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Approves, For Ratification, 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, The Republics Of Bolivia, Colombia, Ecuador, Peru And...

Original Language Title: Aprova, para ratificação, o Acordo de Diálogo Político e Cooperação entre a Comunidade Europeia e os seus Estados Membros, por um lado, e a Comunidade Andina e os seus Países Membros, Repúblicas da Bolívia, Colômbia, Equador, Peru e Venezuela, por outro,

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MOTION FOR RESOLUTION No. 8/X

Considering the need to strengthen the programme of cooperation regulated by the

Framework Cooperation Agreement of 1993 between the European Economic Community and the

Agreement of Cartagena and its member countries, namely the Republics of Bolivia,

Colombia, Ecuador, Peru and Venezuela;

Taking into account that the strategic partnership established between the European Union and the countries

of Latin America and the Caribbean, within the framework of the I Rio Summit in 1999, reaffirmed in the II

Summit in Madrid in 2002 decided to deepen the relationship between the European Union

and that region, through the development of political dialogue and the reinforcement of

cooperation;

Attending to the strengthening of the political dialogue and the comprehensive nature of the cooperation

aim to promote the political affirmation of the European Union in the countries of the Community

Andina, favoring the indispensable stability to the harmonious development and

sustained from society and the state, with a view to a future relationship more

broad with this region.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a Resolution:

Approve, for ratification, the Agreement on Political Dialogue and Cooperation between the Community

European and its Member States, on the one hand, and the Andean Community and its

Member Countries, Republics of Bolivia, Colombia, Ecuador, Peru and Venezuela on the other,

including the statements, signed in Rome, on December 15, 2003, the text of which

authenticated version of the Portuguese language version is published in annex.

Seen and approved in Council of Ministers of June 23, 2005.

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

AGREEMENT FOR POLITICAL DIALOGUE AND COOPERATION

AMONG THE EUROPEAN COMMUNITY

AND ITS MEMBER STATES, ON THE ONE HAND,

AND THE ANDINA COMMUNITY AND ITS MEMBER COUNTRIES,

REPUBLICS OF BOLIVIA, COLOMBIA, ECUADOR, PERU AND

VENEZUELA, ON THE OTHER

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE 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 of the European Union, hereinafter referred to as "Member States", and

THE EUROPEAN COMMUNITY,

on the one hand, and

THE ANDINA COMMUNITY AND ITS MEMBER COUNTRIES

THE REPUBLIC OF BOLIVIA,

THE REPUBLIC OF COLOMBIA,

THE REPUBLIC OF ECUADOR,

THE REPUBLIC OF PERU,

THE BOLIVARIAN REPUBLIC OF VENEZUELA,

on the other hand,

CONSIDERING the traditional historical and cultural ties between the

Parties and the desire to deepen their relationships on the basis of the

mechanisms that regulate currently the relations between the Parties;

CONSIDERING that the new Agreement on Political Dialogue and Cooperation

represents qualitative progress for deepening and the

diversification of relations between the European Union and the Community

Andina, going on to cover new fields of interest for both

Parts;

REAFFIRMING their respect for democratic principles and for the

fundamental human rights, set out in the Universal Declaration of

Human rights, and by international humanitarian law;

REMEMBERING their commitment to the principles of the rule of law and the

good governance;

CONVINCED of the importance of the fight against drugs and crime

related, based on the principles of the sharing of responsibilities and a

global, balanced and multilateral intervention;

UNDERLINING their commitment to working jointly on the

pursuit of the goals of eradicating poverty, justice and the

social cohesion, equitable and sustainable development, having in

account aspects such as vulnerability to natural disasters, the

conservation and protection of the environment and biodiversity, strengthening the

respect for human rights, democratic institutions and good

governance, as well as the progressive integration of the Andean countries into the

world economy;

HIGHLIGHTING 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 the mechanisms of dialogue, such as

advocated in the common declaration signed in Rome on June 30

of 1996, concerning the political dialogue between the European Union and the

Andina community;

STRESSING the need to strengthen the programme of cooperation

regulated by the 1993 Framework for Cooperation Agreement between the Community

European Economic and the Cartagena Agreement and its member countries,

notably the Republic of Bolivia, the Republic of Colombia, the

Republic of Ecuador, the Republic of Peru and the Republic of Venezuela, the

hereinafter referred to as the "Framework Cooperation Agreement of 1993";

RECOGNIZING the need to deepen the process of integration

regional, the liberalization of trade and economic reform in the

Andina community and to intensify efforts on the subject of

conflict prevention, in order to create an Andina Peace Zone, from

Agreement with the Commitment of Lima and the Andean Charter for Peace and

Security and for the Limitation and Control of Defence Expense

External;

CONSCIOUS of the need to promote development

sustainable region of the Andean region by establishing a partnership

for development with the participation of all interested parties,

including civil society and the private sector, under principles

set out in the Consense of Monterrey and the Johannesburg Declaration and

their respective plan of application;

CONVINCED of the need to establish a cooperation in

matter of migration, asylum and refugees;

UNDERSCORING your desire to cooperate in the instances

international;

AWARE of the need to consolidate relations between the Union

European and the Andean Community, in order to strengthen the mechanisms in

that they settlement this relationship in order to confront the new dynamics of the

international relations in a globalized and interdependent world;

HAVING REGARD to the strategic partnership developed between the Union

European and Latin America and the Caribbean, in the framework of the Rio Summit

of 1999, subsequently reaffirmed at the Madrid Summit of 2002; and

REITERATING in this framework the need to promote exchanges

necessary to create conditions for the strengthening of relations between the Union

European and the Andean Community, based on solid and mutually reinforcing bases

advantageous,

THEY HAVE DECIDED TO CONCLUDE THIS AGREEMENT:

Title I

OBJECTIVES, NATURE AND SCOPE OF THE AGREEMENT

ARTICLE 1.

Principles

1. respect for democratic principles and human rights

fundaments set out in the Universal Declaration of Human Rights,

as well as by the principle of the rule of law, presides over internal policies

and external of both Parties and constitutes an essential element of the present

Agreement.

2. The Parties confirm their commitment to promoting development

sustainable and in contributing to the achievement of the Goals of

Development of the Millennium.

3. The Parties reaffirm their commitment to respect the principle of

good governance and to fight against corruption.

ARTICLE 2.

