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Law Approving The Political Dialogue And Cooperation Agreement Between The European Community And Its Member States, Of One Part, And The Andean Community And Its Countries (Bolivia, Colombia, Ecuador, Peru And Venezuela), On The Other Hand, And L

Original Language Title: Loi portant assentiment à l'Accord de dialogue politique et de coopération entre la Communauté européenne et ses Etats membres, d'une part, et la Communauté andine et ses Pays membres (Bolivie, Colombie, Equateur, Pérou et Venezuela), d'autre part, et à l

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1er MAI 2006. - An Act to endorse the Agreement on Political Dialogue and Cooperation between the European Community and its Member States, on the one hand, and the Andean Community and its Member Countries (Bolivia, Colombia, Ecuador, Peru and Venezuela), on the other hand, and the Annex, made in Rome on 15 December 2003 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on Political Dialogue and Cooperation between the European Community and its Member States, on the one hand, and the Andean Community and its Member Countries (Bolivia, Colombia, Ecuador, Peru and Venezuela), on the other hand, and the Annex, made in Rome on 15 December 2003, will come out their full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 1er May 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Secretary of State for European Affairs,
DONFUT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006.
Senate.
Documents. - Bill tabled on 11 January 2006, No. 3-1504/1. - Report, number 3-1504/2.
Annales parliamentarians. - Discussion and voting. Session of March 9, 2006.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-2333/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2333/2.
Annales parliamentarians. - Discussion and voting, Session of March 23, 2006.
(2) See Decree of the Flemish Community/ Flemish Region of 22 December 2006 (Belgian Monitor of 27 February 2007), Decree of the French Community of 10 March 2006 (Belgian Monitor of 8 May 2006), Decree of the German-speaking Community of 29 October 2007 (Belgian Monitor of 4 January 2008 ), Decree of the Walloon Region of 16 March 2006 (Belgian Region of 30 March 2006), Order of the Belgian Region

Accord de dialogue politique et de coopération entre la Communauté européenne et ses Etats membres, d'une part, et la Communauté Andine et ses Pays membres (Bolivia, Colombie, Equateur, Pérou et Venezuela), d'autre part
BELGIUM,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
LUXEMBOURG,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE PORTUGAISE REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
Contracting Parties to the Treaty establishing the European Community and to the Treaty on the European Union, below referred to as "Member States", and
THE EUROPEAN COMMUNITY,
on the one hand, and
LA COMMUNAUTE ANDINE ET SES PAYS MEMBRES,
THE REPUBLIC OF BOLIVIA,
THE REPUBLIC OF COLOMBIA,
THE REPUBLIC OF THE ECUADOR,
THE REPUBLIC OF THE PERU,
THE BOLIVARIEN REPUBLIC OF VENEZUELA,
on the other hand,
Considering the traditional historical and cultural ties between the parties and their desire to strengthen their relations on the basis of the principles that govern them at present;
Considering that this new agreement of political dialogue and cooperation should represent a qualitative step forward by allowing to deepen and broaden the relations between the European Union and the Andean Community, and by also providing new areas of interest to both parties;
Reaffirming their respect for the democratic principles and fundamental human rights enshrined in the Universal Declaration of Human Rights, as well as respect for international humanitarian law;
Recalling their commitment to the principles of the rule of law and good governance;
Convinced of the importance of combating illicit drugs and the crime it induced, building on the principles of shared responsibility, as well as global, balanced and multilateral action;
Emphasizing their commitment to work together to achieve the goals of poverty eradication, social justice and cohesion, as well as equitable and sustainable development, taking into account aspects such as vulnerability to natural disasters, the conservation and protection of the environment and biodiversity, the strengthening of respect for human rights, democratic institutions and good governance, as well as the progressive integration of the Andean countries into the global economy;
Emphasizing the importance attached by the parties to the consolidation of the political dialogue on bilateral, regional and international issues of common interest, as well as to the mechanisms of dialogue, as already advocated by the joint statement on political dialogue between the European Union and the Andean Community, signed in Rome on 30 June 1996;
Emphasizing the need to strengthen the cooperation programme governed by the cooperation framework agreement signed in 1993 between the European Community and the Cartagena Agreement and its member countries (the Republics of Bolivia, Colombia, Ecuador, Peru and Venezuela), the following designated the "Country Framework Agreement" of 1993;
Acknowledging the need to deepen the process of regional integration, trade liberalization and economic reform within the Andean Community, as well as to intensify efforts to prevent conflicts in order to establish an Andean zone of peace, in the spirit of "Lima's commitment" (the Andean force for peace and security and for the limitation and control of foreign defence expenditures);
Aware of the need to promote sustainable development in the Andean region through a development partnership involving all relevant actors, including civil society and the private sector, in accordance with the principles set out in the Monterrey Consensus and the Johannesburg Declaration and its implementation plan;
Convinced of the need for cooperation on migration, asylum and refugees;
Emphasizing the willingness to cooperate in international forums;
Aware of the need to consolidate the relations between the European Union and the Andean Community, in order to strengthen the mechanisms on which these relations are based, so as to adapt to the new dynamics of international relations, in a global and interdependent world;
Bearing in mind the strategic partnership established between the European Union and Latin America and the Caribbean as part of the 1999 Rio Summit, then reaffirmed at the 2002 Madrid Summit; and
Reiterating, in this context, the need to encourage the necessary exchanges for the creation of conditions for a strengthening of relations between the European Union and the Andean Community, based on solid and mutually beneficial foundations,
have decided to conclude this Agreement:
PART Ier. - OBJECTIVES, NATURE AND AGREEMENT APPROVAL CHAMP
ARTICLE 1er
Principles
1. Respect for both democratic principles and fundamental human rights as defined in the universal declaration of human rights, and the principle of the rule of law inspires the internal and international policies of the parties and constitutes an essential element of this agreement.
