengthen  the  programme  of  cooperation  governed  by  the 
Framework  Cooperation  Agreement  between  the  European  Economic  Community  and  the 
Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama signed in 
1993 (hereinafter referred to as the “1993 Framework Cooperation Agreement”);  

RECOGNIZING the advances in the Central American economic integration process, such as 
for  example,  the  efforts  towards  a  prompt  establishment  of  a  Central  American  Customs 
Union,  the  entry  into  effect  of  the  Trade  Dispute  Settlement  Mechanism,  the  signing  of  the 
Central American Treaty on Investment and Trade in Services; as well as the need to deepen 
the process of regional integration, regional trade liberalization and economic reform within 
the Central American region;  

AWARE  of  the  need  to  promote  sustainable  development  in  both  regions  through  a 
development  partnership  involving  all  relevant  stakeholders,  including  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; 

MINDFUL of the need to establish cooperation on migration issues;  

EN 

6 

   EN 

 
RECOGNIZING  that  no  provision  in  this  agreement  shall  in  any  way  refer  to,  nor  shall  be 
interpreted or construed in any way such as defining the position of the Parties in ongoing or 
future bilateral or multilateral trade negotiations; 

EMPHASIZING the will to co-operate in international fora on issues of mutual interests;  

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 

TAKING INTO ACCOUNT the Madrid Declaration of May 2002; 

HAVE DECIDED TO CONCLUDE THIS AGREEMENT: 

TITLE I 

PRINCIPLES, OBJECTIVES, AND SCOPE OF THE AGREEMENT 

Article I 
Principles 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

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 the Parties and constitutes an 
essential element of this Agreement. 

The Parties confirm their commitment to the promotion of sustainable development 
and to contribute to reaching the Millennium Development Goals. 

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

Article 2 
Objectives and Scope 

The  Parties  confirm  their  joint  objective  of  strengthening  their  relations  by 
developing their political dialogue and reinforcing their cooperation. 

The  Parties  likewise  reaffirm  their  decision  to  strengthen  cooperation  on  trade,  on 
investments, and on economic relations. 

The  Parties  confirm  their  joint  objective  of  working  towards  creating  conditions 
under  which,  building  on  the  outcome  of  the  Doha  Work  Programme,  which  the 
Parties  have  committed  to  complete  by  the  end  of  2004,  a  feasible  and  mutually 
beneficial  Association  Agreement,  including  a  Free  Trade  Agreement,  could  be 
negotiated between them. 

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 Central America. 

This Agreement governs the political dialogue and cooperation between the Parties and 
contains  the  necessary  institutional  arrangements  for  its  application.  No  provision  of 

EN 

7 

   EN 

 
this agreement shall define the position of the Parties in ongoing or future bilateral or 
multilateral trade negotiations. 

6. 

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. 

2. 

The  Parties  agree  to  reinforce  their  regular  political  dialogue  on  the  basis  of  the 
principles  set  out  in  the  Joint  Declarations  of  the  San  Jose  Dialogue  process,  in 
particular the Declarations of San Jose (28/29 September 1984), Florence (21 March 
1996) and Madrid (18 May 2002).  

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  regional 
integration, poverty reduction and social cohesion, sustainable development, regional 
security  and  stability,  conflict  prevention  and  resolution,  human  rights,  democracy, 
good  governance,  migration,  and  the  fight  against  corruption,  counter-terrorism, 
drugs, and small arms and light weapons. 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. 

3. 

The Parties agree that a strengthened 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) 

(b) 

(c) 

(d) 

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

at ministerial level, in particular in the framework of the Ministerial Meeting of the 
San Jose Dialogue; 

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 

EN 

8 

   EN 

 
The  Parties  shall,  as  far  as  possible  and  in  accordance  with  their  interests,  co-ordinate  their 
positions and take joint initiatives in the appropriate international fora and co-operate in the field 
of foreign and security policy. 

EN 

9 

   EN 

 
TITLE III 

COOPERATION 

Article 6 
Objectives 

1. 

(a) 

(b) 

(c) 

2. 

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: 

promotion  of  political  and  social  stability  through  democracy,  respect  for  human 
rights and good governance; 

deepening  of  the  process  of  regional  integration  among  the  countries  of  Central 
America  to  contribute  to  higher  economic  growth  and  gradual  improvement  of 
quality of life for their peoples; 

poverty reduction and 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. 