Objectives and scope

1. The Parties confirm their common goal of deepening and

consolidate their relations in all areas covered by the

present Agreement, through the development of the political dialogue and the

reinforcement of cooperation.

2. The Parties confirm their common goal of working on the

sense of creating the necessary conditions for which, based on the results

of the Doha Work Programme, can negotiate between them an agreement

of viable and reciprocally advantageous association, including an agreement of

free trade.

3. The application of this Agreement shall contribute to creating such

conditions, seeking to ensure political and social stability, the

deepening the process of regional integration and poverty reduction,

in a context of a sustainable development in the Andean Community.

4. The present Agreement regulates the political dialogue and cooperation between the

Parties, containing the necessary institutional arrangements for their

application.

5. Parties undertake to periodically assess progress

performed, taking into account the progress made before the entry into

vigour of the Agreement.

Title II

POLITICAL DIALOGUE

ARTICLE 3.

Objectives

1. The Parties agree to strengthen their regular political dialogue, with

basis in the principles set out among the Parties to the Framework Agreement of

Cooperation of 1993 and in the Rome Declaration of 1996.

2. The Parties agree that the political dialogue should focus on all

the subjects of common interest and any other international issues. The

dialogue should pave the way for new initiatives towards common goals

and of the establishment of concerted positions in areas such as

safety, regional development and stability, prevention and

conflict resolution, human rights, the strengthening of governance

democratic, the fight against corruption, sustainable development, the

illegal migration, the combating of terrorism and the global drug problem,

including its chemical precursors, money laundering and all

the aspects of the trafficking of small arms and light weapons. The dialogue must

provide also a basis for the adoption of initiatives and support the

efforts aimed at developing initiatives, notably of cooperation,

and actions throughout Latin America.

3. The Parties further agree that the political dialogue should allow a

ample exchange of information and constitute a forum for the adoption of

joint initiatives at the international level.

ARTICLE 4.

Mechanisms

The Parties agree that the political dialogue shall take place:

(a) At the level of Heads of State and Government, where appropriate and

upon agreement of both Parties;

(b) At the ministerial level;

(c) At the level of senior officials;

(d) At the level of services,

and take the largest possible party out of the diplomatic avenues.

ARTICLE 5.

Cooperation in foreign and security policy

The Parties shall, as far as possible, cooperate in matters of policy

external and security, to concerts their positions and to adopt initiatives

joint in the relevant international fora.

Title III

COOPERATION

ARTICLE 6.

Objectives

1. The Parties agree that the cooperation provided for in the Framework Agreement

of Cooperation of 1993 should be strengthened and extended to new domains.

Such cooperation shall focus in particular on the following objectives:

(a) Consolidation of peace and security;

(b) Promotion of political and social stability, by strengthening the

democratic governance and respect for human rights;

(c) Deepening the process of regional integration between the countries of

andina region, in order to contribute to its social development,

political and economic, including the development of their

productive capacities and the enhancement of their export capacity;

(d) Reduction of poverty, deepening of social and regional cohesion and

promotion of more equitable access to social services and the

benefits of economic growth, ensuring balance

appropriate among the economic, social and environmental components, in the

scope of a sustainable development model.

2. The Parties agree that the cooperation shall take into account the

cross-cutting aspects related to economic development and

social, particularly gender equality issues, respect for the

indigenous populations, the prevention and management of natural disasters, the

conservation and the protection of the environment and biodiversity, as well as

promote research and technological development. The integration

regional should also be considered a cross-sectional issue and in that

sense, the actions of cooperation at the national level must be compatible

with the process of regional integration.

3. The Parties agree to encourage the measures likely to

contribute to the process of regional integration of the Andean region and of

consolidate the inter-regional relations between the Parties.

ARTICLE 7.

Methodology

The Parties agree that the cooperation shall be realized through the

grant of technical assistance, the carrying out of studies, of programmes of

formation, exchange of information and specific knowledge,

of the organisation of meetings, seminars and research projects, of the

development of infrastructure, from the resource to new mechanisms

financial or any other forms agreed upon between the Parties to the

context of the cooperation, the objectives pursued and the resources

available, in accordance with the standards and regulations applicable to the

cooperation.

ARTICLE 8.

Cooperation on human rights, democracy and good governance

The Parties agree that the cooperation in this matter shall have by

objective to actively support governments and representatives of society

organized civil, particularly through actions in the following areas:

(a) Promotion of human rights, democratic process and good

governance, including the correct management of electoral processes;

(b) Strengthening the rule of law and effective and transparent management of the

public administration, including the fight against corruption at the level

local, regional and national;

(c) Warranty of independence and the effectiveness of the judiciary;

(d) Application and dissemination of the Andean Charter for Promotion and the

Protection of Human Rights.

ARTICLE 9.

Cooperation on conflict prevention

1. The Parties agree on what cooperation in this matter shall have by

objective to promote and support a global policy for peace, which behold

the prevention and resolution of conflicts. Such a policy should rest on us

principles of commitment and participation of society and privileging the

regional, sub-regional and national development capacities. That one

policy should also seek to ensure equal opportunities

political, economic, social and cultural issues to all strata of society,

strengthen democratic legitimacy, promote social cohesion and management

effective of public administration, create effective mechanisms for the

peaceful conciliation of the interests of the various groups and promote the

emergence of an active and organised civil society.

2. Cooperation activities may include, inter alia, support

to processes of mediation, negotiation and reconciliation, the regional management of

shared natural resources, disarmament, demobilization and

social reinsertion of the former members of the illegal armed groups,

initiatives relating to child soldiers (as defined in the Convention

of the United Nations on the Rights of the Child), measures to fight against the

anti-personnel mines, training programmes on the issue of controls

border, as well as the promotion of the application and dissemination of the

Commitment of Lima (Andean Charter for Peace and Security Limitation and

Control of Expenditure On External Defence).

3. Parties shall also cooperate in the prevention and combat of the

illegal trade in small arms and light weapons, in order to

developing the coordination of actions aimed at intensifying the

legal and institutional cooperation, as well as the collection and destruction of the

small arms and small arms illegal, in the possession of civilians.

ARTICLE 10.

