Key Benefits:
1996 LAW 323
(October 10)
Official Journal No. 42,899 of 16 October 1996
By means of which the amending protocol of the Andean Subregional Integration Agreement (Cartagena Agreement), signed in Trujillo, Peru, is approved on March 10, 1996.
COLOMBIA CONGRESS
DECRETA:
Having regard to the text of the text by which the amending protocol of the Andean subregional integration agreement (Cartagena Agreement), signed in Trujillo, Peru, is approved on 10 March 1996.
(To be transcribed: photocopy of the full text of the international instrument mentioned, duly authenticated by the head of the Legal Office of the Ministry of Foreign Affairs).
AGREEMENT MODIFYING PROTOCOL
ANDINO SUB-REGIONAL INTEGRATION
(CARTAGENA AGREEMENT)
Trujillo, March 10, 1996
AGREEMENT MODIFYING PROTOCOL
ANDINO SUB-REGIONAL INTEGRATION
(CARTAGENA AGREEMENT)
The governments of Bolivia, Colombia, Ecuador, Peru and Venezuela,
Contain to celebrate the present amending protocol of the Andean Subregional Integration Agreement (Cartagena Agreement):
FIRST: Replace Chapter II of the Cartagena Agreement with the following text:
OF THE ANDEAN COMMUNITY AND THE INTEGRATION SYSTEM
ARTICLE 5o. The "Andean Community" is created, made up of the sovereign states of Bolivia, Colombia, Ecuador, Peru and Venezuela, and by the organs and institutions of the Andean Integration System, which is established by this Agreement.
ARTICLE 6o. The Andean Integration System is made up of the following organs and institutions:
The Andean Presidential Council;
The Andean Council of Foreign Ministers;
The Commission of the Andean Community;
The General Secretariat of the Andean Community;
The Court of Justice of the Andean Community;
The Andean Parliament;
The Business Advisory Board;
The Labor Advisory Board;
The Andean Development Corporation;
The Latin American Reserves Fund;
The Simon Rodriguez Convention, the social conventions that are attached to the Andean Integration System and the others that are created in the framework of it;
The Universidad Andina Simón Bolívar;
Advisory Councils to be established by the Commission; and
The other bodies and institutions that are created in the framework of the Andean subregional integration.
ARTICLE 7o. The system aims to allow effective coordination of the organs and institutions that make it, to deepen the Andean subregional integration, to promote its external projection and consolidate and strengthen the actions related to the integration process.
ARTICLE 8. The organs and institutions of the Andean Integration System are governed by this Agreement, their respective constitutive treaties and their amending protocols.
ARTICLE 9o. In order to achieve the best coordination of the Andean Integration System, the President of the Andean Council of Foreign Ministers will convene and chair the meeting of representatives of the institutions that make up the system.
The meeting will have the main tasks:
a) Exchange information on the actions developed by the respective institutions to comply with the guidelines issued by the Andean Presidential Council;
b) Examine the possibility and appropriateness of agreeing, among all the institutions or among some of them, the realization of coordinated actions, with the purpose of contributing to the achievement of the objectives of the Andean Integration System; and
(c) Elevate the Andean Council of Foreign Ministers in an enlarged meeting, reports on the actions carried out in compliance with the guidelines received.
ARTICLE 10. The meetings of representatives of the institutions that make up the Andean Integration System will be held in an ordinary way at least once a year and in an extraordinary way, each time that request any of its member institutions, in the place that is agreed prior to its call.
The General Secretariat of the Andean Community will act as the Secretariat of the Meeting.
THE ANDEAN PRESIDENTIAL COUNCIL
ARTICLE 11. The Andean Presidential Council is the highest organ of the Andean Integration System and is made up of the heads of state of the member countries of the Cartagena Agreement. It issues guidelines on the different areas of Andean subregional integration, which are implemented by the bodies and institutions of the System that it determines, in accordance with the competences and mechanisms established in their respective institutions. treaties or instruments of incorporation.
The organs and institutions of the System will implement the political guidelines contained in the guidelines issued by the Andean Presidential Council.
ARTICLE 12. Corresponds to the Andean Presidential Council:
a) Define the Andean subregional integration policy;
(b) Orientate and promote actions in matters of interest of the sub-region as a whole, as well as those relating to coordination between the organs and institutions of the Andean Integration System;
c) Evaluate the development and results of the Andean subregional integration process;
d) Consider and issue pronouncements on the reports, initiatives and recommendations presented by the Andean Integration System's organs and institutions; and
e) Examine all issues and issues related to the development of the Andean subregional integration process and its external projection.