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  peoples  and  other  Central  American  ethnic  groups,  natural  disaster 
prevention  and  response,  environmental  conservation  and  protection,  biodiversity, 
cultural diversity, 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 
Central America and strengthening inter-regional relations between the Parties shall 
be encouraged. 

Article 7 
Methodology 

The Parties agree that cooperation shall be implemented by means of technical and financial 
assistance,  studies,  training,  exchanges  of  information  and  expertise,  meetings,  seminars, 
research  projects  or  any  other  means  agreed  by  the  Parties  in  the  context  of  the  area  of 
cooperation,  the  objectives  pursued  and  the  means  available,  in  conformity  with  the  norms 
and  regulations  that  apply  to  this  cooperation.  All  entities  involved  in  cooperation  will  be 
subject to a transparent and accountable management of resources.  

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 civil society through actions, in particular in the following areas: 

(a) 

promotion  and  protection  of  human  rights  and  consolidation  of  the  process  of 
democratisation, including the management of electoral processes;  

EN 

10 

   EN 

 
(b) 

strengthening  the  rule  of  law  and  the  good  and  transparent  management  of  public 
affairs,  including  the  fight  against  corruption  at  local,  regional  and  national  levels; 
and 

(c) 

reinforcing the independence and efficiency of judicial systems. 

1. 

2. 

3. 

1. 

2. 

Article 9 
Cooperation in the field of conflict prevention 

The  Parties  agree  that  cooperation  in  this  field  shall  promote  and  sustain  a 
comprehensive  peace  policy  which  encourages  dialogue  among  democratic  nations 
in the face of present challenges including the prevention and resolution of conflicts, 
peace  restoration  and  justice  in  the  context  of  human  rights.  This  policy  shall  be 
based on the principle of ownership and shall focus primarily on developing regional, 
sub-regional and national capacities. In order to prevent conflicts, and as required, 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 
organized civil society, in particular making use of existing regional institutions.  

Cooperation activities may include, as appropriate, among others, support for country 
specific  mediation,  negotiation  and  reconciliation  processes,  efforts  developed  to 
help  children,  women  and  elder  people  and  for  actions  in  the  fight  against  anti-
personnel mines.  

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  in  actions  to  strengthen  legal,  institutional  and  police  cooperation,  as 
well  as  the  collection  and  destruction  of  illicit  small  arms  and  light  weapons  in 
civilian hands. 

Article 10 
Cooperation to strengthen modernization of the state and public administration 

The Parties agree that the objective of cooperation in this field shall be to strengthen 
modernization and professionalisation of public administration in Central American 
countries,  including  supporting  the  process  of  decentralization  and  organizational 
changes resulting from the process of Central American integration. In general, the 
aim shall be to improve organizational efficiency, to ensure transparent management 
of  public  resources  and  accountability,  as  well  as  to  improve  the  legal  and 
institutional  framework  based,  among  others,  on  best  practices  of  the  Parties  and 
taking advantage of the experience gained through the development of policies and 
instruments in the European Union.  

This  cooperation  may  include,  among  other  things,  programmes  aimed  at  building 
capacities for policy design and implementation in all areas of mutual interest, inter 
alia  public  service  delivery,  budget  composition  and  execution,  prevention  of  and 
fight against corruption and reinforcing judiciary systems. 

EN 

11 

   EN 

 
Article 11 
Cooperation in the field of regional integration 

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

Cooperation shall support the development and strengthening of common institutions 
in  the  Central  American  region  and  shall  promote  closer  cooperation  between  the 
institutions concerned. 

Cooperation  shall  also  promote  the  development  of  common  policies  and  the 
harmonization  of  the  legal  framework,  only  and  exclusively  to  the  extent  that  they 
are  covered  by  the  Central  American  integration  instruments  and  as  agreed  by  the 
Parties, including sectorial policies in areas 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. 

More  specifically,  it  may  include,  among  others  through  the  provision  of  trade 
related technical assistance: 

the  provision  of  assistance  to  strengthen  the  process  of  consolidation  and 
implementation of a functioning Central American customs union; 

the provision of assistance in reducing and eliminating obstacles to the development 
of intra-regional trade; 

cooperation  in  the  simplification,  modernization,  harmonization  and  integration  of 
customs  and  transit  regimes  and  provision  of  support  in  terms  of  development  of 
legislation, norms and professional training; and 

the  provision  of  assistance  to  deepen  the  process  towards  the  consolidation  and 
functioning of an intra-regional common market. 

1. 

2. 

3. 

4. 