2. The parties confirm their commitment to sustainable development and contribute to the achievement of the Millennium Development Goals.
3. The contracting parties also reaffirm their commitment to the principles of good governance and the fight against corruption.
ARTICLE 2
Objectives and scope
1. The parties confirm their common objective of strengthening their relations in all areas covered by this Agreement, by developing political dialogue and intensifying cooperation.
2. The parties confirm their common objective of working to create the conditions that could be used to negotiate, building on the results of the Doha work programme that they committed themselves to achieving, by the end of 2004, a realistic and mutually beneficial association agreement, including a free trade zone.
3. The implementation of the agreement must contribute to creating these conditions through the search for political and social stability, the deepening of the regional integration process and the reduction of poverty in the context of sustainable development in the Andean Community.
4. This Agreement governs the political dialogue and cooperation between the parties and includes the institutional arrangements necessary for its implementation.
5. The parties undertake to regularly assess the progress made, taking into account the progress made before the agreement comes into force.
PART II. - POLITICAL DIALOGUE
ARTICLE 3
Objectives
1. The parties agree to strengthen their regular political dialogue on the basis of the principles set out in the 1993 Framework Cooperation Agreement and in the 1996 Rome Declaration between the parties.
2. The parties agree that political dialogue should cover all aspects of mutual interest and any other international issues. It will be used to prepare for the development of new initiatives for the pursuit of common objectives and the establishment of a common basis in areas such as security, regional development and stability, conflict prevention and resolution, human rights, ways to strengthen democratic governance, the fight against corruption, sustainable development, illegal immigration and the fight against terrorism and narcotics, including precursor chemicals, and small arms trafficking It will also provide a basis for initiatives and will support efforts to develop initiatives, including cooperation, and actions across Latin America.
3. The parties agree that this political dialogue will allow a broad exchange of information and will provide a forum for the development of joint initiatives at the international level.
ARTICLE 4
Mechanisms
The parties agree that the political dialogue will be conducted:
(a) where appropriate and when appropriate, at the level of Heads of State and Government;
(b) at the ministerial level;
(c) at the senior level;
(d) at the service level;
and will pass through diplomatic channels as much as possible.
ARTICLE 5
Cooperation in the field of foreign policy and security
The parties shall endeavour, to the extent possible, to cooperate in the field of foreign policy and security, to coordinate their positions and to take joint initiatives in appropriate international forums.
PART III. - COOPERATION
ARTICLE 6
Objectives
1. The parties agree that the cooperation provided for in the 1993 Framework Agreement will be strengthened and extended to other areas. It will focus on:
(a) Strengthening peace and security;
(b) promoting political and social stability through strengthening democratic governance and respect for human rights;
(c) deepen the process of regional integration among the countries of the Andean region in order to contribute to their social, political and economic development, including the strengthening of their production and export capacities;
(d) reduce poverty, create greater social and regional cohesion, and promote more equitable access to social services and the fruits of economic growth, ensuring a fair balance between economic, social and environmental components in the context of sustainable development.
2. The parties agree that cooperation will take into account the cross-cutting aspects of socio-economic development, including issues of equality between men and women, respect for indigenous populations, prevention and management of natural disasters, environmental conservation and protection, biodiversity, and will encourage research and technological development. Regional integration will also be considered a cross-cutting issue and, in this regard, cooperation actions at the national level must be consistent with the regional integration process.
3. The parties agree that measures to promote regional integration in the Andean region and to strengthen interregional relations between the two parties will be encouraged.
ARTICLE 7
Averages
The parties agree that cooperation will be implemented through technical and financial assistance, studies, training programs, information exchanges and know-how, meetings and seminars, research projects, infrastructure development, the use of new financial mechanisms or any other means that have been approved by the parties as part of the cooperation, objectives pursued and means made available to the parties.
ARTICLE 8
Cooperation in human rights, democracy and good governance
The parties agree that cooperation in this area will be aimed at providing active support to governments and civil society representatives organized through actions in particular in the following areas:
(a) the promotion of human rights, the democratic process and good governance, including good management of electoral procedures;
(b) strengthening the rule of law and effective and transparent management of public affairs, in particular combating corruption at the local, regional and national levels; and
(c) ensuring an independent and effective judicial system;
(d) implementation and dissemination of the Andean Charter for the Promotion and Protection of Human Rights.
ARTICLE 9
Conflict prevention cooperation
1. The parties agree that cooperation in this area will be aimed at promoting and maintaining a comprehensive peace policy that promotes, inter alia, conflict prevention and resolution. This policy will be based on the principle of the commitment and participation of society and will focus on the development of regional, subregional and national capacities. It will aim to ensure that all components of society enjoy the same political, economic, social and cultural opportunities, to strengthen democratic legitimacy, to promote social cohesion and the effectiveness of public affairs management, to establish effective mechanisms for peaceful conciliation of the interests of the various groups and to promote an active and organized civil society.
2. The activities envisaged include the support of mediation, negotiation and reconciliation processes, the regional management of shared natural resources, the disarmament, demobilization and social reintegration of former members of illegal armed groups, the efforts made to resolve the issue of children soldiers (defined by the UN Convention on the Rights of the Child), the actions carried out in the fight against anti-personnel mines, the programmes of training
3. The parties are also cooperating in the area of prevention and combating the illegal trafficking of small arms and light weapons, with a view, inter alia, to coordinate efforts to strengthen cooperation in the legal, institutional and police fields, and to collect and destroy small arms and light weapons illegally held by civilians.
ARTICLE 10
Cooperation in the modernization of the state and public administration
1. The parties agree that cooperation in this area will aim to modernize the public administration of the Andean countries and, in particular, to support the decentralization processes as well as organizational changes induced by the integration process of the Andean region. The objective will be, in general, to strengthen organizational efficiency, to ensure transparent management of public finances by focusing on accountability and to improve the legal and institutional framework, based on the best practices of each party and the experience gained by developing policies and instruments in the European Union.