Cooperation on modernization of the State and the administration

public

1. The Parties agree that the cooperation in this matter shall have by

objective the modernization and professionalization of public administration

of the Andean countries, including support for the decentralization process and

restructuring resulting from the Andean integration process. In a way

general, the aim is to improve the organisational effectiveness, ensure the

transparency of the management of public resources and accountability, well

how to improve the legal and institutional framework, based on the best

practices of both Parties and taking advantage of the experience gained in the

development of policies and instruments in the European Union.

2. Such cooperation may contemplate, inter alia, programmes

intended to strengthen capacities in the definition and execution of

policies (provision of public services, drafting and implementation of the

budget, prevention and fight against corruption and participation of society

organized civil services) and the strengthening of judicial systems.

ARTICLE 11.

Cooperation on regional integration

1. The Parties agree that the cooperation in this matter shall have by

objective to consolidate the process of integration of the Andean Community, in

special the development and realization of its common market.

2. Cooperation should support the development and enhancement of

common institutions of the member countries of the Andean Community and

promote closer relations between the institutions concerned. That one

cooperation should streamline the institutional exchange on issues of

integration, enlargement and deepening of the reflection in the following

domains: analysis and promotion of integration, publications, post-studies

-graduation in integration, scholarships and internships.

3. Cooperation should also promote the definition of policies

common and the harmonisation of the legal framework, including policies

sectoral in trade, customs, energy, transport,

communications, environment and competition, as well as the coordination of the

macro-economic policies in areas such as monetary policy, the

budget policy and public finances.

4. More concretely, cooperation may contemplate, inter alia

through the provision of technical assistance related to the trade:

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

(b) The reduction and elimination of obstacles to the development of the

intra-regional trade exchanges;

(c) The simplification, modernization, harmonisation and integration of the

customs and transit regimes, as well as providing support in

matter of development of legislation, standards and training

professional; and

(d) The creation of an intra-regional common market that will behold free

movement of goods, services, capital and people, as well as the

complementary measures necessary to ensure its full

implementation.

5. The Parties further agree that the Andean policies in respect of

integration and border development constitute a crucial element

for the strengthening and consolidation of the regional integration process and sub-

-regional.

ARTIGO12.

Regional cooperation

The Parties agree to use all instruments of cooperation

existing to promote initiatives aimed at establishing a

active and reciprocal cooperation between the European Union and the Community

Andina, as well as between the Andean countries and the other countries or regions of the

Latin America and the Caribbean, in areas such as the promotion of exchanges

commercials and investments, the environment, prevention and management of the

natural disasters, research, energy, transport, infra-

-communication structures, regional development and planning

territory.

ARTICLE 13.

Commercial cooperation

In the face of the common goal of creating the necessary conditions for which,

on the basis of the results of the Doha work programme, they can come to

negotiate a viable and reciprocally advantageous association agreement,

including a free trade agreement, the Parties agree that the

trade cooperation should promote the development of capacities

of the Andean countries to ensure an increase in their competitiveness, which

enable them to take a greater share of the European market and the economy

world.

Given this objective, technical assistance in commercial matters shall

include initiatives for facilitation of trade and issues

customs (notably the procedural simplification, modernization of the

customs administrations and the training of officials), of standards

techniques, of sanitary and phytosanitary measures, of property rights

intellectual, investment, services, award of contracts

public, from mechanisms for conflict resolution, etc. It should still

promote to the maximum the development and diversification of exchanges

intra-regional business as well as the active participation of the region

andina in the multilateral trade negotiations within the framework of the Organization

World of Commerce.

Related technical assistance in commercial matters shall promote

equally the identification and elimination of obstacles to the

development of trade exchanges.

Cooperation in this area may still be aimed at promoting and

support, in particular, the following activities:

-initiatives to promote trade exchanges, including exchanges

appropriate between companies of both Parties;

-commercial missions;

-market analyses;

-studies on the possibility of adapting local production to demand

existing in the external markets.

ARTICLE 14.

Cooperation on services

The Parties agree to intensify their cooperation in relation to

services, under the standards of the General Agreement on Trade in

Services (GATS), in order to take into account its growing importance for the

development and the diversification of their economies. The deepening

of the cooperation between the Parties is aimed at improving competitiveness

of the Andean Community services sector and facilitate its participation

in the world trade in services, in a manner compatible with the

sustainable development. The Parties shall determine the sectors of the

services in which you will focus on cooperation. The initiatives to be adopted

shall aim to, specifically, develop the framework

regulate and facilitate access to sources of funding and to

technologies.

ARTICLE 15.

Cooperation on intellectual property

The Parties agree that the cooperation in this matter shall have by

objective the promotion of investment, the transfer of technologies, the

dissemination of information, the realization of cultural and creative initiatives and

of other related economic activities, as well as facilitation of the

access and the sharing of benefits. Both Parties undertake to

ensure, in the context of their respective legislations, regulations and

policies, adequate and effective protection of property rights

intellectual, in accordance with the highest international standards.

ARTICLE 16.

Cooperation in the procurement of public procurement

The Parties agree that cooperation in this matter shall promote

reciprocal, open, non-discriminatory and transparent procedures in the

that refers to the award of public procurement at all levels of the

public administration.

ARTICLE 17.

Cooperation in competition policy

The Parties agree that the cooperation in relation to the policy of the

competition should be aimed at fostering adoption and application

effective competition standards, as well as the disclosure of

information that promotes transparency and legal certainty in

relation to the companies operating in the Andean Community market.

ARTICLE 18.

Customs cooperation

1. The Parties agree that the cooperation in this matter shall have by

objective to ensure the respect of the provisions of the World Organisation of the

Trade in commercial and sustainable development, thus

as the harmonisation of the customs regimes of both Parties, in order to

facilitate their trade.

2. Cooperation may include:

(a) The simplification and harmonisation of import documents and

export, on the basis of international standards, including the

use of simplified declarations;

(b) The improvement of customs procedures, by means of methods such as

risk assessment, simplified import procedures and

introduction into free practice of the goods, the granting of the statute

of authorised operator or the recourse to the electronic exchange of

data and to automated systems;

(c) The adoption of measures to improve transparency and the

resources against the decisions of the customs authorities;

(d) The creation of periodical consultation mechanisms of the operators

commercial with respect to regulation and procedures in

import and export matter.

3. The Parties agree to study the possibility of celebrating a

protocol for mutual assistance in customs matters, in the framework

institutional established by this Agreement.

ARTICLE 19.