(a) 

(b) 

(c) 

(d) 

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 Central America 
and, without undermining cooperation between the Parties, between Central America and other 
countries/regions  in  Latin  America  and  the  Caribbean  in  areas  such  as  trade  and  investment 
promotion,  environment,  natural  disaster  prevention  and  response,  scientific,  technical  and 
technological  research,  energy,  transport,  communications  infrastructure,  culture,  regional 
development and land use planning, among others. 

Article 13 
Trade cooperation 

1. 

The  Parties  agree  that  cooperation  in  trade  shall  promote  the  integration  of  the 
countries  of  Central  America  into  the  world  economy.  It  shall  also  aim  to  foster, 
through  the  provision  of  trade  related  technical  assistance,  the  development  and 

EN 

12 

   EN 

 
2. 

3. 

1. 

2. 

diversification of intra-regional trade as well as trade with the European Union to the 
highest possible degree. 

The Parties agree to implement an integrated trade cooperation agenda to best tap the 
opportunities  that  trade  implies,  broadening  the  productive  base  that  will  benefit 
from  trade,  including  the  development  of  mechanisms  to  face  the  challenges  of 
greater  market  competition,  and  building  those  skills,  instruments  and  techniques 
required to accelerate the enjoyment of all benefits of trade.  

In order to implement the cooperation agenda, and to maximize the opportunities of 
bilateral,  regional,  or  multi-lateral  trade  negotiations  and  agreements,  the  Parties 
agree to strengthen regional technical capacity building.  

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 the General Agreement on Trade in Services (GATS), 
reflecting 
the  development  and 
diversification of their economies. Increased cooperation shall be aimed at improving 
the competitiveness of the Central American services sector in a manner consistent 
with sustainable development. 

importance  of  services  for 

increasing 

the 

The  Parties  shall  identify  the  services  sectors  on  which  cooperation  will  centre. 
Activities  shall  be  geared,  among  other  things,  to  the  regulatory  environment  with 
due  regard  to  domestic  legislation,  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  in  the  areas  identified  by  the 
Parties.  Cooperation  shall  be  aimed  at  improving  the  laws,  regulations  and  policies,  with  a 
view  to  promote  levels  of  protection  and  enforcement  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,  non-
discriminatory,  transparent  and,  if  the  Parties  so  agree,  open2  procedures  for  respective 
government and public sector procurement, and where appropriate, at all levels. 

Article 17 
Cooperation in the field of competition policy 

2 

As provided in Article 2(5), ‘open’ shall not be construed to mean ‘access’.  

EN 

13 

   EN 

 
                                                 
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 
Central American and European Union markets. 

Article 18 
Customs cooperation 

The Parties agree that cooperation in this field shall be aimed at developing measures 
related  to  customs  and  trade  facilitation  and  promote  the  exchange  of  information 
concerning the customs systems of the Parties, in order to facilitate trade between the 
Parties. 

As agreed by the Parties, cooperation may include, among others: 

simplification  and  harmonization  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  authorized  trader 
status, using electronic data interchange (EDI) and automated systems; 

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

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

Consideration  may  be  given,  within  the  institutional  framework  established  by  this 
Agreement, to the conclusion of a mutual assistance protocol on customs matters. 

Article 19 
Cooperation on technical regulations and conformity assessment 

The  Parties  agree  that  cooperation  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.  

As agreed by the Parties, cooperation shall promote: 

provision  of  technical  assistance  programmes  in  Central  America  to  ensure  that 
systems  and  structures  for  standards,  accreditation,  certification  and  metrology  are 
compatible with:  

- 

- 

international standards;  

essential requirements concerning health and safety, conservation of plants and 
animals, consumer protection and environmental protection. .  

the objective of cooperation in this area to facilitate market access. 

In practice, cooperation shall: 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

3. 

1. 

2. 

(a) 

(b) 

3. 

EN 

14 

   EN 

 
(a) 

(b) 

(c) 

1. 

2. 

provide  organizational 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 regard to technical 
regulations and conformity assessment procedures; 

encourage any measure aimed at bridging the gap between the Parties in the areas of 
conformity assessment and standardization; and 

encourage any measures designed to improve transparency, good regulatory practices 
and the promotion of quality standards for products and business practices. 

Article 20 
Industrial cooperation 

The  Parties  agree  that  industrial  cooperation  shall  promote  the  modernization  and 
restructuring  of  Central  American  industry  and  individual  sectors,  as  well  as 
the  objective  of 
industrial  cooperation  between  economic  operators,  with 
strengthening  the  private  sector  under  conditions  which  promote  environmental 
protection.  