2. This may include the implementation of programmes to develop the capacity to design and implement policies (public services, budget composition and execution, the prevention of corruption and the fight against corruption and the participation of organized civil society) and the strengthening of judicial systems.
ARTICLE 11
Regional integration cooperation
1. The parties agree that cooperation in this area is aimed at strengthening the regional integration process within the Andean Community region and in particular the construction and implementation of its common market.
2. Cooperation will support the development and strengthening of institutions common to the member countries of the Andean Community and encourage closer relations among the institutions concerned. It will enhance institutional exchanges in the areas of integration, broadening and deepening reflection in the following areas: analysis and promotion of integration, publications, academic studies in the field of integration, scholarships and internships.
3. Co-operation activities will also promote the development of common policies and the harmonization of the legal framework; These include sectoral policies such as trade, customs, energy, transport, communications, the environment and competition, as well as coordination of macroeconomic policies in areas such as monetary policy, fiscal policy and public finances.
4. More specifically, this cooperation may include, but may not be limited to, the provision of trade-related technical assistance in favour of the following actions:
(a) the organization and implementation of the Andean Customs Union;
(b) the reduction and elimination of barriers to the development of intraregional trade;
(c) the simplification, modernization, harmonization and integration of customs and transit regimes and the provision of support for the development of legislation, standards and vocational training; and
(d) the creation of a common market, at the regional level, allowing the free movement of goods, services, capital and people, as well as other complementary measures necessary to ensure its full implementation.
5. The parties further agree that Andean policies related to border integration and development are an essential element of the intensification and consolidation of the regional and subregional integration process.
ARTICLE 12
Regional cooperation
The parties agree to use all existing instruments of cooperation to promote activities aimed at developing active and reciprocal cooperation between the European Union and the Andean Community, on the one hand, and between the Andean countries and other Latin American and Caribbean countries/regions on the other hand, in areas such as the promotion of trade and investment, the environment, the prevention and management of natural disasters, research, energy, transport
ARTICLE 13
Trade cooperation
In view of the common objective of the EU and the Andean Community to work towards creating the conditions that could allow for the negotiation, building on the results of the Doha work programme, of a realistic and mutually beneficial association agreement, including a free trade zone, the parties agree that trade cooperation will courage the development of the capacities of the Andean countries to enable them to become more competitive and, consequently, to participate more actively in the European market.
In view of this objective, trade-related assistance must include activities in the following areas: trade facilitation and customs (such as simplification of procedures, modernization of customs administrations and training of officials), technical standards, sanitary and phytosanitary measures, intellectual property rights, investment, services, public procurement, dispute resolution systems, etc. It will promote the expansion and diversification as far as possible of intraregional trade and encourage the active participation of the Andean region in multilateral trade negotiations, within the framework of the World Trade Organization.
Trade-related technical assistance must also encourage the identification and removal of barriers to trade development.
An additional objective may be to encourage and support, inter alia, the following activities:
- trade promotion activities, including useful trade between enterprises of both parties;
- commercial missions;
- market analysis;
- the search for optimal adaptation of local production at the demand of external markets.
ARTICLE 14
Services cooperation
In this sector, in accordance with the rules of the General Agreement on Trade in Services (GATS), both parties will strengthen their cooperation to reflect the increasing importance of services for the development and diversification of their respective economies. The purpose of this enhanced cooperation will be to improve the competitiveness of the services sector of the Andean Community and to facilitate its increased participation in the global trade in services while meeting the criteria for sustainable development. The parties will determine the areas on which the co-operation effort will be a priority. Activities will focus, among other things, on the regulatory environment as well as access to funding sources and technology.
ARTICLE 15
Intellectual property cooperation
The parties agree that cooperation in this area will aim to promote investment, technology transfer, information dissemination, cultural and creative activities and other related economic activities, as well as wider access and profit-sharing. Both parties will undertake to ensure, within the framework of their respective legislation, regulations and policies, adequate and effective protection of intellectual property rights, in accordance with the strictest international standards and conventions.
ARTICLE 16
Cooperation in public procurement
The parties agree that cooperation in this area aims to promote reciprocal, open, non-discriminatory and transparent procedures for public procurement at all levels.
ARTICLE 17
Cooperation in the field of competition policy
The parties agree that cooperation in this area will be aimed at promoting the effective introduction and application of competition rules and the dissemination of information in order to promote transparency and legal security for companies operating in the Andean Community market.
ARTICLE 18
Customs cooperation
1. The parties agree that the aim of cooperation in this area will be to ensure compliance with the provisions of the World Trade Organization relating to trade and sustainable development and to achieve compatibility of the customs regimes of both parties in order to facilitate exchanges between them.
2. Cooperation activities may include:
(a) the simplification and harmonization of import and export documents on the basis of international standards, and in particular the use of simplified declarations;
(b) the improvement of customs procedures through the use of methods such as risk assessment, simplified procedures for the declaration and free practice of goods and the granting of registered operator status, using the exchange of computerized data (EDI) and automated systems;
(c) the application of measures to improve transparency and appeal procedures against customs decisions;
(d) the introduction of mechanisms to ensure regular consultations with the business community on import and export regulations and procedures.
3. The parties agree to consider, within the institutional framework established by this Agreement, the conclusion of a mutual assistance protocol on customs matters.
ARTICLE 19
Cooperation in technical regulation and conformity assessment
1. The parties agree that cooperation with respect to standards, technical regulation and conformity assessment is an essential objective for trade development, especially intraregional trade.
2. The objective of cooperation between the parties will be to promote efforts in the following areas:
(a) regulatory cooperation;
(b) aligning technical regulations with international and European standards; and
(c) the establishment of a regional notification system and a network of non-discriminatory conformity assessment bodies and strengthening the use of accreditation.
