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Act 1349 2009

Original Language Title: LEY 1349 de 2009

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1349 OF 2009

(July 31)

Official Journal No. 47.751 of 25 June 2010

CONGRESS OF THE REPUBLIC

By means of which the "Political Dialogue and Cooperation Agreement 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 the United States of America") is approved. Venezuela), on the other hand ", made in Rome, the fifteen (15) December of two thousand three (2003).

Effective Case-law

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Andean Community and its Member Countries (Bolivia, Colombia, Ecuador, Peru and Venezuela), of the other part", made in Rome, Fifteen (15) December of two thousand three (2003), which to the letter says:

(To be transcribed: photocopy of the full text of the international instrument mentioned).

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

THE KINGDOM OF BELGIUM

THE KINGDOM OF DENMARK

THE FEDERAL REPUBLIC OF GERMANY

THE HELENICA REPUBLIC

THE KINGDOM OF SPAIN

THE FRENCH REPUBLIC

IRELAND

THE ITALIAN REPUBLIC

THE GRAND DUCHY OF LUXEMBOURG

THE KINGDOM OF THE NETHERLANDS

THE REPUBLIC OF AUSTRIA

THE PORTUGUESE REPUBLIC

THE REPUBLIC OF FINLAND

THE KINGDOM OF SWEDEN

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND.

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

THE ERUPEA COMMUNITY

On the one hand, and

THE ANDEAN COMMUNITY AND ITS MEMBER COUNTRIES,

THE REPUBLIC OF BOLIVIA

THE REPUBLIC OF COLOMBIA

THE REPUBLIC OF ECUADOR

THE PERU REPUBLIC

THE BOLIVARIAN REPUBLIC OF VENEZUELA

on the other hand.

CONSIDERING the historical and cultural ties that have traditionally existed between the Parties and the desire to strengthen their relations on the basis of the mechanisms that currently regulate them;

CONSIDERING that this new Political Dialogue and Cooperation Agreement should mean a qualitative step forward in the depth and scope of the European Union's and the Andean Community's relations, including new areas of interest for both Parts;

REAFFIRMING their respect for democratic principles, the fundamental human rights established in the Universal Declaration of Human Rights and International Humanitarian Law;

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

CONVINCED of the importance of the fight against illicit drugs and related crimes, on the basis of the principles of shared responsibility, integrality, balance and multilateralism;

UNDERLINING their commitment to cooperate in the pursuit of the objectives of poverty eradication, justice and social cohesion and equitable and sustainable development, including aspects such as vulnerability to natural disasters, conservation and protection of the environment and biodiversity, strengthening respect for human rights, democratic institutions and good governance, as well as the progressive integration of Andean countries into the world economy;

EMPHASIZING the importance that the Parties attach 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 recommended in the Declaration on the political dialogue between the European Union and the Andean Community, signed in Rome on 30 June 1996;

UNDERLINING the need to strengthen the cooperation programme governed by the Framework Agreement for Cooperation concluded in 1993 between the European Economic Community and the Cartagena Agreement and its Member States, the Republic of Bolivia, the Republic of of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela (hereinafter referred to as the "1993 Framework Cooperation Agreement");

RECOGNISING the need to intensify the process of regional integration, trade liberalisation and economic reform in the Andean Community, as well as to accelerate the efforts to prevent conflicts in order to establish an Andean Peace Zone, in line with the Lima Commitment (Andean Charter for Peace and Security, Limitation and Control of Expenditure for External Defense);

CONSCIOUS of the need to promote sustainable development in the Andean region through a development partnership involving all stakeholders, including organised civil society and the private sector, in accordance with the principles set out in the Monterrey Consensus and the Johannesburg Declaration, as well as in its Implementation Plan;

CONVINCED of the need to cooperate in migration, asylum and refugee issues;

STRESSING the willingness to cooperate in international forums;

CONSCIOUS of the need to consolidate relations between the European Union and the Andean Community in order to strengthen the mechanisms underpinning their ties with a view to addressing the new dynamics of international relations in a world global and interdependent;

TAKING INTO ACCOUNT the strategic partnership developed between the European Union and Latin America and the Caribbean in the framework of the 1999 Rio Summit, ratified at the Madrid Summit in 2002; and

REITERATING in this context the need to promote the exchanges necessary to create the conditions for the development, on a solid and mutually beneficial basis, of closer relations between the European Union and the Community Andean;

Have decided to conclude this agreement:

TITLE I.

OBJECTIVES, NATURE AND SCOPE OF THE AGREEMENT.

ARTICLE 1o. PRINCIPLES.