Cooperation in technical regulation and evaluation of the

compliance

1. The Parties agree that cooperation on standards,

technical regulation and conformity assessment is an objective

crucial for the development of trade, in particular of the

intra-regional trade.

2. Cooperation between the Parties shall promote initiatives in respect of

from:

(a) Cooperation in respect of regulation;

(b) Alignment of technical regulation by European standards and

international, and

(c) Creation of a regional notification system and a network of bodies of

assessment of compliance that works on a non-discriminatory basis, well

as a promotion of the use of accreditation.

3. In practice, such cooperation shall:

(a) Present technical and organizational assistance to the creation of networks and bodies

regional and strengthen policy coordination in order to ensure the adoption of

a common approach with respect to the use of international standards and

regional, as well as technical regulations and evaluation procedures

of compliance;

(b) Encouraging the adoption of measures to mitigate existing differences

between the Parties to conformity assessment and standardization,

in particular the exchange of information in respect of standardization,

conformity assessment and approval; and

(c) Encouraging the adoption of measures to increase the

compatibility of the respective systems in the domains

mentioned above, including transparency, good practices

normative and the promotion of quality standards for products and

business practices.

ARTICLE 20.

Industrial cooperation

1. The Parties agree that industrial cooperation shall promote the

modernization and the restructuring of certain sectors of industry

andina, as well as industrial cooperation between economic agents, with

the objective of strengthening the private sector, under conditions that ensure the

protection of the environment.

2. Industrial cooperation initiatives must take into account the

priorities defined by the Parties. Such initiatives must take into account the

regional aspects of industrial development, promoting, whenever

appropriate, the creation of transnational partnerships. These initiatives must

seek to establish a suitable framework that allows for improvement

from the know-how on management and the promotion of transparency in what

respects the markets and the conditions under which the companies exercise their

activities.

ARTICLE 21.

Cooperation on the development of small and medium

companies and micro-enterprises

The Parties agree to promote the creation of conditions favourable to the

development of small and medium-sized enterprises and micro-enterprises,

particularly:

(a) Promoting the establishment of contacts between agents

economic and encouraging the realization of joint investments and

the creation of joint ventures and networks of information, through the

existing horizontal programmes;

(b) Facilitating access to financing, making information available and

promoting innovation.

(c) Facilitating the transfer of technologies;

(d) Studying and identifying the marketing circuits.

ARTICLE 22.

Cooperation in agriculture, forestry and rural development

The Parties agree to promote mutual cooperation on the matter of

agriculture, forestry and rural development in order to promote the

diversification, the adoption of environmentally sound practices, as well as a

sustainable economic and social development and food security.

For this purpose, the Parties may consider:

(a) Measures aimed at improving the quality of agricultural products, the

capacity building and the transfer of technologies, as well as

measures to support associations of producers and activities of

commercial promotion;

(b) Sanitary, veterinary and phytosanitary and related measures, having in

account for legislation in force in both Parties and the respective

international obligations, particularly those arising from the standards

of the World Trade Organization and multilateral agreements in the

domain of the environment;

(c) Measures relating to economic and social development

sustainable from rural areas, including the adoption of practices

environmentally sound, forestry, research, access to

agricultural land, sustainable rural development and security

feed;

(d) Measures relating to the preservation and promotion of the

traditional activities based on the own identity of populations

and of the rural communities, namely the exchange of

experiences and partnerships and the development of joint ventures

and of networks of cooperation between local actors or operators

economic.

ARTICLE 23.

Cooperation in fisheries and aquaculture

The Parties agree to develop economic and technical cooperation in

fisheries and aquaculture, in particular with respect to exploitation

sustainable, management and conservation of fisheries resources and evaluation

of the environmental impact. Such cooperation should also cover aspects

as the processing industry and the facilitation of trade-offs. The

cooperation in the fisheries sector could lead to the conclusion of agreements of

bilateral fishing between the Parties or between the European Community and one or

more member countries of the Andean Community and / or the conclusion of agreements

of multilateral fishing between the Parties.

ARTICLE 24.

Cooperation in mining

The Parties agree that the cooperation in this matter must take into account the

aspects related to the conservation of the environment and should focus

not least in the following measures:

(a) Promotion of the participation of companies of both Parties in

activities of prospecting, exploitation and sustainable use of the

mineral products, according to their respective legislations;

(b) Promotion of the exchange of information, experiences and technologies

relating to prospecting and mining;

(c) Promotion of the exchange of experts and implementation of joint actions

of research, in order to increase opportunities for

technological development;

(d) Development of initiatives to promote investments in this

sector;

(e) Elaboration of measures to ensure the protection of the

environment and the ecological responsibility of companies in this sector.

ARTICLE 25.

Cooperation on energy

1. The Parties agree that their common purpose shall be

promote cooperation in the field of energy, by consolidation

of its economic relations in key sectors such as energy

hydroelectric, oil and gas, renewable energy, technologies

energy-saving energy, rural electrification and regional integration

of the energy markets, taking into consideration that the Andean countries already

are developing electric interconnection projects.

2. This cooperation shall cover, inter alia:

(a) Energy policy issues, including the interconnection of the infra-

-structures of regional importance, the improvement and diversification of

offer and the improvement of access to energy markets,

notably the facilitation of transit, transport and

distribution;

(b) Management and training in the energy sector, as well as transfer of

technologies and of know-how ;

(c) Promotion of energy saving, energy efficiency and the

renewable energy, as well as the study of the environmental impact of the

production and consumption of energy;

(d) Initiatives of cooperation between companies in the sector.

ARTICLE 26.

Cooperation in transport

1. The Parties agree that cooperation in this matter shall be

focus on the restructuring and modernization of systems and infrastructure

of transport, in the improvement of the carriage of passengers and goods and

in facilitating access to urban, air transport markets,

seafarers, by inland waterways, rail and road,

through the improvement of its management methods from the point of view

operational and administrative and the adoption of rigorous standards of

health.

2. Cooperation may cover:

(a) Exchange of information on the policies adopted by the Parties,

particularly with respect to urban transport and the

interconnection and interoperability of multimodal transport networks,

as well as other issues of common interest;

(b) Management of inland waterways, of the roads, of the walkways

-iron, ports and airports, including appropriate collaboration

between the competent authorities;

(c) Transfer projects of European technologies concerning the

Global Navigation System by Satellite and Transport Centres

urban public;

(d) Improvement of safety and pollution prevention standards,

including cooperation in the framework of international fora

appropriate, with a view to improving the application of standards

international.

