Whereby The "protocol Amending The Andean Subregional Integration Agreement (Cartagena Agreement)", Signed In Trujillo, Peru On March 10, 1996 Is Approved

Original Language Title: Por la cual se aprueba el "Protocolo Modificatorio del Acuerdo de Integración Subregional Andino (Acuerdo de Cartagena)", suscrito en Trujillo, Perú, el 10 de marzo de 1996

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
ACT 323 OF 1996
(October 10)
Official Gazette No. 42899 of October 16, 1996
Through which the Protocol Amending the Andean Subregional Integration Agreement (Cartagena Agreement) approved, signed in Trujillo, Peru, on 10 March 1996. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:
having regard to the text by which the Protocol Amending the Andean subregional integration agreement (Cartagena Agreement), signed in Trujillo, Peru is approved, 10
March 1996. (to be transliterated: photocopy of the full text of that instrument, duly authenticated by the chief in charge of the Legal Office of the Ministry of Foreign Affairs is attached). AGREEMENT PROTOCOL AMENDING


Andean Subregional Integration (CARTAGENA AGREEMENT)
Trujillo, 10 March 1996 PROTOCOL AMENDING THE AGREEMENT


Andean Subregional Integration ( CARTAGENA AGREEMENT)
the Governments of Bolivia, Colombia, Ecuador, Peru and Venezuela,
Have agreed to conclude this protocol amending the Andean Subregional Integration Agreement (Cartagena Agreement):
FIRST: Amend Chapter II of the Cartagena Agreement by the following:
CHAPTER II.
ANDEAN COMMUNITY AND INTEGRATION SYSTEM

The 5th ITEM. the "Andean Community", composed of the sovereign States of Bolivia, Colombia, Ecuador, Peru and Venezuela, and the organs and institutions of the Andean Integration System, established by this Agreement is created.

ARTICLE 6o. The Andean Integration System consists 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 Council;
The Labor Advisory Council;
The Andean Development Corporation;
The Latin American Reserve Fund;
The Convention Simon Rodriguez, the social conventions that join the Andean Integration System and others who believe in the framework;
Simon Bolivar Andean University;
The Advisory Councils established by the Commission; and
Other bodies and institutions created in the framework of Andean subregional integration.

ARTICLE 7. The system is designed to enable effective coordination of the bodies and institutions that shape it, to deepen Andean subregional integration, promote its external presence and to consolidate and strengthen actions related to the integration process.

Article 8. The organs and institutions of the Andean Integration System are governed by this Agreement, their respective establishing treaties and amending protocols.

Article 9. In order to achieve better coordination of the Andean Integration System, the Chairman of the Andean Council of Foreign Ministers convene and chair the meeting of representatives of the institutions that make up the system.
The meeting will have as main tasks:
a) exchange information on actions taken by the respective institutions to comply with the guidelines issued by the Andean Presidential Council;
B) To examine the possibility and desirability of agreeing, among all institutions or between some of them, to carry out coordinated actions in order to help achieve the objectives of the Andean Integration System; and
c) To submit to the Andean Council of Foreign Ministers meeting in enlarged session, reports on the actions carried out in compliance with the guidelines received.

ARTICLE 10. The meetings of representatives of the institutions of the Andean Integration System will be held in regular sessions at least once a year and in special session whenever requested by any of its member institutions in place agreed upon before the meeting is called.
The General Secretariat of the Andean Community shall act as Secretary of the Meeting. SECTION A.


The Andean Presidential Council
ARTICLE 11. The Andean Presidential Council is the highest body of the Andean Integration System and is made up of the heads of state of member countries of the Cartagena Agreement. Issues guidelines on various areas of the Andean subregional integration, which are implemented by the organs and institutions of the system which it determines, in accordance with the responsibilities and mechanisms established in their respective treaties or constitutional instruments.

The organs and institutions of the system implemented the policy guidelines contained in the guidelines issued by the Andean Presidential Council.