1. Respect for the democratic principles and fundamental human rights enunciated in the Universal Declaration of Human Rights, as well as the principles underpinning the rule of law, inspires the internal and international policies of the both Parties and constitutes an essential aspect of this Agreement.

2. The Parties confirm their commitment to promote sustainable development and contribute to the achievement of the Millennium Development Goals.

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

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ARTICLE 2o. OBJECTIVES AND SCOPE.

1. The Parties confirm their common objective of strengthening and deepening their relations in all areas covered by this Agreement through the development of political dialogue and the intensification of cooperation.

2. The Parties confirm their common objective of working to create the conditions allowing them to negotiate, on the basis of the outcome of the Doha work programme, a viable and mutually beneficial partnership agreement, including a free trade.

3. The implementation of this agreement should contribute to the creation of these conditions through the pursuit of political and social stability in the Andean Community, the deepening of its process of regional integration and the reduction of poverty in the Community. sustainable development framework.

4. This Agreement regulates political dialogue and cooperation between the Parties and contains the institutional arrangements necessary for their implementation.

5. The Parties undertake to regularly assess progress, taking into account those already achieved before the entry into force of the agreement.

TITLE II.

POLITICAL DIALOG.

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ARTICLE 3o. GOALS.

1. The Parties agree to intensify their regular political dialogue on the basis of the principles set out in the 1993 Framework Cooperation Agreement and the 1996 Rome Declaration between the Parties.

2. The Parties agree that the political dialogue will cover all aspects of mutual interest and any other international issues. It will pave the way for new initiatives aimed at achieving common objectives and establishing a common basis in areas such as regional security, development and stability, conflict prevention and resolution, human rights, ways to strengthen democratic governance, the fight against corruption, sustainable development, illegal migration, the fight against terrorism and the global problem of illicit drugs, including chemical precursors, active and small arms trafficking and small arms in all its aspects. It will also provide a conducive basis for taking initiatives and will support efforts to develop initiatives, including cooperation, and actions throughout the Latin American region.

3. The Parties agree that the political dialogue will allow for a broad exchange of information and will serve as a forum for joint initiatives at international level.

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ARTICLE 4. MECHANISMS.

The Parties agree that their political dialogue will take place:

(a) Where appropriate and by agreement of both Parties, at the level of the Heads of State or Government;

b) At ministerial level;

c) At senior officials level;

d) At the level of the competent services;

and take full advantage of diplomatic channels.

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ARTICLE 5o. COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY.

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

TITLE III.

COOPERATION.

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ARTICLE 6o. GOALS.

1. The Parties agree that the cooperation provided for in the 1993 Framework Cooperation Agreement will be strengthened and extended to other areas. It will focus on the following objectives:

a) Strengthening peace and security;

b) Promoting political and social stability through strengthening democratic governance and respect for human rights;

c) Deepening the process of regional integration among the countries of the Andean region to contribute to their social, political and economic development, including the development of productive capacity and the strengthening of their export capacity;

d) Reducing poverty, generating greater social and regional cohesion and promoting more equitable access to social services and the fruits of economic growth, ensuring a proper balance between the components economic, social and environmental in a context of sustainable development.

2. The Parties agree that cooperation shall take into account the cross-cutting aspects related to socio-economic development, including those relating to gender issues, respect for indigenous peoples, the prevention and management of natural disasters, conservation and protection of the environment and biodiversity, and will promote research and technological development. Regional integration will also be considered a cross-cutting aspect and, in this sense, the cooperation measures undertaken at national level should be compatible with the relevant integration process.

3. The Parties agree that measures to promote regional integration of the Andean region and to strengthen inter-regional relations between the Parties shall be encouraged.

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ARTICLE 7o. MEDIA.

The Parties agree that cooperation will be implemented through technical assistance, studies, training programmes, exchanges of information and know-how, meetings, seminars, research projects, infrastructure development, use of new financial mechanisms or any other means agreed by the Parties in the context of cooperation, of the objectives pursued and of the means available, in accordance with the rules and regulations applicable to such cooperation.

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ARTICLE 8o. COOPERATION ON HUMAN RIGHTS, DEMOCRACY AND GOOD GOVERNANCE.

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

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

b) Strengthening the rule of law and the effective and transparent management of public affairs, including the fight against corruption at the local, regional and national levels;

c) Ensuring an independent and efficient judicial system;

d) Implementation and dissemination of the Andean Charter for the Promotion and Protection of Human Rights.

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ARTICLE 9o. COOPERATION IN THE FIELD OF CONFLICT PREVENTION.