ARTICLE 27.

Cooperation in relation to information society, technologies of the

information and telecommunications

1. The Parties agree that the information technologies and the

communications constitute crucial sectors of modern society and

assume vital importance for economic development and

social and to ensure a smooth transition to the society of the

information. Cooperation in this matter should contribute to reducing the

digital gap and provide an equitable access to the technologies of the

information, in particular in the less developed regions.

2. In this context, the cooperation shall promote:

(a) The dialogue on all aspects of the information society;

(b) The dialogue on the political and regulatory aspects of technologies

of information and communication, including the standards in force;

(c) The exchange of information relating to standardization, to

assessment of compliance and type-approval;

(d) The dissemination of new information and communication technologies

and the exchange of information on new progress

technological;

(e) Joint research projects on the technologies of the

information and communication, as well as pilot projects in matter

of applications of the information society;

(f) The interconnection and interintership between networks and services

telematics;

(g) reciprocal access to databases, respecting legislation

national and international in the field of copyright;

(h) The exchange and training of specialists;

(i) The computerization of public administration ( e-Government ).

ARTICLE 28.

Cooperation in the audiovisual sector

The Parties agree to promote cooperation in the audiovisual sector and

of social communication in general, by joint initiatives in matter

of training and audiovisual development and activities of

production and distribution. Cooperation should abide by the provisions

relevant national copyright and agreements

international.

ARTICLE 29.

Cooperation on tourism

The Parties agree that the cooperation in this matter shall have by

objective:

(a) Determine best practices to ensure development

balanced and sustainable tourism in the Andean region;

(b) Improving the quality of services provided to visitors;

(c) Promoting public awareness of the economic importance and

Social tourism with a view to the development of the Andean region;

(d) Promote and develop ecotourism;

(e) Promoting the adoption of common policies on tourism in the

scope of the Andean Community.

ARTICLE 30.

Cooperation between financial institutions

The Parties agree to promote cooperation between financial institutions

national and regional, depending on their needs and in the framework of

respective programs and legislations.

ARTICLE 31.

Cooperation in the promotion of investments

1. The Parties agree to promote, within the framework of their respective

competences, conditions of stability favourable to the realization of

reciprocal investments.

2. The cooperation covers, inter alia:

(a) The creation and development of mechanisms for exchange and

dissemination of information on legislations and opportunities in

investment matter;

(b) The definition of a legal framework favourable to the achievement of

investments in both Parties, through the celebration, by the

respective Member States, of bilateral promotion agreements and

protection of investments, as well as agreements designed to prevent

the double taxation;

(c) Development of harmonized administrative procedures and

simplified;

(d) Creation of mechanisms of joint ventures.

ARTICLE 32.

Macroeconomic dialogue

1. The Parties agree that the cooperation in this matter shall have by

objective to promote the exchange of information about its policies and

macro-economic trends as well as the sharing of experiences in

coordination matter of macroeconomic policies within the framework of a

common market.

2. Parties should also seek to deepen the dialogue between the

respective authorities in macro-economic matters, notably in the

Respect for monetary and fiscal policy, public finances, debt

external and macro-economic stabilization.

ARTICLE 33.

Cooperation in relation to statistics

1. The Parties agree that the main purpose shall be to

harmonization of statistical methods and programmes in order to allow the

reciprocal use of the respective statistics relating to the trade in

goods and services and, generally, to any other field covered

by this Agreement, in respect of which they may be established

statistics.

2. Such cooperation may contemplate, inter alia: exchanges

technicians among the statistics institutes of the Andean Community, of the

Member States of the European Union and Eurostat; definition of methods

common for the collection, analysis and interpretation of data; organization of

seminars, working groups or training programmes in the field

statistical.

ARTICLE 34.

Cooperation on consumer protection

1. The Parties agree that the cooperation in this matter shall have by

objective to make the consumer protection systems of both

Compatible parts.

2. Such cooperation may involve, as far as possible:

(a) The greatest compatibility of the legislations in protection of the

consumer, in order to avoid obstacles to trade exchanges,

ensuring at the same time a high level of protection of the

consumers;

(b) The establishment and development of exchange systems

Reciprocal of information, such as early warning systems, in relation

food for human and animal consumption that constitute a

risk to public and veterinary health;

(c) The strengthening of the capacities for the implementation of sanitary measures and

phytosanitary intended to facilitate market access and to ensure

an appropriate degree of health protection on a transparent basis,

non-discriminatory and predictable;

(d) The promotion of cooperation and exchange of information between

consumer associations;

(e) The provision of support to the " Andino Working Group for the

Participation of the Civil Society in the Defence of the Rights of the

Consumer ".

ARTICLE 35.

Cooperation in relation to data protection

1. The Parties agree to promote a high level of protection in the

processing of personal and other data, according to the highest

international standards.

2. The Parties shall also agree to cooperate in order to improve the

level of protection of personal data and remove the obstacles to your

free movement between the Parties, resulting from insufficient protection

of this data.

ARTICLE 36.

Scientific and technological cooperation

1. The Parties agree that scientific and technological cooperation shall

be carried out in the mutual interest of both and in accordance with their respective

policies, in particular with regard to the standards in force in respect of

intellectual property resulting from research activities, and will have by

objective:

(a) To contribute to the development of science and technology in the

andine region;

(b) Exchange experiments and information in the scientific fields and

technological at the regional level, particularly with regard to the

implementation of the various policies and programmes;

(c) Promoting the qualification of human resources and the establishment of

an appropriate institutional framework for research and the

development;

(d) Promoting the relations between the scientific communities of the Parties and the

implementation of joint scientific research projects and

technological;

(e) Encouraging the participation of the business sector of both Parties to the

scientific and technological cooperation, notably in the promotion of

innovation;

(f) Promoting innovation and the transfer of technologies between the Parties,

particularly in the field of electronic public administration ( and-

-government ) and of use of less polluting technologies.

2. The participation of educational establishments should be encouraged

superior, research centres and productive sectors,

notably small and medium-sized enterprises, of both Parties.

3. The Parties agree to promote scientific cooperation and

technology among universities, research centres and sectors

productive of both regions, notably through the granting of

scholarships and the organisation of the exchange of students and

high level specialists.