Industrial cooperation initiatives shall reflect the priorities determined by the 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 
Cooperation in the field of small and medium-sized and micro-enterprise development 

The  Parties  agree  to  promote  a  favorable  environment  for  the  development  of  small  and 
medium-sized and micro-enterprises, including those in rural areas, in particular by: 

(a) 

(b) 

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. 

Article 22 

Cooperation on agriculture and rural sector, forestry and sanitary and phytosanitary 
measures 

1. 

2. 

The  Parties  agree  to  mutual  cooperation  in  agriculture  in  order  to  promote 
sustainable  agriculture,  agricultural  and  rural  development,  forestry,  sustainable 
social  and  economic  development  and  food  security  for  the  countries  of  Central 
America. 

The cooperation shall focus with a view to promote capacity-building, infrastructure 
and technology transfer, addressing matters such as: 

EN 

15 

   EN 

 
(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

sanitary,  phytosanitary,  environmental  and  food  quality  measures,  taking  into 
account the legislation in force for both Parties, in compliance with WTO rules and 
other competent international organisations; 

diversification and restructuring of agricultural sectors; 

the  mutual  exchange  of  information,  including  that  concerning  the  development  of 
the Parties’ agricultural policies; 

technical  assistance  for  the  improvement  of  productivity  and  the  exchange  of 
alternative crop technologies; 

scientific and technological experiments; 

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

enhanced capacity for the implementation of sanitary and phytosanitary measures to 
facilitate market access as well as ensuring an appropriate level of health protection 
in accordance with the provisions of the WTO/SPS agreement. 

Article 23 
Fisheries and aquaculture cooperation 

The  Parties  agree  to  develop  economic  and  technical  cooperation  in  the  fisheries  and 
aquaculture sector, 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 Central American countries 
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) 

promoting  the  participation  of  enterprises  from  the  Parties  in  the  exploration, 
exploitation and sustainable use of minerals in accordance with their legislation ; 

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,  in  accordance  with  the 
legislation  of  each  Central  American  country  and  of  the  European  Union  and  its 
Member States; 

EN 

16 

   EN 

 
(e) 

developing  measures 
environmental responsibility in this sector. 

to  promote  environmental 

integrity  and  corporate 

Article 25 
Energy cooperation 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

The Parties agree that their joint objective will be to foster cooperation in the field of 
energy,  in  key  sectors  such  as  hydroelectricity,  electricity,  oil  and  gas,  renewable 
energy,  energy  saving  technology,  rural  electrification  and  regional  integration  of 
energy  markets,  among  others  as  identified  by  the  Parties,  and  in  compliance  with 
domestic legislation.  

Cooperation may include, among others, the following: 

formulation and planning of energy policy, including inter-connected infrastructures 
of  regional  importance,  improvement  and  diversification  of  energy  supply  and 
improvement  of  energy  markets,  including  facilitation  of  transit,  transmission  and 
distribution within the Central American countries; 

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

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

promote  the  application  of  clean  development  mechanism  to  support  the  climate 
change initiatives and its variability; 

(e) 

the issue of clean and peaceful uses of nuclear energy. 

Article 26 
Transport cooperation 

1. 

2. 

(a) 

(b) 

(c) 

The  Parties  agree  that  cooperation  in  this  field  shall  focus  on  restructuring  and 
modernizing  transport  and  related  infrastructure  systems,  improving  the  movement 
of passengers and goods and providing better access to urban, air, maritime, 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. 

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  railways,  ports  and  airports,  including  appropriate  cooperation 
between the relevant authorities; 

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

EN 

17 

   EN 

 
(d) 

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

Article 27 
Cooperation on information society, information technology and telecommunications 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

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 
contribute to the reduction of the digital divide and development of human resources. 

Cooperation in this area shall aim to promote: 

dialogue on all aspects of information society; 

in  compliance  with  domestic  legislation  of  the  Parties,  dialogue  on  regulatory  and 
policy aspects of information technology and communications, including standards; 

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

dissemination of new information and communications technologies; 

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; 

exchanges and training of specialists; 

development of e-government applications; 

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 as well as audio-visual development, production 
and distribution activities, including the educational and cultural field. Cooperation shall take 
place  in  accordance  with  the  relevant  national  copyright  provisions  and  applicable 
international agreements. 