ARTICLE 12. It is the Andean Presidential Council:
a) Define the Andean subregional integration policy;
B) To orient and promote actions in matters of interest to the subregion as a whole, as well as those relating to coordination between the bodies and institutions of the Andean Integration System;
C) evaluate the development and results of the process of Andean subregional integration;
D) consider and issue opinions about reports, initiatives and recommendations made by the organs and institutions of the Andean Integration System; and
e) examine all issues and development issues of the process of Andean subregional integration and its external projection.

ARTICLE 13. The Andean Presidential Council shall meet regularly once a year, preferably in the country holding the presidency of the same. At that meeting it shall take note 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 representatives of the organs and institutions of the system may attend as observers, the meetings of the Andean Presidential Council.
The Andean Presidential Council may meet in special session whenever it deems appropriate, in the place agreed upon before the meeting is called.

ARTICLE 14. The Andean Presidential Council shall have a president who will exercise the maximum political representation of the Andean Community and will remain a calendar year in function, which will be held successively and in alphabetical order by each of the member countries.
The President of the Andean Presidential Council:
a) call and chair the regular and special meetings of the Council;
B) To represent the Council and the Andean Community;
C) Monitor compliance by the other organs and institutions of the Andean Integration System of the guidelines issued by the Council; and
d) Carry out the steps as may be requested by the Council.

SECTION B. ANDEAN COUNCIL OF MINISTERS OF FOREIGN AFFAIRS

Article 15. The Andean Council of Foreign Ministers is composed of the Foreign Ministers of the Member Countries of the Cartagena Agreement.

Article 16. The Andean Council of Foreign Ministers:
a) To formulate the foreign policy of the member countries in matters of subregional interest, as well as guiding and coordinating external action of the various bodies and institutions of the Andean Integration System;
B) Develop, implement and evaluate in coordination with the Commission's general policy of the process of Andean subregional integration;
C) To comply with the guidelines given to it by the Andean Presidential Council and to ensure the implementation of those that are directed to the other organs and institutions of the Andean Integration System;
D) Sign agreements and agreements with third countries or groups of countries or international organizations on issues of global foreign policy and cooperation;
E) To coordinate the joint position of the Member Countries in international forums and negotiations in the areas of 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) To recommend or adopt measures to ensure the achievement of the aims and objectives of the Cartagena Agreement, within its competence;
H) To ensure harmonious compliance with the obligations under this Agreement and the Treaty of Montevideo 1980;
I) approve and amend its own rules;
J) To approve the regulations of the General Secretariat and its amendments, on a proposal from the commission; and
k) To hear and resolve all other matters of interest within the area of ​​competence.

Article 17. The Andean Council of Foreign Ministers shall be expressed declarations and decisions adopted by consensus. The latter part of the legal system of the Andean Community.

Article 18. The Andean Council of Foreign Ministers will meet in regular session twice a year, preferably in the country holding the presidency of the same.

It may also meet in special session whenever it deems appropriate, at the request of any member, in place agreed upon before the meeting is called.

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 function.
The coordination work that corresponds to the President of the Council shall be held by the Ministry of Foreign Affairs of the country whose head of State chairs the Andean Presidential Council, as pro tempore Secretary of both bodies and with the support technical General Secretariat of the Andean Community.

Article 20. The Andean Council of Foreign Ministers will meet in expanded form with the principal representatives to the Commission at least once a year and alternate level, whenever deemed necessary, to to discuss matters related to the Cartagena Agreement that are of interest to both bodies, such as:
a) prepare the meetings of the Andean Presidential Council;
B) To elect and, where appropriate, remove the Secretary General of the Andean Community;
C) the Andean Presidential Council propose amendments to this Agreement;
D) To evaluate the performance of the General Secretariat;
E) To consider the initiatives and proposals that Member Countries or the General Secretariat submitted for its consideration; and
f) Other issues that both bodies to address jointly.

C. SECTION OF THE COMMISSION OF THE ANDEAN COMMUNITY

ARTICLE 21. The Commission of the Andean Community consists of a plenipotentiary representative from each of the governments of the Member Countries. Each government will credit one member and one alternate representative.
The Commission express its will through decisions.