4. The Parties shall also agree to promote the participation of the

andine countries in the technological and development programmes of the

European Community, in accordance with the Community provisions that

regulates the participation of legal entities from third countries.

ARTICLE 37.

Cooperation in teaching and training

1. The Parties agree that the cooperation in this matter shall have by

objective to improve teaching and vocational training. For the purpose, it must be

paid particular attention to the access of young people, women and people

elderly in teaching, particularly technical courses, higher education and the

vocational training, as well as, in this context, compliance with the

Millennium Development Goits.

2. The Parties agree to deepen their cooperation in the field of

teaching and vocational training, as well as the cooperation between the

universities and companies, in order to increase the degree of specialization of the

your top frames.

3. The Parties shall also agree to pay particular attention to the

centralised initiatives and horizontal programmes (ALFA, ALBAN)

likely to create permanent linkages between specialized bodies

of both Parties, thus favouring the sharing and exchange of

experiments and technical resources.

4 A cooperation in this area can also support the Action Plan

for the Teaching Sector in the Andean countries, which contemplates, among others

programmes, the harmonisation of Andean educational systems and the creation of

a system of information on teaching statistics and teaching

intercultural.

ARTICLE 38.

Cooperation on environment and biodiversity

1. The Parties agree that the cooperation in this matter shall have by

purpose for protection and

the conservation of the environment in order to ensure development

sustainable. For this purpose, the relationship between poverty is considered to be important

and the environment, as well as the environmental impact of economic activities.

This cooperation should also promote ratification and support for

implementation of multilateral agreements on the environment and others

international agreements concluded in areas such as amendments

climate, biodiversity, desertification and the management of products

chemists.

2. This cooperation shall privilege, inter alia, the following

activities:

(a) Prevention of degradation of the environment;

(b) Promotion of conservation and sustainable management of resources

natural (including biodiversity, mountain ecosystems and

the genetic resources), taking into account the Regional Strategy of

Biodiversity for the Tropical Andina Region;

(c) Interchange of information and experience in relation to

environmental legislation and in relation to environmental problems

common to both Parties;

(d) Strengthening environmental management in all sectors and at all levels

of government;

(e) Promotion of environmental education, capacity building and reinforcement of the

participation of citizens, as well as the implementation of programs

research sets at the regional level;

(f) Protection and development of knowledge and practices

traditional related to the sustainable exploitation of resources

of biodiversity.

ARTICLE 39.

Cooperation on natural disasters

The Parties agree that the cooperation in this matter shall have by

objective to reduce the vulnerability of the Andean region relatively to the

natural disasters, by strengthening regional planning and

prevention capacities, the harmonisation of the legal framework and improvement

of institutional coordination.

ARTICLE 40.

Cooperation in culture and conservation of cultural heritage

1. The Parties agree to deepen cooperation in this matter, thus

how cultural ties and contacts between the cultural actors of both

regions.

2. This cooperation shall be aimed at promoting cultural cooperation

between the Parties, taking into consideration and favoring the establishment of

synergies with the bilateral initiatives of Member States of the Union

European.

3. This cooperation shall comply with the relevant national provisions

on copyright, as well as international agreements.

4. This cooperation may cover all cultural aspects,

particularly:

(a) The translation of literary works;

(b) The conservation, restoration and revitalization of national heritage;

(c) The organization of cultural events, notably art exhibitions

and craftsmanship, music, dance, theatre, as well as the exchange of

artists and professionals from the world of culture;

(d) The promotion of cultural diversity;

(e) The exchange of young people;

(f) The development of cultural industries;

(g) The conservation of cultural heritage;

(h) The prevention and the fight against the illicit trade in heritage goods

cultural, in accordance with the international conventions celebrated by

both Parties.

ARTICLE 41.

Cooperation on health

1. The Parties agree to cooperate in the health sector with the aim

to support the realization of sectoral reforms that contribute to ensuring

an equitable access to health services and the targeting of these for

the poorest sections of the population, as well as the creation of

equitable financing mechanisms that facilitate the access of the

poorer populations to health services.

2. Parties agree that primary prevention implies that they are

also taken into account other sectors, such as education, water

and sanitation. In that context, the Parties intend to establish and

deepen partnerships that do not limit themselves to the health sector, in order to

ensure the achievement of the Millennium Development Goals,

particularly with respect to the fight against AIDS, malaria and the

tuberculosis, according to the applicable standards of the World Organisation of the

Trade. It also matters to establish partnerships with civil society,

nongovernmental organizations and the private sector in order to address the

issues in sexual and reproductive health and related rights,

notably ensuring gender equality and raising awareness of the

young people for the risks of sexually transmitted diseases and the

unwanted pregnancies.

3. The Parties further agree to cooperate in the field of the infra-

-basic structures, in particular with regard to systems of

water supply and sewerage.

ARTICLE 42.

Social cooperation

1. Parties agree to cooperate in order to promote participation

of the social partners in the dialogue on living and working conditions, the

social protection and integration in society.

2. This cooperation shall contribute to the proceedings of concertation

political, economic and social aimed at promoting global development

in the context of poverty reduction and job creation strategies.

3. The Parties emphasize the importance of social development, which

must keep up with economic development and agree to give

priority to the promotion of principles and fundamental labour rights

set out in the conventions of the International Labour Organization, the

called core labour standards.

4. The Parties agree that cooperation in this matter shall have on

account for the implementation of the Andina Social Agenda, centred on two pillars

key: the Andean common market and the creation of mechanisms

intended to strengthen regional cohesion and the fight against poverty.

5. Parties may cooperate in any areas of common interest in the

above-mentioned subjects.

6. The measures shall be coordinated with the measures of the States-

-Members of the European Union and of the relevant international organizations.

7. Where appropriate and in accordance with the respective procedures,

the Parties may conduct this dialogue in coordination with the Committee

Economic and Social and with the homologous institution of the Andean Community,

respectively.

ARTICLE 43.

Participation of civil society organized in cooperation

1. Parties recognize the role and potential contribution of society

organized civil for the process of cooperation and agree to promote

a dialogue with that same society and the actual participation of this.