1. The Parties agree that cooperation; in this field will promote and sustain a comprehensive policy of peace, including conflict prevention and resolution. This policy will be based on the principle of commitment and participation of society and will focus primarily on the development of regional, sub-regional and national capacities. It will guarantee all social groups the same political, economic, social and cultural opportunities, strengthen democratic legitimacy, promote social cohesion and the effective management of public affairs, create effective mechanisms for peaceful reconciliation of the interests of the various groups and foster an active and organised civil society.

2. Cooperation activities may include, inter alia, the provision of support for mediation, negotiation and reconciliation processes, the regional management of shared natural resources, disarmament, demobilisation and reintegration. the social partners of former members of illegal armed groups, the efforts made in the field of child soldiers (as defined in the UN Convention on the Rights of the Child), measures to combat anti-personnel mines, training programmes in the field of border controls, as well as support for implementation and dissemination of the Lima Commitment (Andean Charter for Peace and Security, Limitation and Control of Expenditure for External Defense).

3. The Parties shall also cooperate in the field of prevention and the fight against the illegal trafficking of small arms and light weapons, with the aim, inter alia, of coordinating actions to strengthen legal and institutional cooperation. and to collect and destroy small arms and light weapons illegally tempted by private individuals.

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ARTICLE 10. COOPERATION IN THE FIELD OF MODERNISATION OF STATE AND PUBLIC ADMINISTRATION.

1. The Parties agree that the objective of cooperation in this field will be to modernize the public administration of the Andean countries, which includes supporting the processes of decentralization and the organizational changes resulting from the process of Andean integration. In general, the aim will be to increase organisational effectiveness, ensure transparent management of public resources and accountability, and to improve the legal and institutional framework on the basis of good practice. both Parties and the experience gained by the European Union in the implementation of its policies and devices.

2. Cooperation may include, inter alia, programmes aimed at developing the capacities necessary for the design and implementation of policies (provision of public services, the preparation and implementation of the budget, prevention and control). against corruption and the involvement of organised civil society) and to strengthen judicial systems.

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ARTICLE 11. COOPERATION IN THE FIELD OF REGIONAL INTEGRATION.

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

2. Cooperation will promote the development and strengthening of common institutions in the member countries of the Andean Community and promote closer relations between the institutions concerned. Strengthen institutional exchanges in the field of integration, broadening and deepening reflection in the following areas: analysis and promotion of integration; publications; graduate studies in integration; scholarships and periods of practices.

3. Cooperation shall also promote the development of common policies and the harmonisation of the legal framework, including, for example, sectoral policies on trade, customs, energy, transport, communications, the environment and competition, and the coordination of macroeconomic policies in the fields of monetary policy, fiscal policy and public finances.

4. More specifically, cooperation may include, inter alia, the provision of trade-related technical assistance for:

a) The consolidation and implementation of the Andean customs union;

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

c) Simplification, modernisation, harmonisation and integration of customs and transit systems, and provision of assistance for the development of legislation, standards and vocational training; and

(d) The creation of an intra-regional common market covering the free movement of goods, services, capital and persons, as well as the other complementary measures necessary to ensure its full implementation.

5. The Parties also agree that Andean policies on border integration and development are an essential element for strengthening and consolidating the process of regional and sub-regional integration.

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ARTICLE 12. REGIONAL COOPERATION.

The Parties agree to use all existing cooperation instruments to promote activities aimed at developing active and reciprocal cooperation between the European Union and the Andean Community, and between Andean and other countries. The European Commission, the European Parliament, the Committee of the Regions, the European Parliament, the Committee of the Regions, the Committee of the Regions, the Committee of the Regions, the Committee of the Regions, the Committee of the Regions, the Committee of the Regions communications, regional development and land use planning.

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ARTICLE 13. COMMERCIAL COOPERATION.

Taking into account the common objective of the EU and the Andean Community to work to create the conditions allowing them to negotiate, on the basis of the outcome of the Doha work programme, a mutually viable and mutually agreed partnership beneficial, including a free trade agreement, the Parties agree that trade cooperation will promote the development of the capacities of the Andean countries, in order to achieve an increase in competitiveness that will allow for a better participation on the European market and the world economy.

In the light of this objective, trade-related technical assistance will have to include activities in the field of trade facilitation and customs (e.g. simplification of procedures, modernisation of trade, etc.). customs administrations and training of officials), technical standards, sanitary and phytosanitary measures, intellectual property rights, investment, services, public procurement, dispute settlement mechanisms, etc. Promote the development and diversification of intra-regional trade to the highest possible level and encourage the active participation of the Andean region in multilateral trade negotiations in the context of the World Trade Organisation. Trade.

Trade-related technical assistance should also encourage the identification and removal of obstacles to the development of trade.

An additional objective may be to promote and support, inter alia, the following activities:

-Trade promotion activities, including appropriate exchanges between enterprises of both Parties;

-Commercial Missions;

-Market Analysis;

-Studies on how best to adapt local production to demand from external markets.