ARTICLE 22. It is the Commission of the Andean Community:
a) Develop, implement and evaluate Andean subregional integration policy and on trade and investment and, where appropriate, in coordination with the Andean Council of Ministers of External relationships;
B) To adopt the measures necessary to achieve the objectives of the Cartagena Agreement, as well as compliance with the guidelines of the Andean Presidential Council;
C) coordinate the joint position of the Member Countries in international forums and negotiations in the area of ​​competence;
D) To ensure harmonious compliance with the obligations under this Agreement and the Treaty of Montevideo 1980;
E) approve and amend its own rules;
F) approve, reject or amend the proposals that the member countries, individually or collectively, or the General Secretariat submitted to it;
G) To maintain ongoing relations with the bodies and institutions of the Andean Integration System with a view to promoting the coordination of programs and actions aimed at achieving their common objectives;
H) To 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) To approve the annual budgets and assess the budgetary performance of the General Secretariat and the Court of Justice of the Andean Community and fix the contribution of each of the Member Countries; and
j) Submit to the Andean Council of Foreign Ministers of the proposed regulation of the General Secretariat.
In fulfilling its functions, the Commission shall give special consideration to the situation of Bolivia and Ecuador in terms of the objectives of this Agreement, the preferential treatment provided for in their favor; and the geographic isolation of the former.

ARTICLE 23. The Commission will have a president who will remain a calendar year in office.
This function shall be exercised by the representative of the country holding the presidency of the Andean Presidential Council.

ARTICLE 24. The Commission shall meet regularly three times a year and in special session when convened by its chairman at the request of any Member Countries or the General Secretariat.
Your sessions will be held at the headquarters of the General Secretariat, but may take place outside of it. The Commission shall meet with the presence of the absolute majority of the Member Countries.
Attendance at meetings of the Commission shall be binding and non-attendance is considered an abstention.


ARTICLE 25. The President of the Commission, at the request of one or more of the Member Countries or the General Secretariat convene the Commission to meet as an Enlarged Commission, in order to address sectoral issues, consider standards to enable coordination of development plans and the harmonization of economic policies of member countries as well as to hear and resolve all other matters of common interest.
These meetings will be chaired by the President of the Commission and shall be jointly formed by the principal representatives to this and the ministers or secretaries of state of the respective area. A vote was exercised by country to approve its decisions, which form part of the legal system of the Andean Community.

ARTICLE 26. The Commission shall take its decisions by the affirmative vote of the absolute majority of the Member Countries. Exceptions to this general rule:
a) The matters included in Annex I to this Agreement, which the Commission shall take its decisions by the affirmative vote of the absolute majority of the member countries and no negative vote.
The Commission may add new matters to that Annex with the affirmative vote of an absolute majority of the Member Countries;
B) In the cases listed in Annex II the proposals of the General Secretariat shall be approved by the affirmative vote of the absolute majority of the Member Countries provided that no negative vote. Proposals receiving the affirmative 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 consideration of the antecedents that have given rise to such negative feedback. In no less than two months nor more than six term, the General Secretariat again submit the proposal for consideration by the Commission with any changes it deems appropriate and, if so, the amended proposal shall be considered approved if it receives the vote favorable absolute majority of the member countries, without any negative feedback, but are not computed as a country that voted negatively on any previous occasion;
C) Matters relating to the special regime for Bolivia and Ecuador, listed in Annex III. In this case, the decisions of the Commission shall be taken by an absolute majority of votes in favor and whenever one of them is that of Bolivia or Ecuador, and
d) programs and industrial development projects must be approved by the favorable vote of the absolute majority of the Member Countries provided that no negative vote.

ARTICLE 27. The General Secretariat or the Member Countries should present their proposals at least fifteen (15) days prior to the date of meeting of the Andean Council of Foreign Ministers or the Commission, as appropriate. Only in duly justified and in accordance with the legal system of the Andean Community exceptional cases may be waived in advance required, provided that the proponent and the other member countries are in agreement.
Proposals receiving the affirmative vote of an absolute majority of Members but which are the subject of a negative vote Countries, should be returned to the proponent for consideration of the antecedents that have given rise to the negative vote.
In not less than one month nor more than three term, the proponent will submit the proposal for consideration by the body that corresponds with any changes it deems appropriate and, if so, the amended proposal shall be deemed approved if again with the favorable vote of the absolute majority of the Member Countries.