ARTICLE 13. The Andean Presidential Council will meet in ordinary form once a year, preferably in the country holding the presidency. At that meeting, he will take cognizance of the actions taken by the organs and institutions of the Andean Integration System, as well as their plans, programs and suggestions. The members of the Andean Council of Foreign Ministers, the Commission and the representatives of the organs and institutions of the System will be able to attend the meetings of the Andean Presidential Council as observers.
The Andean Presidential Council will be able to meet in an extraordinary manner, whenever it deems it appropriate, in the place that is agreed before its convocation.
ARTICLE 14. The Andean Presidential Council will have a president who will exercise the maximum political representation of the Andean Community and will remain a calendar year in its role, which will be exercised. and in alphabetical order for each of the Member Countries.
Corresponds to the President of the Andean Presidential Council:
a) Convening and chairing the Council's ordinary and extraordinary meetings;
b) Exercise the representation of the Council and the Andean Community;
c) Monitor compliance by the other bodies and institutions of the Andean System of Integration of the Council's directives; and
d) Carry out the procedures requested by the Council.
FROM THE ANDEAN COUNCIL OF FOREIGN MINISTERS
ARTICLE 15. The Andean Council of Foreign Ministers is made up of the Ministers of Foreign Affairs of the Member Countries of the Cartagena Agreement.
ARTICLE 16. Corresponds to the Andean Council of Foreign Ministers:
(a) To formulate the foreign policy of the Member Countries in matters of subregional interest, as well as to guide and coordinate the external action of the various organs and institutions of the Andean Integration System;
b) Formulate, implement and evaluate in coordination with the Commission the overall policy of the Andean subregional integration process;
c) To comply with the guidelines provided by the Andean Presidential Council and to ensure the execution of those directed to the other organs and institutions of the Andean Integration System;
d) Subscribe to agreements and agreements with third countries or groups of countries or with international bodies on global foreign and cooperation policy issues;
e) Coordinate the joint position of the Member Countries in international fora and negotiations, in the areas of their competence;
(f) Represent the Andean Community in matters and acts of common interest within the framework of its competence in accordance with the rules and objectives of the Agreement;
g) Recommend or adopt measures to ensure the achievement of the objectives and objectives of the Cartagena Agreement in the field of its competence;
(h) Velar for the harmonious fulfillment of the obligations arising from this Agreement and the Treaty of Montevideo, 1980;
i) Approve and modify your own regulations;
j) Approve the regulations of the General Secretariat and its modifications, on a proposal from the commission; and
k) Know and resolve all other matters of interest, in the field of your competence.
ARTICLE 17. The Andean Council of Foreign Ministers will be expressed through statements and decisions, adopted by consensus. The latter are part of the legal system of the Andean Community.
ARTICLE 18. The Andean Council of Foreign Ministers will meet in ordinary form twice a year, preferably in the country that holds the presidency.
You may also meet in an extraordinary manner whenever you consider it appropriate, at the request of any of its members, at the place to be agreed upon prior to its convocation.
ARTICLE 19. The Andean Council of Foreign Ministers will be chaired by the Ministry of Foreign Affairs of the country that is in charge of the presidency of the Andean Presidential Council, who will remain a calendar year in its role.
The work of coordination that corresponds to the president of this Council will be performed by the Foreign Ministry of the country whose head of state holds the presidency of the Andean Presidential Council, in the capacity of Secretary Pro-tempore of both bodies and with the technical support of the General Secretariat of the Andean Community.
ARTICLE 20. The Andean Council of Foreign Ministers will meet in an enlarged form with the incumbent representatives to the Commission, at least once a year and, at the alternate level, each time considers it necessary, in order to deal with matters relating to the Cartagena Agreement which are of interest to both bodies, such as:
a) Preparing the meetings of the Andean Presidential Council;
b) Choose and, where appropriate, remove the Secretary General of the Andean Community;
c) Propose to the Andean Presidential Council amendments to this Agreement;
d) Evaluate the management of the General Secretariat;
e) Consider initiatives and proposals that Member Countries or the General Secretariat submit to their consideration; and
f) The other issues that both bodies consider to be dealt with by mutual agreement.
FROM THE ANDINA COMMUNITY COMMISSION
ARTICLE 21. The Commission of the Andean Community is constituted by a representative plenipotentiary of each of the governments of the Member Countries. Each government shall certify a representative representative and an alternate.
The Commission will express its will through decisions.