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ARTICLE 14. COOPERATION IN THE FIELD OF SERVICES.

The Parties agree to strengthen their cooperation in the field of services in accordance with the rules of the General Agreement on Trade in Services (GATS), thus reflecting the growing importance of development services and services. diversification of their economies. The objective of this enhanced cooperation will be to improve the competitiveness of the services sector of the Andean Community and to facilitate greater participation in world trade in services, taking into account the criteria for sustainable development. The Parties shall determine in which sectors of the services cooperation shall be intensified. The activities will focus, inter alia, on the regulatory framework and on access to capital sources and technology.

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ARTICLE 15. COOPERATION IN THE FIELD OF INTELLECTUAL PROPERTY.

The Parties agree that cooperation in this field will aim to promote investment, technology transfer, information dissemination, cultural and creative activities and related economic activities, as well as a wider access and the sharing of benefits. Both Parties undertake to grant, within the framework of their respective laws, regulations and policies, adequate and effective protection of intellectual property rights in accordance with the most stringent international standards.

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ARTICLE 16. COOPERATION IN THE FIELD OF PUBLIC PROCUREMENT.

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

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ARTICLE 17. COMPETITION POLICY COOPERATION.

The Parties agree that cooperation in the field of competition policy will promote the effective establishment and implementation of competition rules, as well as the dissemination of information in order to promote transparency and security. for companies operating on the market in the Andean Community.

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ARTICLE 18. CUSTOMS COOPERATION.

1. The Parties agree that cooperation in this field shall be aimed at ensuring compliance with the provisions of the World Trade Organization in relation to trade and sustainable development, and to ensure that customs procedures are met. of both Parties are compatible to facilitate trade between them.

2. Cooperation activities may include:

(a) Simplification and harmonisation of import and export documents on the basis of international law, including the use of simplified declarations;

(b) Improving customs procedures by means of methods such as risk assessment, simplified procedures for entry and release of goods, the granting of approved operator status and the use of automated and Computerised data exchange (EDI);

(c) Measures to improve transparency and procedures for the use of customs decisions and decisions;

(d) Devices to ensure regular consultations with the commercial community on the rules and procedures on import and export.

3. The Parties agree to study, within the limits of the institutional framework established by this Agreement, the conclusion of a mutual assistance protocol on customs.

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ARTICLE 19. COOPERATION IN THE FIELD OF TECHNICAL REGULATION AND CONFORMITY ASSESSMENT.

1. The Parties agree that cooperation on standards, technical regulation and conformity assessment is a key objective for the development of trade, in particular intra-regional trade.

2. Cooperation between the Parties shall promote efforts at:

a) Cooperation in regulatory matters;

b) The approximation of technical regulations on the basis of international and European standards, and

c) The creation of a regional notification system and a network of conformity assessment bodies that operate in a non-discriminatory manner, and the enhancement of the use of accreditation.

3. In practice, cooperation:

(a) Provide assistance as regards technical and organisational capacities to promote the creation of regional networks and bodies and increase policy coordination, with a view to promoting a common approach to the use of international and regional standards and adopt compatible technical regulations and conformity assessment procedures;

(b) It shall provide for measures to overcome differences between the Parties in the field of conformity assessment and standardisation, notably the exchange of information on standards, conformity assessment and approval; and

c) It shall provide for measures to improve the compatibility between the respective systems of the Parties in the above areas, including transparency, good regulatory practices and the promotion of quality standards for the Parties. products and business practices.

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ARTICLE 20. INDUSTRIAL COOPERATION.

1. The Parties agree that industrial cooperation will promote the modernization and restructuring of the Andean industry and specific sectors, as well as industrial cooperation among economic operators, in order to strengthen the sector (a) in conditions which ensure the protection of the environment.

2. Industrial cooperation initiatives shall reflect the priorities set by both Parties. They will take into account regional aspects of industrial development, promoting the creation of transnational partnerships, if appropriate. The initiatives will aim to create, in particular, an appropriate framework for improving the expertise in management and to promote transparency as regards the markets and the conditions under which undertakings make their own activities.

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ARTICLE 21. COOPERATION ON THE DEVELOPMENT OF MICRO AND SMALL AND MEDIUM-SIZED ENTERPRISES.

The Parties agree to promote an enabling environment for the development of micro and small and medium-sized enterprises through, in particular:

(a) The promotion of contacts between economic actors, joint investment and the creation of joint ventures and information networks through existing horizontal programmes;

(b) Facilitation of access to sources of finance, information provision and encouragement of innovation;

c) The facilitation of technology transfer;

d) The determination and study of marketing channels.