3. In practice, cooperation will:
(a) provide technical and organizational support to promote the development of regional networks and organizations and to strengthen policy coordination to promote a common strategy for the application of international and regional standards and to encourage the adoption of compatible technical regulations and conformity assessment procedures;
(b) encourage any measures to bridge the differences between the parties in the areas of conformity assessment and standardization, including the exchange of information on standards, conformity assessment and type approval; and
(c) To encourage measures to improve compatibility among party systems in the areas indicated above, including transparency, good regulatory practices and the promotion of quality standards for trade products and practices.
ARTICLE 20
Industrial cooperation
1. The parties agree that industrial cooperation between the parties will aim to promote the modernization and restructuring of the Andean industry and various sectors, as well as industrial cooperation among economic operators, with a view to strengthening the private sector under conditions guaranteeing the protection of the environment.
2. Industrial cooperation initiatives will translate the priorities identified by both parties. They will take into account regional aspects of industrial development by encouraging transnational partnerships, where appropriate. In particular, they will aim to establish an appropriate framework for improving management know-how and promoting transparency in the markets and conditions under which companies operate.
ARTICLE 21
Cooperation in the development of small and medium-sized enterprises and microenterprises
The parties will focus on promoting an environment conducive to the development of small and medium-sized enterprises and microenterprises through, inter alia, the following:
(a) encourage contacts between economic operators, joint investments and joint enterprises and information networks through existing horizontal programmes;
(b) facilitate access to funding sources, provide information and stimulate innovation;
(c) Facilitating technology transfer;
(d) Identify and study marketing circuits.
ARTICLE 22
Cooperation in agriculture, forestry and rural development
The parties agree to promote mutual cooperation in the areas of agriculture, forestry and rural development in order to encourage diversification, environmental practices, sustainable economic and social development and food security. The parties shall consider for this purpose:
(a) measures to improve the quality of agricultural products, capacity-building and technology transfer, and measures concerning producer associations and support for trade promotion activities;
(b) measures relating to environmental health, zoosanitary and phytosanitary measures and any other related aspects, taking into account the legislation currently applied by both parties and in accordance with the rules of the World Trade Organization and multilateral environmental agreements;
(c) measures related to the sustainable socio-economic development of rural territories, including environmental, forestry, research, access to land, sustainable rural development and food security;
(d) measures related to the preservation and promotion of traditional activities based on the specific identity of rural populations and communities, such as the exchange of experiences and partnerships, the development of common enterprises and the establishment of cooperative networks between local economic agents or operators.
ARTICLE 23
Cooperation in the field of fisheries and aquaculture
The parties agree to develop economic and technical cooperation in the fisheries and aquaculture sector, particularly with regard to the sustainable use, management and conservation of fisheries resources and the assessment of environmental impact. Cooperation must also focus on areas such as the processing industry and trade facilitation. It may 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 the conclusion of multilateral fisheries agreements between the two parties.
ARTICLE 24
Cooperation in the mining field
The parties agree that, taking into account environmental conservation aspects, cooperation in this area will focus on:
(a) promote the participation of companies from the parties in the sound exploration and exploitation of minerals and their use, in accordance with their respective legislation;
(b) promote the exchange of information, experience and technology with respect to mine prospecting and mining;
(c) promote the exchange of experts and conduct joint research to increase opportunities for technological development;
(d) develop measures to stimulate investment in this area;
e) develop measures to ensure environmental integrity and corporate responsibility for the environment.
ARTICLE 25
Energy cooperation
1. The parties agree that their common objective will be to promote cooperation in the field of energy and, in particular, to consolidate the economic relations of key sectors such as hydroelectricity, oil and gas, renewable energies, energy-saving technologies, campaign electrification and regional integration of energy markets, taking into account the fact that the Andean countries are already implementing projects of electrical interconnections.
2. Cooperation may include:
(a) energy policy issues, including interconnection of regional infrastructure, improvement and diversification of supply and improved access to energy markets, including transit, transport and distribution facilitation;
(b) management and training in the energy sector and technology and know-how transfers;
(c) the promotion of energy saving, energy efficiency, renewable energy and the study of the environmental impact of energy production and consumption;
(d) Enterprise cooperation initiatives in this sector.
ARTICLE 26
Transport cooperation
1. The parties agree that cooperation in this area will focus on the restructuring and modernization of transport systems and infrastructure, the improvement of passenger and freight mobility and the facilitation of access to urban, air, marine, river, rail and road transport markets through the development of operational and administrative transport management and the promotion of high operating standards.
2. Cooperation may extend to:
(a) an exchange of information on the policies of the parties relating in particular to urban transport, interconnection and interoperability of multimodal transport networks and other issues of mutual interest;
(b) the management of rivers, roads, railways, ports and airports, including the desired cooperation between the competent authorities;
(c) cooperation projects for the transfer of European technologies in the global navigation satellite system and urban public transport centres;
(d) the improvement of safety and pollution prevention standards, including cooperation in relevant international forums to ensure better implementation of international standards.
ARTICLE 27
Cooperation in the field of information society, information technology and telecommunications
1. The parties agree that information and communications technologies are essential sectors in a modern society and are of crucial importance to its economic and social development and a smooth transition to the information society. Cooperation in this area will help to reduce the digital divide and will seek to provide equitable access to information technologies, particularly in the least developed regions.
2. Cooperation in this area will promote:
(a) dialogue on all aspects of the information society;
(b) dialogue on the regulatory and policy aspects of information and communications technology, including standards;
(c) the exchange of information on standards, conformity assessment and type reception;
(d) the dissemination of new information and communications technologies and the exchange of information on new technological advances;
(e) joint research projects on information and communication technologies and pilot projects in the areas of information society applications;
(f) interconnection and interoperability of telematic networks and services;
(g) mutual access to databases, in accordance with national and international copyright legislation;
(h) exchanges and training of experts;
i) computerization of public administration.
ARTICLE 28
Cooperation in the field of audiovisual
The parties agree to promote cooperation in the audiovisual and media sector in general, through joint training, audiovisual development and production and dissemination initiatives. Cooperation will be carried out in accordance with national copyright provisions and international agreements in this area.