Article 29 
Cooperation on tourism 

The Parties agree that cooperation in this field shall aim to consolidate best practices in order 
to ensure balanced and sustainable development of tourism in the Central American region. 
Cooperation  should  aim  to  develop  strategies  to  better  position  and  promote  the  region  in 
Europe as a competitive tourist multi destination.  

EN 

18 

   EN 

 
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 financial institutions. 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

1. 

2. 

1. 

2. 

Article 31 
Cooperation in the field of investment promotion 

The Parties agree to promote, within the scope of their respective competencies, an 
attractive and stable reciprocal investment climate. 

Cooperation may include: 

encouraging  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 between the Member States and the Central American countries ;  

promoting simplified administrative procedures;  

developing joint venture mechanisms. 

Article 32 
Macroeconomic dialogue 

The Parties agree that cooperation 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. 

The  Parties  shall  also  aim  to  deepen  the  dialogue  between  their  authorities  on 
macroeconomic  matters  and,  as  agreed  by  the  Parties,  may  include  areas  such  as 
monetary policy, fiscal policy, public finance, and macroeconomic stabilization and 
external debt. 

Article 33 
Statistics cooperation 

The  Parties  agree  that  the  main  objective  shall  be  to  develop  better  statistical 
methods and programmes including gathering and dissemination of statistics, aimed 
at  generating  indicators  with  enhanced  comparability  between  the  Parties,  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.  

This  cooperation  could  include,  among  others:  technical  exchanges  between 
statistical  institutes  in  Central  America  and  in  European  Union  Member  States  and 
Eurostat; development of improved, and where relevant, consistent methods of data 

EN 

19 

   EN 

 
collection, analysis and interpretation; and organization of seminars, working groups 
or statistical training programmes. 

Article 34 
Cooperation on consumer protection 

1. 

(a) 

The Parties agree that cooperation in this field may involve, amongst others and to 
the extent possible:  

improved mutual understanding of consumer legislation in order to avoid barriers to 
trade while ensuring a high level of consumer protection; 

(b) 

promoting exchange of information on consumer protection systems. 

Article 35 
Cooperation on data protection 

1. 

2. 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

2. 

3. 

The  Parties  agree  to  cooperate  on  the  protection  in  the  processing  of  personal  data 
and other data, with a view to promoting the highest international standards. 

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 free movement of personal 
data between the Parties, with due regard to domestic legislation of the Parties. 

Article 36 
Scientific and technological cooperation 

The Parties agree that cooperation in science and technology shall be carried out in 
their mutual interest and in compliance with their policies, and shall aim to:  

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

promote human resources development; 

foster relations between the Parties' scientific communities; 

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

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

The  Parties  agree  to  promote  and  strengthen  scientific,  research,  technological 
development  and  innovation  processes,  involving  higher-education  institutions, 
research  centers  and  productive  sectors,  especially  small  and  medium-sized 
enterprises shall be encouraged on both sides. 

Foster scientific and technological cooperation among universities, research institutes 
and productive sectors of both regions, including scholarships, student and specialists 
exchange programmes. 

EN 

20 

   EN 

 
4. 

1. 

2. 

3. 

4. 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

The  Parties  agree  to  strengthen  the  links  of  cooperation  between  scientific, 
technological and innovation entities for the promotion, dissemination and transfer of 
technology.  

Article 37 
Cooperation on education and training 

The Parties agree that cooperation in this field shall aim to determine how to improve 
education  and  vocational  training.  To  this  end,  access  by  young  people,  women, 
indigenous  peoples  and  other  Central  American  ethnic  groups,  as  well  as  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. 

The  Parties  agree  to  co-operate  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  decentralized  operations  and 
programmes  (ALFA,  ALBAN,  URB-AL,  etc.),  forging  permanent  links  between 
specialized bodies in both Parties, which will encourage the pooling and exchange of 
experience  and  technical  resources.  In  this  context,  co–operation  may  also  support 
actions and programmes of education and training to address the specific needs of the 
Central American countries. 

The  Parties  will  promote  education  of  the  indigenous  peoples,  also  in  their  own 
languages. 

Article 38 
Environmental and biodiversity cooperation 

The  Parties  agree  that  cooperation  in  this  field  shall  promote  the  protection  of  the 
environment  in  pursuit  of  sustainable  development.  In  this  connection,  the 
relationship between poverty and the environment and the environmental impact of 
economic  activities  are  considered  important.  Cooperation  should  also  promote 
effective  participation  in  international  environmental  agreements  in  areas  such  as 
climate change, biodiversity, desertification and chemicals management.  