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ARTICLE 22. COOPERATION IN THE AGRICULTURAL, FORESTRY AND RURAL DEVELOPMENT SECTORS.

The Parties agree to promote mutual cooperation in agriculture, forestry and rural development, to promote diversification, good practices as regards the environment, sustainable economic and social development, and food safety. The Parties shall consider:

(a) Measures to increase the quality of agricultural products, capacity building, technology transfers, measures for producer associations and support for commercial promotion activities;

b) Environmental health measures, animal health and plant health measures and other related aspects, taking into account the legislation in force in both Parties and their respective international obligations, resulting in particular from the rules of the multilateral agreements on the environment and the World Trade Organisation;

c) Measures relating to the sustainable economic and social development of rural areas, including ecologically sound practices, forestry, research, land access, sustainable rural development and security food;

(d) Measures relating to the preservation and promotion of traditional activities based on the specific identity signs of rural populations and communities, such as the exchange of experiences, partnerships and the development of enterprises cooperation networks between local actors or economic operators.

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ARTICLE 23. COOPERATION IN FISHERIES AND AQUACULTURE.

The Parties agree to develop economic and technical cooperation in the fisheries and aquaculture sectors, mainly with regard to the sustainable exploitation, management and conservation of fishery resources, including evaluation of the environmental impact. Cooperation shall also include areas such as the processing industry and trade facilitation, and may lead to bilateral fisheries agreements between the Parties, or between the European Community and one or more countries. Member States of the Andean Community, and/or in the conclusion of multilateral fisheries agreements between the Parties.

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ARTICLE 24. COOPERATION IN THE MINING SECTOR.

The Parties agree that, taking into account certain aspects relating to the conservation of the environment, cooperation in the mining sector will mainly focus on the following:

(a) Promote the participation of enterprises of both Parties in the exploration and sustainable exploitation of minerals, as well as in their use, in accordance with their respective laws;

b) Promote exchanges of information, experience and technology as regards mining exploration and exploitation;

c) Promote the exchange of experts and conduct joint research work to increase the possibilities for technological development;

d) Develop measures to boost investment in this sector;

e) Develop measures to ensure respect for the environment and environmental responsibility of companies in this sector.

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ARTICLE 25. ENERGY COOPERATION.

1. The Parties agree that their joint objective will be to promote cooperation in the field of energy, which includes strengthening economic relations in basic sectors such as hydroelectric power, oil and gas, renewable energy, energy saving technology, rural electrification and regional integration of energy markets, taking into account that the Andean countries are already implementing electricity interconnection projects.

2. Cooperation may include, in particular,

following:

(a) Energy policy issues, including the interconnection of infrastructure of regional importance, the improvement and diversification of supply and the improvement of access to energy markets, including the facilitation of transit, transmission and distribution;

b) Management and training for the energy sector and the transfer of technology and expertise;

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

d) Initiatives of cooperation between companies in the sector.

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ARTICLE 26. COOPERATION IN THE FIELD OF TRANSPORT.

1. The Parties agree that cooperation in this field will focus on the restructuring and modernisation of transport systems and related infrastructure, the improvement of passenger and freight traffic and the extension of access to the markets for urban, air, sea, river, lake, rail and road transport by improving the operational and administrative management of transport and the promotion of demanding operating standards.

2. Cooperation may include the following:

(a) Exchanges of information on the policies of the Parties, in particular with regard to urban transport and the interconnection and interoperability of multimodal transport networks and other matters of common interest;

(b) Management of river transport, lake transport, roads, railways, ports and airports, including appropriate collaboration between the relevant authorities;

c) Projects for the transfer of European technology in the Global Navigation Satellite System and urban public transport hubs;

d) Improving safety and pollution prevention standards, including cooperation in appropriate international fora to improve compliance with international standards.

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ARTICLE 27. COOPERATION IN THE FIELD OF THE INFORMATION SOCIETY, INFORMATION AND TELECOMMUNICATIONS TECHNOLOGIES.

l. The Parties agree that information and communication technologies are essential sectors of modern society, of vital importance for economic and social development and for a smooth transition to the information society. Cooperation in this field will contribute to reducing the digital divide and will seek to provide equitable access to information technologies, especially in less developed areas.

2. In this area, cooperation will seek to promote:

a) Dialogue on all aspects of the information society;

b) Dialogue on policies and regulatory aspects of information and communications technologies, including standards;

c) The exchange of information on standards, conformity assessment and approval;

d) The dissemination of new information and communication technologies and the exchange of information on new technological developments;

e) Joint research projects on information and communication technologies and pilot projects in the field of information society applications;

f) The interconnection and interoperability of telematics networks and services;

g) Reciprocal access to databases, taking due account of national and international copyright legislation;

h) The exchange and training of specialists;

i) The computerization of public administration.