ARTICLE 29
Cooperation in the field of tourism
The parties agree that cooperation in this area will:
(a) Identify best practices to ensure a balanced and sustainable development of tourism in the Andean region;
(b) improve the quality of services provided to tourists;
(c) raising public awareness of the economic and social importance of tourism for the development of the Andean region;
(d) promote and develop ecotourism;
e) promote the adoption of common tourism policies within the framework of the Andean Community.
ARTICLE 30
Cooperation between financial institutions
The parties agree that they will strive to promote cooperation between national and regional financial institutions, based on their needs and within their respective programmes and legislation.
ARTICLE 31
Cooperation in investment promotion
1. The parties agree to promote, within their respective competencies, a stable environment that can attract mutual investment.
2. This cooperation will include:
(a) encourage and develop mechanisms for the exchange and dissemination of information on investment legislation and opportunities in this area;
(b) develop a mutually supportive legal framework for investment on each side, by the possible conclusion, between the member States of the two parties, of bilateral agreements promoting and protecting investment and preventing double taxation;
(c) promote uniform and simplified administrative procedures;
(d) develop common enterprise mechanisms.
ARTICLE 32
Macroeconomic dialogue
1. The parties agree that cooperation will aim to promote the exchange of information on the respective macroeconomic trends and policies of the parties and the sharing of experience gained in the coordination of macroeconomic policies in a common market.
2. The parties will endeavour to deepen the dialogue between their respective authorities on macroeconomic issues, particularly in areas such as monetary policy, fiscal policy, public finances, external debt and macroeconomic stabilization.
ARTICLE 33
Statistical cooperation
1. The parties agree that the main objective will be to align statistical methods and programmes in order to allow the parties to use their statistics on trade in goods and services and, more generally, any other area of the agreement and for which statistics can be established.
2. Cooperation activities may include, inter alia: technical exchanges between the statistical institutes of the Andean Community and the member states of the European Union and Eurostat; development of common data collection, analysis and interpretation methods; organizing seminars, working groups or statistical training programs.
ARTICLE 34
Cooperation in consumer protection
1. The parties agree that cooperative actions should be aimed at making consumer protection programs compatible for both parties.
2. As far as possible:
(a) Strengthen the compatibility of consumer protection legislation to avoid trade barriers while ensuring a high level of consumer protection;
(b) design and develop mutual information exchange systems, such as early warning systems on foodstuffs and animal feeds that pose a risk to public and animal health;
(c) to strengthen capacity to implement health and phytosanitary measures, to facilitate market access and to ensure an appropriate level of health protection in a transparent, non-discriminatory and predictable manner;
(d) encourage cooperation and exchange of information among consumer associations;
(e) support the “Andean Working Group on Civil Society Participation in Consumer Rights”.
ARTICLE 35
Data protection cooperation
1. The parties agree to promote a high level of protection for the processing of personal data and other data in accordance with the highest international standards.
2. The parties also agree to cooperate in the area of personal data protection in order to improve the level of protection and to endeavour to eliminate obstacles to their free movement between the parties, which are due to the insufficient protection of these data.
ARTICLE 36
Scientific and technical cooperation
1. The parties agree that scientific and technical cooperation will be carried out in their mutual interest and in accordance with their own policies, in particular with regard to the rules of exploitation of intellectual property arising from research and that such cooperation will aim to:
(a) contribute to the development of science and technology in the Andean region;
(b) exchange, at the regional level, scientific and technical information and experiences, in particular in the area of policy and programme implementation;
(c) promote the development of human resources and the establishment of an adequate institutional framework for research and development;
(d) promote the relationship between the scientific communities of the parties and the development of joint scientific and technological research projects;
(e) Encourage the business sector of both parties to participate in scientific and technical cooperation, including for the promotion of innovation;
(f) encourage innovation and technology transfer between parties, including on-line administration and "clean" technologies.
2. Higher education institutions, research centres and productive sectors (especially small and medium-sized enterprises) will be encouraged to participate on both sides.
3. The parties agree to develop scientific and technological cooperation between universities, research institutions and the productive sectors of the two regions, including the award of scholarships and exchanges of high-level students and experts.
4. The parties also agree to promote Andean participation in the technological and development programmes of the European Community, in accordance with the Community provisions governing the participation of legal persons from third countries.
ARTICLE 37
Education and training cooperation
1. The parties agree that the purpose of cooperation in this area will be to improve teaching and vocational training. To this end, special attention will be given to access to education for young people, women and the elderly, in particular technical courses, higher education and vocational training. In this context, the achievement of the development goals set out in the Millennium Declaration is also a priority.
2. In order to enhance the know-how of supervisory staff, both parties agree to cooperate more closely in the areas of education and vocational training and to encourage cooperation between universities and businesses.
3. The parties also agree to give special attention to central and horizontal operations and programs (ALFA, ALBAN), which create permanent links between their respective specialized agencies, which will promote the sharing and exchange of experience and technical resources.
4. Cooperation in this area can also support the action plan for the education sector in Andean countries, which includes, among other programs, the harmonization of Andean educational systems, the development of computerization of statistics on education and intercultural education.
ARTICLE 38
Environmental and biodiversity cooperation
1. The parties agree that cooperation in this area will promote the protection and conservation of the environment in the context of sustainable development. In this regard, the link between poverty and the environment and the impact of economic activities on the environment is considered important. Cooperation must also be a means to encourage the ratification of multilateral environmental agreements and other international agreements, such as climate change, biodiversity, desertification and chemicals management, and to encourage support for their implementation.