ARTICLE 22. Corresponds to the Commission of the Andean Community:
a) Formulate, execute and evaluate Andean subregional policy and integration in trade and investment matters and, where appropriate, in coordination with the Andean Council of Foreign Ministers;
b) Adopt the measures necessary for the achievement of the objectives of the Cartagena Agreement, as well as for the implementation of the guidelines of the Andean Presidential Council;
c) Coordinate the joint position of the Member Countries in international forums and negotiations, in the field of their competence;
(d) Vellar for the harmonious fulfilment of the obligations arising from this Agreement and the Treaty of Montevideo, 1980;
e) Approve and modify your own regulations;
f) Approve, not approve or amend the proposals that Member Countries, individually or collectively, or the General Secretariat submit to their consideration;
g) Maintain a permanent link with the organs and institutions that make up the Andean Integration System, with a view to promoting the coordination of programs and actions aimed at achieving their common objectives;
h) Represent the Andean Community in matters and acts of common interest, within the framework of its competence, in accordance with the rules and objectives of the Agreement;
i) Approve the annual budgets and endorse the budget implementation of the General Secretariat and the Court of Justice of the Andean Community, as well as the contribution of each of the Member Countries; and
(j) Submit to the Andean Council of Foreign Ministers the proposal for a regulation of the General Secretariat.
In the performance of its duties, the Commission shall consider in particular the situation of Bolivia and Ecuador in the light of the objectives of this Agreement, the preferential treatment provided for in its favour, and the geographical cloistering. of the first.
ARTICLE 23. The Commission will have a president who will remain a calendar year in office.
This function will be exercised by the representative of the country that holds the presidency of the Andean Presidential Council.
ARTICLE 24. The Commission shall meet in an ordinary manner three times a year and in an extraordinary manner when convened by its President at the request of any of the Member Countries or the General Secretariat.
Their sessions will be held at the headquarters of the General Secretariat, but they can be held outside the Secretariat. The Commission will be responsible for the presence of the absolute majority of the Member States.
Assistance to Commission meetings will be mandatory and non-attendance will be considered abstention.
ARTICLE 25. The President of the Commission, at the request of one or more of the Member Countries or the General Secretariat, shall convene the Commission to meet as an enlarged Commission, in order to address matters of sectoral nature, to consider rules for the coordination of development plans and the harmonisation of the economic policies of the Member States, as well as for the understanding and resolution of all other matters of common interest.
these meetings shall be chaired by the President of the Commission and shall be jointly made by the representatives of the Commission and the Ministers or Secretaries of State of the respective area. A country vote will be exercised to approve its decisions, which will be part of the legal order of the Andean Community.
ARTICLE 26. The Commission will adopt its decisions with the favorable vote of the absolute majority of the Member Countries. Except for this general rule:
(a) The matters listed in Annex I to this Agreement, in which the Commission shall take its decisions with the favourable vote of the absolute majority of the Member States and without having voted no.
The Commission may incorporate new materials in that Annex with the favourable vote of the absolute majority of Member Countries;
b) In the cases listed in Annex II, the proposals of the General Secretariat shall be approved with the vote of the absolute majority of the Member Countries and provided that there is no vote of no negative. The proposals that will have the favorable vote of the absolute majority of the member countries but which are the subject of a negative vote must be returned to the General Secretariat for the consideration of the background that has given rise to such a negative vote. Within a period of not less than two months and no longer than six months, the General Secretariat shall again raise the proposal to the Commission's consideration with any amendments it deems appropriate and, in such a case, the amended proposal shall be deemed to have been approved if has the favourable vote of the absolute majority of the Member Countries, without having voted no, but shall not be counted as such that of the country which has voted negatively in the previous opportunity;
(c) The matters relating to the special arrangements for Bolivia and Ecuador, as listed in Annex III. In this case, the decisions of the Commission shall be taken with the absolute majority of favourable votes and provided that one of them is the one in Bolivia or Ecuador, and
d) Industrial development programmes and projects must be approved with the favourable vote of the absolute majority of the Member States and provided that there is no vote of no.
ARTICLE 27. The General Secretariat or the Member Countries shall submit their proposals with at least fifteen (15) days before the date of the meeting of the Andean Council of Relations Ministers. External or the Commission, as appropriate. Only in exceptional cases duly justified and in accordance with the legal order of the Andean Community may the required notice be dispensed with, provided that the proposer and the other Member Countries are in agreement.
The proposals that will have the favorable vote of the absolute majority of the member countries but which will be the subject of a negative vote, must be returned to the proposer for the consideration of the background that would have given rise to the vote. Vote negative.
Within a period of not less than one month and no more than three, the proposer shall again raise the proposal to the consideration of the body corresponding to the amendments it deems appropriate and, in such a case, the amended proposal shall be deemed to have been approved. if it has the favourable vote of the absolute majority of the Member States.