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ARTICLE 28. COOPERATION IN AUDIOVISUAL MATTERS.

The Parties agree to promote cooperation in the audiovisual and media sectors in general, through joint initiatives in training, audiovisual development, production and distribution activities. The cooperation shall be in accordance with the relevant national provisions on copyright and international agreements.

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ARTICLE 29. COOPERATION IN THE TOURISM SECTOR.

The Parties agree that cooperation in this field will be aimed at:

a) Determine best practices to ensure a balanced and sustainable development of tourism in the Andean region;

b) Improving the quality of services offered to visitors;

c) Increase public awareness of the social and economic importance of tourism for the development of the Andean Region;

d) Promote and develop ecotourism;

e) Promote the adoption of common policies on tourism within the framework of the Andean Community.

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ARTICLE 30. COOPERATION BETWEEN FINANCIAL INSTITUTIONS.

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

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ARTICLE 31. COOPERATION IN THE FIELD OF INVESTMENT PROMOTION.

1. The Parties agree to promote, within the limits of their respective competences, a stable climate capable of attracting mutual investment.

2. Cooperation shall include, in particular:

(a) Stimulating and developing mechanisms for the exchange and dissemination of information on investment legislation and possibilities in this field;

(b) Making a legal framework conducive to investment in both regions by concluding, where appropriate, bilateral agreements between Member States of the two Parties that encourage and protect investment and prevent double investment. imposition;

c) Elaboration of uniform and simplified administrative procedures;

d) Elaboration of joint enterprise devices.

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ARTICLE 32. MACROECONOMIC DIALOGUE.

1. The Parties agree that cooperation shall aim at promoting the exchange of information on the respective macroeconomic trends and policies, as well as the exchange of experience gained in policy coordination. Macroeconomic policy in the framework of a common market.

2. The Parties shall also endeavour to intensify the dialogue between their respective authorities on macroeconomic matters, including in areas such as monetary policy, fiscal policy, public finances, external debt and stabilisation. macroeconomic.

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ARTICLE 33. STATISTICAL COOPERATION.

1. The Parties agree that the main objective will be to approximate statistical methods and programmes, thus allowing each Party to use the statistics of the other on trade in goods and services and, more generally, on any field included in this agreement for which statistics can be compiled.

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, the development of common collection methods, analysis and interpretation of data, and the organisation of seminars, working groups or training programmes in the field of statistics.

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ARTICLE 34. COOPERATION ON CONSUMER PROTECTION.

1. The Parties agree that cooperation in this field shall aim to make the systems of consumer protection of both Parties compatible.

2. As far as possible, cooperation may be intended to:

a) Increase the compatibility of consumer protection legislation to avoid barriers to trade while ensuring a high level of consumer protection;

b) Establish and develop systems for the mutual exchange of information, such as early warning systems, on food and feed, which present a risk to public health and animal health;

(c) Reinforce the enforcement capabilities of sanitary and phytosanitary measures to facilitate market access and ensure an adequate level of health protection on a transparent, non-discriminatory and predictable basis;

d) Encourage cooperation and exchange of information among consumer associations;

e) To support the "Andean Table of Participation of the Civil Society for the Defense of Consumer Rights".

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ARTICLE 35. COOPERATION ON DATA PROTECTION.

1. The Parties agree to promote a high level of protection in the processing of personal and other data, in accordance with the most stringent international standards.

2. The Parties also agree to cooperate to improve the level of protection of personal data and to strive to remove obstacles to their free movement between Parties due to their insufficient protection.

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ARTICLE 36. SCIENTIFIC AND TECHNOLOGICAL COOPERATION.

1. The Parties agree that scientific and technological cooperation shall be carried out in their mutual interest and in accordance with their policies, in particular as regards the rules for the use of intellectual property generated by the investigation, and will aim to:

a) Contribute to the development of science and technology in the Andean region;

b) To exchange information and experience, scientific and technological, at regional level, particularly with regard to the implementation of policies and programmes;

c) Promote the development of human resources and an appropriate institutional framework for research and development;

d) To promote relations between the scientific communities of the Parties and to promote the development of joint scientific and technological research projects;

e) To encourage the business sector of both Parties to participate in scientific and technological cooperation, in particular in the promotion of innovation;

f) Promote innovation and technology transfer between the Parties, including e-government and clean technologies.

2. The participation of higher education institutions, research centres and productive sectors, especially small and medium-sized enterprises, will be promoted on both sides.

3. The Parties agree to promote scientific and technological cooperation between universities, research centres and productive sectors in both regions, including through the award of grants and the organisation of student exchanges and High-level specialists.