Cooperation may focus among others on: 

preventing  degradation  of  the  environment;  for  that  purpose,  cooperation  should 
include  the  issue  of  the  transfer  of  environmentally  sustainable  and/or  clean 
technologies; 

promoting  the  conservation  and  sustainable  management  of  natural  resources 
(including biodiversity and genetic resources); 

encouraging national and regional monitoring of biodiversity; 

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

EN 

21 

   EN 

 
(e) 

(f) 

(g) 

promoting harmonization of environmental legislation in Central America; 

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

promoting  environmental  education,  creation  of  capacity  and  strengthening  of 
citizen’s participation;  

(h) 

encouraging joint regional research programmes. 

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 
Central  American  region  to  natural  disasters  through  strengthening  regional  research, 
planning, monitoring prevention, response and rehabilitation capacities, harmonizing the legal 
framework and improving institutional co-ordination and government support.  

1. 

2. 

3. 

4. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Article 40 
Cultural cooperation 

The Parties agree that cooperation in this sphere, cultural ties and contacts between 
cultural agents in both regions shall be expanded. 

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

Cooperation  shall  take  place  in  accordance  with  the  relevant  national  copyright 
provisions and international agreements. 

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

translation of literary works; 

conservation, restoration, recovery and revitalization of cultural heritage; 

cultural events and related activities, as well as exchanges of artists and professionals 
in the cultural area;  

promotion of cultural diversity, particularly that of the indigenous peoples and other 
Central American ethnic groups; 

youth exchanges;  

combat and prevention of illicit traffic of cultural patrimony; 

promotion of handicraft and cultural industries.  

Article 41 
Cooperation in the field of health 

EN 

22 

   EN 

 
1. 

2. 

1. 

2. 

3. 

4. 

1. 

2. 

(a) 

(b) 

The  Parties  agree  to  co-operate  in  the  health  sector  with  the  aim  of  supporting 
sectorial reforms that make health service delivery pro-poor and equitable as well as 
in  promoting  fair  financing  mechanisms  that  improve  access  to  health  care  and 
nutritional security for the poor. 

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, such as the fight against AIDS, malaria, tuberculosis and other 
epidemics.  Partnerships  with  civil  society,  NGOs  and  the  private  sector  are  also 
needed to address sexual health and rights in a gender sensitive approach and to work 
with  young  people  to  prevent  sexually  transmitted  diseases  and  unwanted 
pregnancies,  provided  that  these  objectives  do  not  contravene  the  legal  framework 
and cultural sensitivity of the countries.  

Article 42 
Social cooperation 

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. Particular account shall be taken of the need to avoid discrimination in the 
treatment  of  nationals  of  either  Party  residing  legally  in  the  territories  of  the  other 
Party. 

The Parties acknowledge the importance of social development, which must go hand 
in  hand  with  economic  development  and  agree  to  give  priority  to  employment, 
housing  and  human  settlements  in  accordance  with  their  respective  policies  and 
constitutional provisions, as well as the promotion of the fundamental principles and 
rights at work identified by the International Labor Organization’s conventions, the 
so-called Core Labor Standards.  

The Parties may co-operate in any area of mutual interest in the above fields.  

Where  appropriate,  and  in  accordance  with  their  respective  procedures,  the  Parties 
may conduct this dialogue in co-ordination with the European Economic and Social 
Committee and its Central American counterpart, respectively. 

Article 43 
Participation of civil society in cooperation 

The  Parties  recognize  the  role  and  potential  contribution  of  civil  society  in  the 
cooperation process and agree to promote effective dialogue with civil society. 

Subject to the legal and administrative provisions of each Party, civil society may: 

be  consulted  during  the  policy  making  process  at  country  level  according  to 
democratic principles; 

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

EN 

23 

   EN 

 
(c) 

(d) 

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, programmes, 
and  mechanisms  aimed  at  ensuring,  improving  and  expanding  the  equal  participation  and 
opportunities for 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 
Cooperation on indigenous peoples and other Central American ethnic groups 

1. 

2. 

1. 

2. 

(a) 

(b) 

(c) 

The  Parties  agree  that  cooperation  in  this  field  shall  contribute  to  promote  the 
establishment  of  organizations  for  indigenous  peoples  and  other  Central  American 
ethnic groups as well as strengthening the existing ones, in the context of promoting 
the  goals  of  poverty  eradication,  sustainable  management  of  natural  resources, 
respect for human rights, democracy and cultural diversity. 