ARTICLE 28. The Member Country that incurs a delay of more than four quarters in the payment of its current contributions to the General Secretariat or the Court of Justice of the Andean Community, may not exercise the right to vote in the Commission until such time as their situation is regulated.
In this case, the quorum of attendance and voting will be computed according to the number of countries contributing.
FROM THE GENERAL SECRETARY OF THE ANDEAN COMMUNITY
ARTICLE 29. The General Secretariat is the executive body of the Andean Community and in such a character acts only according to the interests of the subregion. The General Secretariat shall grant technical support, where appropriate, to the other bodies and institutions of the Andean Integration System.
The General Secretariat shall be headed by the Secretary-General. For the performance of their duties, they will be supported by the Directors-General, according to the respective regulations. It shall also have the technical and administrative staff necessary for the performance of its duties. The General Secretariat shall be expressed by means of resolutions.
ARTICLE 30. They are functions of the General Secretariat of the Andean Community:
(a) Velar for the implementation of this agreement and for the compliance with the rules that make up the legal order of the Andean Community;
b) Understanding the orders of the Andean Council of Foreign Ministers and the Commission;
(c) Form the Andean Council of Foreign Ministers and the Commission, proposals for decisions, in accordance with their respective powers, as well as initiatives and suggestions to the enlarged meeting of the Andean Council of Ministers of External relations, intended to facilitate or accelerate the implementation of this agreement, in order to achieve its objectives in the shortest possible time;
d) To carry out the studies and propose the necessary measures for the application of the special treatments in favor of Bolivia and Ecuador and, in general, those concerning the participation of the two countries in this agreement;
e) to evaluate and report annually to the Andean Council of Foreign Ministers and the Commission on the results of the implementation of this agreement and the achievement of its objectives, with particular attention to the fulfilment of the principle of equitable distribution of the benefits of integration, and propose appropriate corrective measures;
f) To carry out the technical studies and the coordination entrusted to it by the other organs of the Andean Integration System and others that are necessary for them;
g) Maintain permanent working ties with the Member Countries, coordinating with the national integration body that each country points to for this purpose;
h) Develop your annual program of work, in which you will preferably include the works entrusted to you by the other organs of the System;
i) Promote regular meetings of national bodies responsible for the formulation or implementation of economic policy and, in particular, those responsible for planning;
j) Maintain working links with the executive bodies of the other regional integration and cooperation organisations in order to intensify their reciprocal relations and cooperation;
k) Take the minutes of the extended meetings of the Andean Council of Foreign Ministers and the Commission, and draw up the tentative agenda of their meetings, in coordination with the presidents of these bodies;
ll) Be depository of the minutes of meetings and other documents of the organs of the Andean Integration System and attest to the authenticity of the same;
m) Edit the Official Gazette of the Cartagena Agreement;
n) Exercise the Secretariat of the Meeting of Representatives of the institutions that make up the Andean Integration System; and
n) to exercise the other powers expressly conferred upon it by the legal order of the Andean Community.
ARTICLE 31. The General Secretariat will operate permanently and its headquarters will be the city of Lima, Peru.
ARTICLE 32. The General Secretariat will be in charge of a Secretary General who will be elected by consensus by the Andean Council of Foreign Ministers in an enlarged meeting, for a period of five (5) years, being able to be re-elected once.
The Secretary General must be a highly representative, recognized and national personality of one of the Member Countries. It shall act solely on the basis of the interests of the Sub-region as a whole.
During your period, the Secretary-General shall not be able to perform any other activity; nor shall he request or accept instructions from any government, national or international entity.
In case of vacancy, the Andean Council of Foreign Ministers in an enlarged meeting will immediately proceed to appoint the new holder by consensus. Until such appointment, the Secretary-General, the longest-serving Director-General, shall be appointed to the office.
ARTICLE 33. The Secretary-General may be removed, by consensus, at the request of a Member Country, only when in the performance of his duties he has incurred a serious misconduct provided for in the Regulation of the General Secretariat.
ARTICLE 34. They are the privileges of the Secretary General of the Andean Community:
a) Exercise the legal representation of the General Secretariat;
b) Propose to the Commission or the Andean Council of Foreign Ministers initiatives concerning the General Secretariat's Regulation;
c) Contreating and removing, in accordance with the General Secretariat's Regulation, technical and administrative personnel;
d) Participate in voice rights in the sessions of the Andean Council of Foreign Ministers, the Commission and their respective extended meetings and, when invited, in those of the other organs of the System;
e) Present the annual draft budget to the Commission for approval; and
f) Present an annual report of the activities of the General Secretariat to the Andean Council of Foreign Ministers in an enlarged meeting.