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 third-party legal entities. countries.

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ARTICLE 37. COOPERATION IN EDUCATION AND TRAINING.

1. The Parties agree that cooperation in this field will aim to improve education and vocational training. Special attention will be paid to the access of young people, women and the elderly to education, including courses of technical training, higher education and vocational training, as well as the achievement of the objectives of the Millennium Development in this context.

2. The Parties agree to cooperate more closely in the fields of education and vocational training, and to promote cooperation between universities and between enterprises in order to develop the level of expertise of staff. manager.

The Parties also agree to pay particular attention to centralised operations and horizontal programmes (ALFA, ALBAN) which create permanent links between specialized agencies of both Parties, which will encourage the use of together with the exchange of experience and technical resources.

4. Cooperation in this field may also support the Action Plan for the Education Sector in the Andean countries, which includes, inter alia, programmes for the harmonisation of Andean education systems, the implementation of an information system on educational statistics and intercultural education.

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ARTICLE 38. COOPERATION IN THE FIELD OF ENVIRONMENT AND BIODIVERSITY.

1. The Parties agree that cooperation in this field shall promote the protection and conservation of the environment for the sake of sustainable development. In this respect, the relationship between poverty and the environment and the impact on the environment of economic activities is considered to be important. Cooperation should also promote ratification and support for the implementation of multilateral agreements on the environment and other international agreements in areas such as climate change, biodiversity, desertification and management of chemicals.

2. Cooperation will be particularly focused on:

a) The 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 for the Andean Tropic;

c) The exchange of information and experiences with regard to environmental legislation and the common environmental problems that arise in both Parties;

d) Strengthening environmental management in all sectors, at all levels of government;

e) The promotion of environmental education, capacity building and the intensification of citizen participation, as well as the promotion of joint research programmes at regional level;

f) The protection and development of traditional knowledge and practices related to the sustainable use of biodiversity resources.

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ARTICLE 39. COOPERATION IN THE FIELD OF NATURAL DISASTERS.

The Parties agree that cooperation in this field will aim to reduce the vulnerability of the Andean region to natural disasters by strengthening regional planning and prevention capabilities, harmonisation of the legal framework and the improvement of institutional coordination.

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ARTICLE 40. CULTURAL COOPERATION AND CULTURAL HERITAGE CONSERVATION

1. The Parties agree to extend cooperation in this field, cultural ties and contacts between cultural actors in both regions.

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

3. The cooperation shall take place in accordance with the relevant national provisions on copyright and international agreements.

4. Such cooperation may cover all cultural fields, including, inter alia, the following:

a) Translation of literary works;

b) Conservation, restoration and revitalization of national heritage;

c) Cultural acts, such as art and craft exhibitions, music, dance, theatre and the realization of exchanges by artists and professionals from the world of culture;

d) Promoting cultural diversity;

e) Youth exchanges;

f) The development of cultural industries;

g) Conservation of cultural heritage;

(h) The prevention and control of illicit trade in goods belonging to the cultural heritage in accordance with the international conventions which the Parties have concluded.

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ARTICLE 41. COOPERATION IN THE FIELD OF HEALTH.

1. The Parties agree to cooperate in the health sector with the objective of supporting sectoral reforms aimed at strengthening equity and adaptation to the needs of the poor population of health services, and promoting equitable funding to improve access for the poor to healthcare.

2. The Parties agree that primary prevention also requires other sectors, such as education, water and sanitation, to be taken into account. In this regard, the Parties aim to create and intensify partnerships beyond the health sector in order to achieve the Millennium Development Goals, mainly as regards the fight against AIDS, malaria and tuberculosis, the relevant rules of the World Trade Organisation. It is also necessary to create partnerships with organised civil society, NGOs and the private sector to deal with aspects related to sexual and reproductive health and related rights from an attentive approach to issues. of gender, and work with young people to avoid sexually transmitted diseases and unwanted pregnancies.

3. The Parties agree to cooperate in the field of basic infrastructure such as water supply and sewage systems.

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ARTICLE 42. SOCIAL COOPERATION.

1. The Parties agree to cooperate in order to promote the participation of the social partners in a dialogue on living and working conditions, social protection and integration in society.

2. Cooperation should contribute to the processes of social, economic and political consultation aimed at promoting overall development in the context of poverty reduction and job creation strategies.

3. The Parties stress the importance of social development, which must accompany economic development, and agree to give priority to the promotion of fundamental principles and rights in the workplace as defined in the conventions of the International Labour Organisation, the so-called "core labour standards".

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

5. The Parties may cooperate in any field of mutual interest in the above sectors.

6. The measures shall be coordinated with those of the Member States of the European Union and relevant international organisations.