2. Subject to the legal and administrative provisions of each Party,

organized civil society can:

(a) To be associated with the decision-making process at the national level,

under democratic principles;

(b) Be informed and participate in the process of consultation on policies

sectoral and development and cooperation strategies, in

special with regard to the issues concerning you,

in particular at any stage of the development process;

(c) Benefit from financial resources, to the extent permitted by

by the internal standards of the Parties, as well as in support of the strengthening of the

capacities in critical sectors;

(d) Participate in the implementation of the cooperation programmes in fields

that concern you.

ARTICLE 44.

Cooperation on the equality of sexes

The Parties agree that cooperation in this matter shall contribute to

the enhancement of policies and programmes aimed at ensuring, improving and

broaden the equitable participation of men and women in all

fields of political, economic, social and cultural life, including, when

necessary, through the adoption of measures of positive discrimination in

favour of women. This cooperation shall also contribute to

facilitate women's access to the resources required for full exercise

of their fundamental rights.

ARTICLE 45.

Cooperation in relation to indigenous populations

1. The Parties agree that cooperation in this matter shall

contribute to the creation and development of partnerships with the

Indigenous Peoples, with a view to pursuing the objectives of the

eradication of poverty, sustainable exploitation of natural resources and

of respect for human rights and democracy.

2. The Parties shall also agree to cooperate in the promotion of the

adequate protection of traditional knowledge, innovation and

practices of Indigenous and local communities that represent styles of

traditional life relevant for conservation and sustainable use

of biodiversity, as well as the fair and equitable allocation of benefits

of these traditional knowledge.

3. In addition to the need to systematically take into account the

situation of indigenous communities at all levels of the cooperation for the

development, the Parties should seek to integrate the specificity of these

populations in the definition of policies, as well as strengthening capacities

of the organizations that represent them, so as to increase the effects

positive from development cooperation in these same

populations.

4. Cooperation in this matter may contemplate still support for

representative organizations of Indigenous populations, such as the Group of

Work on the Rights of Indigenous Peoples, which is an instance

advisory within the framework of the Andino Integration System.

ARTICLE 46.

Cooperation in relation to displaced and uprooted populations

and to the former members of illegal armed groups

1. The Parties agree that cooperation in favour of the populations

displaced and uprooted and from the former members of armed groups

illegal must contribute to meet their basic needs during

the period between the cessation of humanitarian aid and adoption

of a long-term solution to address the issue of its status.

2. Such cooperation may contemplate, inter alia, the following

activities:

(a) Self-sufficiency and reinsertion in the socio-economic fabric of the

displaced and uprooted populations and the former members of

illegal armed groups;

(b) Supporting the local host communities and the return areas,

so as to facilitate the acceptance and integration of populations

displaced and uprooted and from the former members of armed groups

illegal;

(c) Supporting the voluntary return of these populations, as well as their

installation in the respective countries of origin or in third countries, if

the conditions allow it;

(d) Interventions aimed at helping people to recover their

property and property rights, as well as provide support for the resolution

judicial of the cases of human rights violations against the

populations concerned;

(e) Strengthening the institutional capacities of the countries they face with

problems of this kind.

ARTICLE 47.

Cooperation in relation to the fight against illicit drugs

and associated organized crime associated

1. On the basis of the principle of co-responsibilities and the end of

complement the work of the High Level Specialized Dialogue on the

Drug between the European Union and the Andean Community, as well as the

Joint Monitoring Group of the Agreements on precursors and

chemical substances used frequently in the illicit manufacture of

narcotic drugs or psychotropic substances, the Parties agree that the

cooperation in this matter shall be aimed at ensuring coordination and

the intensification of joint initiatives on prevention and

containment of the chain that is at the root of the global drug problem

illicit. The Parties also agree to fight crime

organized related to drug trafficking, notably through the

international organizations and instances. The Parties further agree on

turn to the effect of the Coordinating Mechanism and Cooperation in

Drug Matter between the European Union, Latin America and the Caribbean.

2. The Parties shall cooperate in this matter, in particular, in order to

perform:

(a) Drug use prevention programmes;

(b) Projects for training, education, treatment and rehabilitation of

addictions;

(c) Projects that favour the harmonisation of legislations and

initiatives of the Andean countries in this matter;

(d) Joint research programmes;

(e) effective measures and actions of cooperation aimed at encouraging and

consolidate development alternatives and the participation of the

communities concerned;

(f) Measures for the prevention of new illicit crops and their transfer

for environmentally fragile regions or for areas not yet affected

by this problem;

(g) effective measures to prevent the diversion of precursors and the

ensure the control of the trade of these products,

equivalent to those adopted by the European Community and the

competent international instances, according to the signed Agreements

on December 18, 1995, between the European Community and the

different Andean countries, relative to precursors and substances

chemical frequently used in the illicit manufacture of

narcotic drugs or psychotropic substances.

(h) Strengthening measures to control the trafficking of arms, ammunition and

explosives.

ARTICLE 48.

Cooperation in the fight against money laundering and the

related crime

1. The Parties agree to cooperate in order to prevent the use of the

respective financial systems for money laundering

from criminal activities in general and from drug trafficking in

particular.

2. Cooperation in this matter shall contemplate technical assistance and

administrative, with a view to the adoption and application of the regulations and the

effective operation of appropriate standards and mechanisms. That one

cooperation shall, in particular, allow the exchange of the information

relevant and the adoption of appropriate standards in the field of fight against the

money laundering, equivalent to those adopted by the Community

European and the competent international bodies, specifically the

International Financial Action Group (GAFI). The cooperation at the level

regional should also be promoted.

ARTICLE 49.

Cooperation on migration

1. The Parties reiterates the importance of joint management of flows

migratory between the respective territories. In order to strengthen cooperation,

the Parties shall institute a broad dialogue on all matters

related to migration, including illegal migration, transportation

clandestine and human trafficking, as well as flows of

refugees and the inclusion of migratory issues in national strategies

of economic and social development of the regions of origin of the

migrants, while taking into account historical and cultural ties

between both regions.