2. Cooperation will focus on:
(a) Prevention of environmental degradation;
(b) promoting the conservation and sustainable management of natural resources (including biodiversity, mountain ecosystems and genetic resources), taking into account the regional biodiversity strategy in Andean countries above the Capricorn Tropic;
(c) the exchange of information and experience on environmental legislation and environmental problems in both regions;
(d) strengthening environmental management in all sectors and at all levels of government;
(e) awareness of environmental issues, capacity-building and the strengthening of citizen participation, as well as the promotion of joint research programmes at the regional level;
f) the protection and preservation of traditional knowledge and customs related to the sustainable use of biodiversity resources.
ARTICLE 39
Cooperation in natural disasters
The parties agree that cooperation efforts in this area will aim to reduce the vulnerability of the Andean region to natural disasters by strengthening regional planning and preventive capacities, harmonizing the legal framework and improving institutional coordination.
ARTICLE 40
Cultural cooperation and preservation of cultural heritage
1. The parties agree that cooperation in this area, cultural links and contacts between cultural agents in both regions should be strengthened.
2. The objective will be to promote cultural cooperation among the parties, taking into account and fostering synergies with the bilateral programmes of the Member States of the European Union.
3. Cooperation will be carried out in accordance with national copyright provisions and international agreements in this area.
4. Such cooperation may cover all cultural areas, including:
(a) translation of literary works;
(b) the conservation, restoration and revitalization of national heritage;
(c) cultural events (art and craft exhibitions, music, dance, theatre, etc.) and exchanges of artists and professionals in the cultural field;
(d) Promoting cultural diversity;
(e) Youth exchange;
(f) the development of cultural industries;
(g) preservation of cultural heritage;
(h) Prevention and control of illicit trafficking in cultural property, in accordance with international conventions signed by the parties.
ARTICLE 41
Cooperation in the field of health
1. The parties agree that cooperation in the health sector will aim to support sectoral reforms aimed at achieving equitable and pro-poor health services and to encourage equitable funding mechanisms, which allow people to access health care more easily.
2. The parties agree that primary prevention also requires consideration of other dimensions such as education, water and hygiene. In this regard, the parties will strive to strengthen and develop non-restricted partnerships in the health sector, with a view to achieving the development goals set out in the Millennium Declaration, in particular with regard to the fight against AIDS, malaria and tuberculosis, in accordance with the relevant rules of the World Trade Organization. It is also necessary to enter into partnerships with organized civil society, NGOs and the private sector in order to deal with sexual and reproductive health issues and related rights, respecting equality between men and women, and to work with young people to prevent sexually transmitted diseases and unwanted pregnancies.
3. The parties agree to cooperate on basic infrastructure, such as water and sanitation systems.
ARTICLE 42
Social cooperation
1. The parties agree to cooperate to encourage social partners to participate in a dialogue on living and working conditions, social protection and integration in society.
2. Cooperation must support the political, economic and social dialogue processes aimed at encouraging general development, within the framework of poverty reduction and job creation strategies.
3. The parties underline the importance of social development, which must go hand in hand with economic development and agree to make priority efforts to promote the fundamental principles and rights at the workplace defined by the International Labour Organization conventions, namely the "Basic Standards of Labour".
4. The parties agree that cooperation in this area can take into account the execution of the Andean social calendar, which focuses on two main components: the Andean common market and the development of mechanisms to support poverty reduction and regional cohesion.
5. The parties may cooperate in any area of mutual interest in the areas mentioned above.
6. Measures can be taken in coordination with those of the Member States of the European Union and relevant international organizations.
7. Where appropriate, and in accordance with their internal procedures, the parties will conduct this dialogue in coordination with the Economic and Social Committee and its Andean counterpart, respectively.
ARTICLE 43
Participation of civil society in cooperation activities
1. The parties recognize the role and potential contribution of organized civil society to the process of cooperation and will promote genuine dialogue with and effective participation.
2. Subject to compliance with the administrative and legal provisions of each party, organized civil society may:
(a) participate in the policy development process at the national level, based on democratic principles;
(b) be informed of and participate in the consultations on sectoral policies and development and cooperation strategies, including in areas affecting them, at all stages of the development process;
(c) benefit from financial resources, to the extent that the regulation of each party permits, as well as capacity development assistance in critical areas;
(d) Participate in the implementation of cooperation programmes in the areas affecting them.
ARTICLE 44
Cooperation in gender equality
The parties agree that cooperation will contribute to strengthening policies and programmes aimed at improving, ensuring and strengthening the equal participation of men and women in all sectors of political, economic, social and cultural life, including, where appropriate, the adoption of positive measures for women. It will also help to facilitate women's access to all the resources necessary for the full enjoyment of their human rights.
ARTICLE 45
Cooperation with indigenous peoples
1. The parties agree that the aim of this cooperation will be to contribute to the creation and establishment of partnerships with indigenous peoples to promote the goals of poverty eradication, sustainable development of natural resources and respect for human rights and democracy.
2. The parties also agree to cooperate to promote, on the one hand, adequate protection of the traditional knowledge, innovations and practices of indigenous and local communities that embody traditional lifestyles of interest in the conservation and sustainable use of biological diversity and, on the other, fair and equitable sharing of benefits arising from the commercial or other use of such knowledge.
3. In addition to the systematic consideration of the situation of indigenous peoples at all levels of development cooperation, the parties will agree to integrate the specificity of these groups into the development of their policies and to strengthen the capacities of organizations representing indigenous populations so as to increase the positive effects of development cooperation on these populations.
4. Cooperation in this area can support organizations representing indigenous populations, such as the Working Group on Indigenous Populations, an advisory body within the Andean integration system.
ARTICLE 46
Cooperation with regard to displaced or unrooted populations and former members of illegal armed groups
1. The parties agree that cooperation in favour of displaced or uprooted populations and former members of illegal armed groups will help to address their basic needs between the time humanitarian assistance ends and the time a longer-term solution is adopted to address the issue of their status.