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

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ARTICLE 43. PARTICIPATION OF ORGANISED CIVIL SOCIETY IN COOPERATION.

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

2. In compliance with the legal and administrative provisions of each Party, organised civil society may:

a) Participate in the policy-making process at the national level, according to democratic principles;

b) Be informed of the consultations on sectoral policies and development and cooperation strategies, and participate in them, mainly in the areas that affect it, at all stages of the development process;

(c) Receive financial resources to the extent that the internal rules of each Party permit, as well as support for capacity building in critical sectors;

d) Participate in the implementation of cooperation programmes in the fields that affect it.

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ARTICLE 44. COOPERATION ON GENDER ISSUES.

The Parties agree that cooperation in this field will contribute to strengthening policies and programmes aimed at ensuring, improving and extending the equal participation of men and women in all sectors of political life, economic, social and cultural, including, if necessary, the adoption of positive measures in favour of women. It will also contribute to facilitating women's access to all the resources necessary for the full exercise of their fundamental rights.

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ARTICLE 45. COOPERATION AS REGARDS INDIGENOUS PEOPLES.

1. The Parties agree that cooperation in this field will contribute to the creation and development of partnerships with indigenous peoples in the context of promoting the objectives of poverty eradication, sustainable management of resources. natural and respect for human rights and democracy.

2. The Parties also agree to cooperate in the promotion of appropriate protection of traditional knowledge, innovations and practices of indigenous and local communities that represent traditional ways of life relevant to the conservation and sustainable use of biological diversity, as well as a fair and equitable sharing of the benefits arising from the use of such knowledge.

3. In addition to systematically taking into account the situation of indigenous peoples at all levels of development cooperation, the Parties shall integrate the specific situation of these groups in the preparation of their policies and strengthen the capacity of representative organizations of indigenous peoples, in order to increase the positive effects of development cooperation on these peoples.

4. Cooperation in this field may provide support to indigenous representative organizations, such as the Working Table on the Rights of Indigenous Peoples, an advisory body under the Andean Integration System.

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ARTICLE 46. COOPERATION WITH REGARD TO DISPLACED, UPROOTED AND FORMER MEMBERS OF ILLEGAL ARMED GROUPS.

l. The Parties agree that cooperation in favour of displaced, uprooted and former members of illegal armed groups will contribute to meeting their essential needs from the moment of the end of humanitarian aid to a long-term solution to regulate their status is adopted.

2. Such cooperation may include, inter alia, the following activities:

(a) Self-sufficiency and reintegration into the socio-economic fabric of displaced, uprooted and former members of illegal armed groups;

(b) Aid to local host communities and resettlement areas to facilitate the acceptance and integration of displaced, uprooted and former members of illegal armed groups;

c) Aid for the voluntary return of these population groups and their installation in their countries of origin or in other countries, if conditions permit;

d) Operations to help them recover their belongings or property rights, and help in the legal resolution of human rights violations of which these population groups have been victims;

e) Strengthening the institutional capacities of the countries faced with these problems.

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ARTICLE 47. COOPERATION IN THE FIGHT AGAINST DRUGS AND ASSOCIATED ORGANIZED CRIME.

1. On the basis of the principle of co-responsibility and in addition to the Specialized High Level Dialogue on Drugs between the European Union and the Andean Community, as well as the work of the Joint Monitoring Group on the Precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances, the Parties agree that cooperation in this field shall be aimed at coordinating and intensifying the efforts made. together to prevent and control the links that make up the global problem of illicit drugs. The Parties also agree to engage in the fight against organised crime related to this traffic through, for example, international organisations and bodies. The Parties agree to use the Mechanism for Drug Coordination and Cooperation between the European Union and Latin America and the Caribbean to this end as well.

2. The Parties shall cooperate in this field for the implementation, in particular, of:

a) Programs to prevent drug abuse;

b) Projects for training, education, treatment and rehabilitation of drug addicts;

c) Projects to promote the harmonisation of laws and measures applied in this sector in Andean countries;

d) Joint research programmes;

e) Effective cooperation measures and activities aimed at promoting and consolidating alternative development, with the participation of the communities concerned;

(f) Measures aimed at preventing new illicit crops and their transfer to fragile regions from the point of view of the environment or previously unaffected areas;

g) The effective implementation of measures to prevent the diversion of precursors and to control trade in these products, equivalent to those adopted by the European Community and the competent international bodies, and in accordance with the agreements on precursors signed on 18 December 1995 between each of the Andean countries and the European Community relating to precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or drugs. psychotropic substances;

(h) Strengthening of the control actions of arms, ammunition and explosives.

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