In  addition  to  taking  systematic  account  of  the  situation  of  indigenous  peoples  and 
other  Central  American  ethnic  groups  at  all  levels  of  development  cooperation,  the 
Parties  shall  integrate  their  particular  situation  in  the  development  of  policies  and 
strengthen the capacity of their organizations in order to increase the positive effects 
of  development  cooperation  on  these  groups,  in  accordance  with  national  and 
international obligations of the Parties. 

Article 46 
Cooperation on uprooted peoples and demobilized combatants 

The  Parties  agree  that  cooperation  in  support  of  uprooted  peoples  and  demobilized 
combatants  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.  

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

self-sufficiency and reintegration into the socio-economic fabric of uprooted peoples 
and demobilized combatants; 

aid  to  local  host  communities  and  resettlement  areas  to  foster  acceptance  and 
integration of uprooted peoples and demobilized combatants; 

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

EN 

24 

   EN 

 
(d) 

(e) 

(f) 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

1. 

2. 

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; 

strengthening the institutional capacity of countries faced with these issues; 

support for the reinsertion into political, social and productive life, including, where 
applicable, as part of a reconciliation process. 

Article 47 
Cooperation in combating illicit drugs and related crime 

On the basis of the principle of co-responsibility, the Parties agree that cooperation in 
this field shall aim to co-ordinate and increase joint efforts to prevent and reduce the 
production,  trafficking  and  consumption  of  illicit  drugs.  The  Parties  also  agree  to 
endeavor  to  combat  crime  relating  to  this  traffic,  among  others,  through  the 
intermediary  of  international  organizations  and  bodies.  Without  prejudice  to  other 
cooperation  mechanisms,  the  Parties  agree  that  the  Co-ordination  and  Cooperation 
Mechanism  on  Drugs  between  the  European  Union  and  Latin  America  and  the 
Caribbean shall also be used for this purpose. 

The Parties shall co-operate in this area to implement in particular:  

programmes to prevent drug abuse, especially in vulnerable and high risk groups;  

projects  to  train,  educate,  treat  and  rehabilitate  drug  addicts  and  their  reintegration 
into society;  

projects  favoring  harmonization  of  legislation  and  action  in  this  field  in  Central 
America;  

joint research programmes;  

measures  and  cooperation  activities  aimed  at  encouraging  alternative  development, 
in particular, the promotion of legal crops of small producers;  

measures  to  control  trade  in  precursor  and  essential  products  equivalent  to  those 
adopted by the European Community and the competent international bodies;  

measures  to  reduce  illicit  drug  supply,  including  training  in  administrative  control 
systems to avoid the deviation of chemical precursors, and control of related crimes.  

Article 48 
Cooperation in combating money laundering and related crime 

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. 

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 information and the adoption of appropriate standards to combat money 

EN 

25 

   EN 

 
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), and the United Nations. Cooperation at regional level shall be encouraged. 

Article 49 
Cooperation on migration 

The Parties reaffirm the importance of joint management of migration flows between 
their territories. With a view to strengthening cooperation, the Parties shall establish 
a comprehensive dialogue on all migration-related issues, including illegal migration, 
smuggling  and trafficking of human beings,  and refugee flows. Migration concerns 
should be included in the national strategies for economic and social development of 
the countries of origin, transit and destination of migrants. 

Cooperation  shall  acknowledge  that  migration  is  a  phenomenon  and  that  different 
perspectives  should  be  analyzed  and  discussed  in  order  to  address  this  fact  in 
accordance  with  relevant  applicable  international,  Community,  and  national 
legislation. It will, in particular, focus on: 

the root causes of migration; 

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 regional and international instruments to ensure the respect of the principle 
of “non-refoulement”; 

the  admission  rules,  as  well  as  rights  and  status  of  persons  admitted,  fair  treatment 
and integration policies for all legally residing non-nationals, education and training 
and measures against racism and xenophobia and all applicable provisions regarding 
human rights of migrants; 

the establishment of an effective and preventive policy against illegal immigration. It 
shall also focus on smuggling of migrants and trafficking of human beings including 
the  issue of ways to  combat  networks and  criminal organizations of smugglers and 
traffickers and to protect the victims of such trafficking; 

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

the field of visas, on issues identified as being of mutual interest; 

the field of border controls, on issues related to organization, training, best practices 
and other operational measures on the ground and where relevant, equipment, while 
being aware of the potential dual use of such equipment. 

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  Central  American  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 

1. 

2. 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

3. 