ARTICLE 28. The Member Country incurring further delay to four quarters for payment of current to the General Secretariat or the Court of Justice of the Andean Community contributions may not exercise the right to vote in the Commission to both rectify the situation.
In such case the quorum and voting shall be computed according to the number of contributing countries.

D. SECTION OF THE GENERAL SECRETARIAT OF THE ANDEAN COMMUNITY

ARTICLE 29. The General Secretariat is the executive body of the Andean Community and as such it acts solely in the interests of the subregion. The General Secretariat shall give technical support, when appropriate to other organs and institutions of the Andean Integration System.

The General Secretariat shall be headed by the Secretary General. For the performance of its functions it will be supported by the CEOs, according to the respective regulations. also provide technical and administrative staff needed to carry out its functions. The General Secretariat shall be expressed through resolutions.

ARTICLE 30. The functions of the General Secretariat of the Andean Community:
a) Ensure the implementation of this agreement and compliance with the rules comprising the legal system of the Andean Community;
B) Address the orders of the Andean Council of Foreign Ministers and the Commission;
C) Formulate the Andean Council of Foreign Ministers and the Commission proposals for decision in accordance with their respective responsibilities, as well as initiatives and suggestions to the enlarged meeting of the Andean Council of Foreign Ministers, to facilitate or accelerate the performance of this agreement, in order to achieve their goals in the shortest possible time;
D) Conduct studies and propose necessary for the application of special treatment for Bolivia and Ecuador and, in general, concerning the participation of the two countries in this Agreement;
E) 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, paying particular attention to compliance with the principle of equitable sharing of benefits integration, and propose corrective measures;
F) To carry out technical studies and coordination entrusted to other bodies of the Andean Integration System and others which it considers necessary;
G) To maintain permanent working relationships with Member Countries, in coordination with the national integration body by each country for this purpose;
H) prepare its annual program of work, which give preference to the work entrusted to other organs of the system;
I) Promote regular meetings of national bodies responsible for the formulation or implementation of economic policy and especially of those who are in charge of planning;
J) To maintain working relationships with the executive bodies of other regional organizations of integration and cooperation in order to strengthen their relationship and mutual cooperation;
K) Keep the records of the enlarged meetings of the Andean Council of Foreign Ministers and the Commission, and prepare the tentative agenda of their meetings, in coordination with the chairmen of those bodies;
Ll) be the depository of the minutes of meetings and other documents of the bodies of the Andean Integration System and attest to the authenticity of the same;
M) Edit the Official Gazette of the Cartagena Agreement;
N) To exercise the Secretariat of the Meeting of Representatives of the institutions of the Andean Integration System; and
o) exercise other powers expressly conferred upon the legal system of the Andean Community.

ARTICLE 31. The General Secretariat shall operate on a permanent basis and its headquarters is the city of Lima, Peru.

ARTICLE 32. The General Secretariat shall be headed by a Secretary General who shall be elected by consensus of the Andean Council of Foreign Ministers meeting in enlarged session, for a period of five (5) years and may be reappointed for one time.
The Secretary General shall be a person with broad representation, prestige and a national of one of the Member Countries. It will only act in the interests of the subregion as a whole.
During his tenure, the Secretary General may not perform any other activity; nor seek or accept instructions from any government, national or international entity.
In case of vacancy, the Andean Council of Foreign Ministers meeting in enlarged session will immediately appoint by consensus the new holder. Until it is appropriate to such designation, temporarily assume the General Secretariat, the Director General of greater seniority.

ARTICLE 33. The Secretary-General may be removed by consensus, at the request of a member country, only when the performance of their duties incurred serious misconduct under the Regulations of the General Secretariat.

ARTICLE 34. The powers of the Secretary General of the Andean Community:
a) Exercise the legal representative of the General Secretariat;

B) propose to the Commission or the Andean Council of Foreign Ministers initiatives concerning the Regulations of the General Secretariat;
C) To hire and remove, according to the Regulations of the General Secretariat, technical and administrative staff;
D) To participate with voice rights at meetings of the Andean Council of Foreign Ministers, the Commission and their respective enlarged meetings and, when invited, on the other organs of the system;
E) submit to the Commission the draft annual budget for approval; and
f) To submit an annual report on the activities of the General Secretariat of the Andean Council of Foreign Ministers meeting in enlarged session.