2. This cooperation may include, inter alia, the following types of activities:
(a) seeking self-sufficiency and reintegration of displaced or uprooted populations and former members of illegal armed groups in the socio-economic fabric;
(b) Assisting local host communities and return areas to facilitate the acceptance and integration of displaced or uprooted populations and former members of illegal armed groups;
(c) support for the voluntary return of these populations and their installation in their countries of origin or in third countries, if conditions permit;
(d) operations to help these populations recover their property or property rights, and assist in the resolution of human rights violations against them;
(e) strengthening the institutional capacity of countries facing these issues.
ARTICLE 47
Cooperation in combating illicit drugs and related organized crime
1. On the basis of the principle of co-responsibility and in addition to the high-level dialogue established between the European Union and the Andean Community, focused on the fight against drugs, as well as the work of the Joint Monitoring Group for Agreements on "Presenters and Chemicals frequently used in the illicit manufacture of drugs or psychotropic substances", the parties agree that cooperation in this area will aim to coordinate and intensify efforts jointly to prevent and limit the links that may arise. The parties also agree to endeavour to combat organized crime related to this traffic through, inter alia, international organizations and bodies. The parties also agree to use the mechanism for drug coordination and cooperation between the European Union, Latin America and the Caribbean to that end.
2. The parties will cooperate in this area to implement, inter alia:
(a) drug prevention programmes;
(b) training, education, treatment and rehabilitation of drug addicts;
(c) projects promoting the harmonization of legislation and actions in the Andean countries;
(d) joint research programmes;
(e) effective cooperation and measures to encourage and consolidate alternative development activities; and
(f) measures to prevent the cultivation of new illegal plantations and their transfer to ecologically fragile areas or to areas that have been spared so far by the problem;
(g) the effective implementation of measures to prevent the diversion of precursors and to monitor their trade, equivalent to those adopted by the European Community and the relevant international bodies and in accordance with the agreements, signed on 18 December 1995 between the European Community and each of the Andean countries, concerning "precursors and chemical substances frequently used for the illicit manufacture of drugs or psychotropic substances".
(h) strengthening actions to combat trafficking in weapons, ammunition and explosives.
ARTICLE 48
Cooperation in combating money laundering and related crime
1. The parties agree to cooperate to prevent the use of their financial systems for the laundering of revenues generated by criminal activities in general and drug trafficking in particular.
2. This cooperation will include the provision of administrative and technical assistance for the development and implementation of regulations and the effective application of appropriate standards and mechanisms. In particular, cooperation will enable the exchange of useful information and the adoption of appropriate standards to combat money-laundering, comparable to those adopted by the European Community and international organizations active in this area, such as the Financial Action Group (FATF). Regional cooperation will be encouraged.
ARTICLE 49
Cooperation in immigration
1. The parties reaffirm the importance they attach to joint management of migratory flows between their territory. In order to strengthen their cooperation, they will engage in a comprehensive dialogue on all migration issues, including clandestine immigration and human trafficking, as well as the inclusion of migration issues into national socio-economic development strategies in countries of origin of migrants, also taking into account historical and cultural ties between the two regions.
2. Cooperation will be based on an assessment of the specific needs carried out in mutual consultation with the parties and will be implemented in accordance with existing community and national legislation. It will focus on:
(a) The root causes of migration;
(b) the development and implementation of national laws and practices on international protection, with a view to complying with the provisions of the 1951 Geneva Convention on the Status of Refugees and its 1967 Protocol, as well as any other regional or international instrument to enforce the principle of "non-refoulement";
(c) the rules of admission, as well as the rights and status of persons admitted, the equitable treatment and integration of migrants in a legal situation in society, the education and training of legal migrants and measures to combat racism and xenophobia;
(d) the development of an effective preventive policy against illegal immigration and trafficking in human beings, including the study of ways to combat networks and criminal organizations of smugglers and traffickers and to protect victims of such trafficking;
(e) the return, in human and dignified conditions, of persons illegally residing in the territory of a country and their readmission, in accordance with paragraph 3;
(f) the field of visas, including on points of common interest, such as visas issued to persons travelling for commercial, academic or cultural reasons;
(g) the area of border controls, particularly with regard to organization, training, best practices and any other measures applied in the field and, where appropriate, the provision of equipment.
3. As part of the cooperation to prevent and control clandestine immigration, the parties agree to renew their illegal immigrants. To this effect:
- the countries of the Andean Community agree to renew their nationals present illegally in the territory of a Member State of the European Union, at the request of the latter and without other formalities, to provide their nationals with appropriate identity documents and to make available to them the necessary administrative resources for this purpose; and
- each Member State of the European Union agrees to renew its citizens present illegally in the territory of a country of the Andean Community, at the request of the latter and without other formalities, to provide their nationals with appropriate identity documents and to make available to them the necessary administrative resources for this purpose.
The parties agree to conclude, at the request of one of them and as soon as possible, an agreement governing the specific obligations of the countries of the Andean Community and the Member States of the European Community in respect of readmission, including an obligation to readmission of nationals from other countries and stateless persons.
For the purposes of this Agreement, "the parties" shall mean the European Community, each of its member States, and any country of the Andean Community.
ARTICLE 50
Cooperation in combating terrorism
The parties reaffirm the importance of the fight against terrorism and, in accordance with international conventions, the resolutions adopted by the United Nations in this regard, as well as their respective legislation and regulations, agree to cooperate in preventing and eliminating acts of terrorism. They act in particular:
(a) as part of the implementation of UN Security Council resolution 1373 and other relevant UN resolutions, as well as international conventions and instruments;
(b) exchange of information on terrorist groups and their support networks in accordance with international and national law; and
(c) an exchange of views on the means and methods used to counter terrorism, including in the technical and training fields, and an exchange of experience in the field of terrorism prevention.
PART IV. - GENERAL AND FINAL PROVISIONS
ARTICLE 51
Resources
1. In order to facilitate the achievement of the objectives of the agreement, the parties undertake to provide the appropriate means for their implementation, including financial resources, within the framework of their availability and their respective mechanisms.