EN 

26 

   EN 

 
identity  documents  and  extend  to  them  the  administrative  facilities  necessary 
for such purposes; 

- 

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  a  Central  American  Country,  provide  their  nationals  with  appropriate 
identity  documents  and  extend  to  them  the  administrative  facilities  necessary 
for such purposes;  

The Parties agree to conclude, upon request and as soon as possible, an agreement regulating 
specific  obligations  for  Member  States  of  the  European  Union  and  the  Central  American 
countries  on  readmission.  This  agreement  will  also  address  the  issue  of  readmission  of 
nationals of other countries and stateless persons. 

For this purpose, the term “Parties” shall mean the Community, any of its Member States and 
any Central American Country.  

1. 

(a) 

(b) 

(c) 

1. 

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,  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: 

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

With  the  aim  of  contributing  to  fulfilling  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. In this context, the Parties shall approve, to the extent possible, a 
pluriannual  programme  and  establish  priorities,  taking  into  consideration  the  needs 
and level of development of the Central American countries. 

2. 

The Parties shall take all appropriate measures to promote and facilitate the European 
Investment  Bank’s  activities  in  Central  America  in  accordance  with  its  own 

EN 

27 

   EN 

 
procedures  and  financing  criteria  and  with  their  laws  and  regulations,  and  without 
prejudice to the powers of their competent authorities. 

3. 

The  Central  American  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 Central American Country. 

EN 

28 

   EN 

 
Article 52 
Institutional Framework 

1. 

2. 

3. 

4. 

5. 

The  Parties  agree  to  retain  the  Joint  Committee,  established  pursuant  to  the  1985 
Central  America  Cooperation  Agreement  and  retained  by  the  1993  Framework 
Cooperation Agreement.  

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  with  individual  Member  Countries  of  the  Central  American 
Party. 

The  agendas  for  Joint  Committee  meetings  shall  be  set  by  mutual  agreement.  The 
Committee shall itself establish provisions concerning the frequency and location of 
its  meetings,  chairmanship,  and  other  issues  that  may  arise,  and  shall,  where 
necessary, set up sub-committees. 

A  Joint  Consultative  Committee,  consisting  of  representatives  of  the  Consultative 
Committee  of  the  Central  American  Integration  System  (CC-SICA)  and  the 
European Economic and Social Committee (EESC), shall be established in order to 
assist  the  Joint  Committee  to  promote  dialogue  with  economic  and  social 
organizations of civil society.  

The Parties encourage the European Parliament and the Central American Parliament 
(Parlacen) to establish an Inter-parliamentarian Committee, in the framework of this 
Agreement, in accordance with their constitutional laws. 

Article 53 
Definition of the Parties 

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 Republics of 
Costa  Rica,  El  Salvador,  Guatemala,  Honduras,  Nicaragua  and  Panama,  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. 

2. 

3. 

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. 

Notifications shall be sent to the Secretary General of the Council of the European 
Union, who shall be the depository of this Agreement. 

From the date of its entry into force in accordance with paragraph 1, this Agreement 
shall replace the Framework Cooperation Agreement of 1993. 

EN 

29 

   EN 

 
Article 55 
Duration 

1. 

2. 

1. 

2. 

This  Agreement  shall  be  valid  indefinitely.  In  this  context,  and  as  stated  in  Article 
2(3) of this Agreement, the Parties recall the Madrid Declaration of 17 May 2002. 

Either  Party  may  give  written  notice  to  the  other  of  its  intention  to  denounce  this 
Agreement. Denunciation shall take effect six months after notification to the other 
Party. 

Article 56 
Fulfillment of the obligations 

The Parties shall adopt any general or specific measures required for them to fulfill 
their  obligations  under  this  Agreement  and  shall  ensure  that  they  comply  with  the 
objectives laid down in this Agreement. 

If one of the Parties considers that the other Party has failed to fulfill 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. 

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

3. 
measures in accordance with international law in case of: 

(a) 

(b) 

denunciation 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, 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. 

2. 

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. 

No opportunities for cooperation shall be ruled out in advance. The Parties may use 
the Joint Committee to explore practical possibilities for cooperation in their mutual 
interest. 

EN 

30 

   EN 

 
3. 

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.  

Article 58 
Data protection 

For  the  purposes  of  the  present  Agreement,  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 Republics of Costa Rica, El Salvador, 
Guatemala, Honduras, Nicaragua and Panama. 

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.  

EN 

31 

   EN 

 
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 Central American 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. 

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

EN 

32 

   EN