ARTICLE 35. The Secretary-General shall appoint the Directors-General, in consultation with the Member Countries and in accordance with the organizational-functional structure of the General Secretariat.
Directors-General will be senior professionals, strictly designated based on their academic training, suitability, honorability and experience, being responsible for a particular technical area.
Directors-General shall be nationals of one of the Member Countries and in their designation the Secretary-General shall ensure that there is a balanced sub-regional geographical distribution. The appointment and removal of the Directors-General shall be governed by the provisions of the General Secretariat's Rules of Procedure.
ARTICLE 36. In the execution of the procedures in which the interests of two or more Member Countries are reversed, the Secretary-General shall have the technical contest of special experts, whose Designation and form of participation shall be made in accordance with the General Secretariat's Rules of Procedure.
ARTICLE 37. The Secretary-General, in the recruitment of technical and administrative personnel, who may be of any nationality, shall strictly take into account the suitability, competence and good repute of the (a) the applicant and the applicant shall, as soon as this is not incompatible with the above criteria, ensure that there is a balanced sub-regional geographical distribution.
The appointment and removal of staff shall be carried out in accordance with the criteria and grounds established in the General Secretariat's Rules of Procedure, without prejudice to the provisions of the Treaty of Creation of the Court of Justice. and its amending protocols.
ARTICLE 38. The staff of the General Secretariat shall refrain from any action incompatible with the character of its functions, and shall not request or accept instructions from the Government, national entity or international.
ARTICLE 39. In the case of procedures to be completed in the adoption of a resolution or opinion, natural or legal persons, public or private, of the Member Countries, shall collaborate with the investigations carried out by the General Secretariat in the development of its functions and in that sense shall provide the information that the General Secretariat requests.
The General Secretariat shall keep the confidentiality of the documents and information supplied to it, in accordance with the rules to be established.
THE ANDEAN COMMUNITY COURT OF JUSTICE
ARTICLE 40. The Court of Justice is the court of the Andean Community.
ARTICLE 41. The Court of Justice of the Andean Community is governed by the Treaty of its creation, its amending protocols and the present agreement.
The Tribunal is based in the city of Quito, Ecuador.
ANDEAN PARLIAMENT
ARTICLE 42. The Andean Parliament is the deliberative organ of the System, its nature is community, represents the peoples of the Andean Community and will be constituted by representatives elected by universal and direct suffrage, in accordance with the procedure to be adopted by means of an Additional Protocol which shall include the appropriate national representation criteria.
As long as the Additional Protocol establishing the direct election is signed, the Andean Parliament will be made up of representatives of the National Congress, in accordance with its internal regulations and the General Rules of the Parliament. Andino.
The permanent seat of the Andean Parliament will be in the city of Santa Fe de Bogota, Colombia.
ARTICLE 43. They are the privileges of the Andean Parliament:
a) Participate in the promotion and orientation of the Andean subregional integration process, with a view to consolidating Latin American integration;
b) Examine the progress of the Andean subregional integration process and the fulfillment of its objectives, requiring periodic information for the organs and institutions of the System;
c) Formulate recommendations on the annual budget projects of the System's organs and institutions that are constituted by the direct contributions of the Member Countries;
d) To suggest to the organs and institutions of the System the actions or decisions that have for object or effect the adoption of modifications, adjustments or new general guidelines in relation to the programmatic objectives and the structure System institutional;
e) Participate in the normative generation of the process by means of suggestions to the system's organs of draft rules on topics of common interest, for incorporation into the legal order of the Andean Community;
f) Promote the harmonisation of the laws of the Member Countries; and
g) Promote relations of cooperation and coordination with the parliaments of the member countries, the organs and institutions of the System, as well as with the parliamentary bodies of integration or cooperation of third countries.
OF CONSULTATIVE INSTITUTIONS
ARTICLE 44. The Business Advisory Council and the Labor Advisory Council are consultative institutions of the Andean Integration System. They are made up of delegates of the highest level, who will be directly elected by the representative organizations of the business and labor sectors of each of the Member Countries, in accordance with their respective regulations, and officially accredited by those.
It will be up to these Advisory Councils to issue an opinion to the Andean Council of Foreign Ministers, the Commission or the General Secretariat, at their request or on their own initiative, on the programs or activities of the the sub-regional Andean integration that would be of interest to their respective sectors. They may also be invited to the meetings of the working groups and government experts, linked to the drafting of draft decisions, and may participate in the Commission's meetings with the right to speak.
OF FINANCIAL INSTITUTIONS