2. The parties shall take all appropriate measures to promote and facilitate the activities of the European Investment Bank in the Andean Community, in accordance with its financing procedures and criteria, their laws and regulations and without prejudice to the powers of their competent authorities.
3. The Andean Community and its member countries will grant facilities and guarantees to the experts of the European Community as well as an exemption from import taxes carried out in the framework of cooperation activities, in accordance with the framework conventions signed between the European Community and each country of the Andean Community.
ARTICLE 52
Joint Commission
1. The parties agree to maintain the joint commission established under the cooperation agreement of the Andean Community of 1983 and confirmed by the 1993 Framework Agreement for Cooperation. The Commission meets alternately in the European Union and the Andean Community at the senior officials level. The agenda of the meetings of the joint commission will be agreed upon. The Commission will determine the provisions on the frequency of its meetings, the chairmanship and other matters that may arise, including, where appropriate, the establishment of subcommissions.
2. The joint commission will be responsible for the general implementation of the agreement. It will also consider any questions concerning economic relations between the parties, including health and phytosanitary issues, including with the various member countries of the Andean Community.
3. A joint consultative commission will be established to assist the joint commission in promoting dialogue with the economic and social organizations of organized civil society.
4. The parties encourage the European Parliament and the Andean Parliament to establish an inter-parliamentary committee, within the framework of the agreement, in accordance with past practices.
ARTICLE 53
Definition of parties
For the purposes of this Agreement, "the parties", on the one hand, the Community or its member States or the Community and its member States, according to the competence conferred upon them by the Treaty establishing the European Community and, on the other, the Andean Community, its member countries or the Andean Community and its member countries, in their respective areas of competence, on the other. The agreement will also apply to measures taken by the central, regional or local authorities in the territory of the parties.
ARTICLE 54
Entry into force
1. This Agreement comes into force on the first day of the month following the date on which the parties notified themselves of the completion of the procedures necessary for this purpose.
2. The notification is addressed to the General Secretariat of the Council of the European Union and to the General Secretariat of the Andean Community, depositaries of the agreement.
3. Effective from the effective date of subsection 1erThis Agreement will replace the 1993 Framework Agreement and the Rome Joint Declaration on the 1996 Political Dialogue.
ARTICLE 55
Duration
1. This Agreement shall be concluded for an unlimited period of time.
2. Each party may denounce this agreement by notifying its intention to the other party.
3. The agreement ceases to be applicable six months after this notification.
ARTICLE 56
Increased obligations
1. The parties shall take any general or special measures necessary for the fulfilment of their obligations under this Agreement and shall ensure that the objectives defined by this Agreement are met.
2. If a party considers that the other party has not fulfilled any of its obligations under this Agreement, it may take appropriate action. It must first provide the Joint Commission, within thirty days, with all necessary information to enable it to conduct a thorough review of the situation with a view to seeking an acceptable solution by the parties.
The choice must be given as a priority to the measures that disrupt the operation of this Agreement at least. These measures are notified immediately to the Joint Commission and are subject to consultations within the Joint Commission at the request of the other party.
3. By derogation from paragraph 2, each party may take immediate measures in accordance with international law in the following cases:
(a) denunciation of this agreement not enshrined in the general rules of international law;
(b) a violation by the other part of the essential elements of this agreement referred to in Article 1, paragraph 1er.
The other party may request the organization of an urgent meeting of both parties within fifteen days to conduct a thorough review of the situation, with a view to finding an acceptable solution for the parties.
ARTICLE 57
Evolutionary clause
1. The parties may agree to extend this Agreement with a view to supplementing and broadening the scope of this Agreement, 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. With regard to the implementation of this Agreement, each party may make suggestions to extend cooperation in all areas, taking into account the experience gained in the implementation of this Agreement.
3. No possibility of cooperation should be excluded in advance. The parties may use the joint commission to explore practical possibilities of cooperation in their mutual interest.
ARTICLE 58
Data protection
The parties agree that data protection will be guaranteed in all areas where personal data is exchanged.
The parties agree to ensure strict protection for the processing of personal and other data in accordance with the highest international standards.
ARTICLE 59
Territorial application
This Agreement applies to territories where the Treaty establishing the European Community is applied under the conditions provided for in the said Treaty, on the one hand, and to the territories of the Andean Community and its member countries (Bolivia, Colombia, Ecuador, Peru and Venezuela), on the other hand.
ARTICLE 60
Faithful texts
This Agreement is written in duplicate in German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese and Swedish, each of these texts being equally authentic.
Done in Rome on 15 December two thousand three.

Annex
UNILATERAL DECLARATIONS OF THE EUROPEAN UNION DECLARATION OF THE COMMISSION AND OF THE EUROPEAN UNION TO THE SUJECT OF THE CLAUSE RELATING TO THE RETURY AND THE READMISSION OF IMPACTS (ARTICLE 49)
Article 49 does not alter the internal division of competence between the European Community and its Member States with regard to the conclusion of readmission agreements.
DECLARATION OF THE COMMISSION AND OF THE EUROPEAN MEETING TO THE CLAUSE RELATING TO THE DEFINITION OF THE PARTIES (ARTICLE 53)
The provisions of this Agreement which fall under Part III, Part IV, of the Treaty establishing the European Community bind the United Kingdom and Ireland as separate Contracting Parties and not as Member States of the European Community until the United Kingdom or Ireland (as the case may be) notify the Andean Community that it is now bound as a member of the European Community, in accordance with the Protocol on the United Kingdom and The same provisions apply to Denmark, in accordance with the Danish position protocol annexed to the said treaties.

The Agreement on Political Dialogue and Cooperation between the European Community and its Member States, on the one hand, and the Andean Community and its Member Countries (Bolivia, Colombia, Ecuador, Peru and Venezuela), on the other hand, and the Annex, made in Rome on 15 December 2003
For the consultation of the table, see image
This Agreement has not yet entered into force.