ARTICLE 35. The Secretary-General shall appoint general managers, in consultation with Member States and in accordance with the organic-functional structure of the General Secretariat.
CEOs senior professionals will be designated strictly on the basis of their academic training, competence, integrity and experience, being responsible for the technical area.
CEOs must be nationals of one of the Member Countries and their appointment the Secretary General shall seek to ensure balanced subregional geographic distribution. The appointment and removal of directors shall be governed by general provisions in the Regulations of the General Secretariat.

ARTICLE 36. In implementing the procedures in which the interests of two or more Member Countries are in dispute, the Secretary General will have the technical assistance of special experts, whose appointment and method of participation shall be in accordance with Regulation the General Secretariat.

ARTICLE 37. The Secretary General, in the recruitment of technical and administrative staff, who may be of any nationality, strictly take into account the suitability, competence and integrity of candidates and endeavor, insofar as this is not incompatible with above criteria, there is a balanced subregional geographic distribution.
The appointment and removal of personnel shall be exercised in accordance with the criteria and grounds established in the Regulations of the General Secretariat without prejudice to available in this regard the Treaty Creating the Court of Justice and its amending protocols .

ARTICLE 38. The personnel of the General Secretariat shall refrain from any action incompatible with their duties, and not seek or accept instructions from any Government, national entity or international some.

ARTICLE 39. In the case of proceedings that must culminate in the adoption of a resolution or opinion, natural or legal, public or private persons of Member Countries should cooperate with investigations conducted by the General Secretariat in the development of its functions and in this regard shall provide the information requested for this purpose them.
The General Secretariat shall keep the confidentiality of the documents and information that are provided in accordance with the rules established in this regard. SECTION E.

THE COURT OF THE ANDEAN COMMUNITY

ARTICLE 40. The Court is the judicial body of the Andean Community.

ARTICLE 41. The Court of Justice of the Andean Community is governed by its Charter, its modifying protocols and this agreement.
The Court is based in the city of Quito, Ecuador. SECTION F.


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 shall consist of representatives elected by direct universal suffrage, according procedure to be adopted through an Additional Protocol shall include adequate criteria for national representation.
Until the Additional Protocol instituting direct elections is signed, the Andean Parliament shall be comprised of representatives of the National Congress, in accordance with its internal regulations and the General Regulations of the Andean Parliament.
The headquarters of the Andean Parliament will be in the city of Santa Fe de Bogota, Colombia.

ARTICLE 43. The functions of the Andean Parliament:
a) To participate in the promotion and guidance of the process of Andean subregional integration, with a view to consolidating Latin American integration;
B) examine the progress of the process of Andean subregional integration and fulfillment of its objectives, requiring them regular information to the organs and institutions of the System;

C) To make recommendations on the draft annual budget of the bodies and institutions of the System that are financed through direct contributions from Member Countries;
D) Suggest to the organs and institutions of the system actions or decisions which have as their object or effect the adoption of modifications, adjustments, or new general guidelines in relation to the program objectives and the institutional structure of the System;
E) participate in the law-making process by suggesting to the bodies of the System draft standards on issues of common interest, for incorporation into the legal system of the Andean Community;
F) Promote the harmonization of the laws of the Member Countries; and
g) To foster cooperation and coordination with the parliaments of the Member Countries, the organs and institutions of the System, as well as parliamentary bodies of integration or cooperation of third countries. SECTION G.


ADVISORY 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 from the highest level, which will be elected directly by the organizations representing business and labor sectors of each of the member countries, in accordance with their respective regulations and officially accredited by them.
It shall be for the Advisory Councils issue an opinion to the Andean Council of Foreign Ministers, the Commission or the General Secretariat, at their request or on its own initiative, programs or activities of the Andean subregional process of integration that were of interest to their respective sectors. They may also be called to meetings of the working groups and governmental experts, linked to the preparation of draft decisions, and may participate with the right to speak at meetings of the Commission. SECTION H.


OF FINANCIAL INSTITUTIONS Next



Related Laws