2. Cooperation should be based on the assessment of needs

specific carried out within the framework of a reciprocal consultation of the parties and

be carried out in accordance with the current and national laws in force. The

cooperation should privilege the following aspects:

(a) Deep Causes of migration;

(b) Development and implementation of national legislation and practices

relating to international protection, with a view to satisfying the

provisions of the Geneva Convention of 1951 on the Status of

Refugees and the Protocol of 1967, as well as other instruments

relevant international, in order to respect the principle of the " non-

-refoulement ";

(c) Rules on admission, as well as the rights and status of the

admitted persons, an equitable treatment and the integration of

legal residents in the society, education and training of migrants

legal and measures against racism and xenophobia;

(d) Application of effective and preventive policy against immigration

illegal, the clandestine transport of migrants and the trafficking of beings

humans, including the forms of combat to the networks of passers and

traffickers and the protection of the victims of that trafficking;

(e) Return, in humane and digni-like conditions, of illegal residents and the

its readmission, pursuant to paragraph 3;

(f) The issue of visas in matters deemed to be of reciprocal interest,

as the visas granted to people travelling for reasons of

commercial, academic or cultural character;

(g) The issue of border controls, in matters concerning the

organization, training, best practices and other measures

applied operational on the ground, as well as, where relevant,

the supply of equipment.

3. Within the framework of cooperation for the prevention and control of immigration

illegal, the Parties also agree to readmit their migrants

illegal. For the purpose of:

-Andean countries accept to readmit their nationals illegally

present in the territory of a Member State of the European Union, the

request of the latter and without any other formalities,

providing them with the appropriate identity documents and

granting them the necessary administrative facilities for the

effect; and

-Member States of the European Union accept to readmit their nationals

illegally present in the territory of an Andean country, at the request of the latter and without

any other formalities, providing them with the identity documents

appropriate and by granting them the necessary administrative facilities for the

effect.

The Parties agree to celebrate, upon request and the most expeditily

possible, an agreement that regulates the specific obligations of the

Member States of the European Community and Andean countries in

matter of readmission. That agreement should also contemplate the issue

of the readmission of third country nationals and stateless persons.

For this purpose, the term "Parties" designates the European Community, any

one of its Member States and any Andean country.

ARTICLE 50.

Cooperation in the fight against terrorism

The Parties reaffirm the importance of the fight against terrorism and agree on

cooperate in order to prevent and eradicate terrorist acts, it said.

international conventions, the relevant resolutions of the United Nations and the

respective legislations and regulations. Such cooperation should be

carried out, namely:

(a) In the context of the full implementation of Council Resolution No. 1373

of Security of the United Nations and of the other resolutions, conventions

international and relevant instruments of the United Nations;

(b) Mediant the exchange of information about terrorist groups and

respective support networks, under national and international law;

and

(c) Mediant the exchange of opinions on the means and methods

used in the fight against terrorism, including in the technical fields

and training, as well as through the exchange of experiences in

matter for the prevention of terrorism.

Title IV

GENERAL AND FINAL PROVISIONS

ARTICLE 51.

Resources

1. In order to contribute to the pursuit of the objectives of cooperation

set out in this Agreement, the Parties undertake to make available

the appropriate resources, particularly financial, within the limits of the

their availabilities and through the respective procedures.

2. Parties shall adopt all necessary measures to promote and

facilitate the interventions of the European Investment Bank in the Community

Andina, according to the respective procedures and funding criteria and

their respective legislations and regulations, without prejudice to the skills

of its competent authorities.

3. The Andean Community and its member countries shall grant

facilities and guarantees to experts from the European Community, as well as the

exemption from import duties in the framework of cooperation activities,

second framework agreements between the European Community and each country

andino.

ARTICLE 52.

Institutional framework

1. The Parties agree to hold in office the Joint Committee set up in the

scope of the Agreement on Cooperation with the Andean Community of 1993 and

kept in operation by the 1993 Framework Cooperation Agreement. The

Joint Committee meets alternately in the European Union and the Community

Andina at the level of senior staff. The order of work of your

meetings is established of mutual agreement. The Committee shall adopt the provisions

relating to the periodicity of meetings, his presidency and other issues

that may come to arise, namely the eventual creation of subcommittees.

2. The Joint Committee is responsible for the overall application of the present

Agreement and debate also all issues that may affect the

economic relations between the Parties, including issues of character

sanitary and phytosanitary, particularly with the different countries of the

Andina community.

3. A Joint Advisory Committee is set up to support the Joint Committee in the

promotion of dialogue with the economic and social organizations of society

organized civil.

4. Parties shall encourage the European Parliament and Parliament

Andino to create, in the framework of this Agreement, an Inter-Parliamentary Committee,

in accordance with previous practices.

ARTICLE 53.

Definition of Parties

Without prejudice to the provisions of Article 49 and for the purposes of this Agreement, the

expression "Parties" means, on the one hand, the Community, its States-

-Members, or the Community and its Member States, in the framework of

their respective competences and in the terms of the Treaty establishing the Community

European, and, on the other, the Andean Community, its member countries or the

Andina community and its member countries, within the framework of their respective

competencies. The Agreement shall also apply to the measures adopted by the

central, regional or local authorities in the territory of the Parties.

ARTICLE 54.

Entry into force

1. The present Agreement shall enter into force on the first day of the following month

to the one in which the Parties have proceeded to the reciprocal notification of the

fulfillment of the necessary formalities for the purpose.

2. Such notifications shall be sent to the Secretary-General of the

Council of the European Union and the Secretary General of the Andean Community,

who shall be the custodians of this Agreement.

3. As of the date of its entry into force pursuant to paragraph 1, the

this Agreement replaces the 1993 Cooperation Framework Agreement and the

Common Declaration of Rome of 1996, concerning political dialogue.

ARTICLE 55.

Duration

1. The present agreement shall have unlimited duration.

2. Any of the Parties may denounce the present Agreement by

written notification of the other Party.

3. The complaint shall take effect six months from the date of the notification

of the other Party.

ARTICLE 56.

Fulfillment of obligations

1. Parties shall adopt all general or specific measures

necessary for the fulfillment of the obligations that for them arise from the

this Agreement and shall ensure the fulfilment of the objectives therein

fixed.

2. If one of the Parties considers that the other Party has not complied

obligations arising from this Agreement, may adopt the measures

suitable. Before doing so, it should report to the Joint Committee on the deadline

of 30 days, all the information required for an in-depth analysis

of the situation, in order to find an acceptable solution for both of these

Parts.

They should be chosen as a matter of priority the measures that least disrupt the

operation of this Agreement. The Joint Committee must be

immediately notified of such measures which, at the request of the other Party,

will be the subject of consultations within that body.

3. By way of derogation from paragraph 2, any of the Parties may adopt

immediately the appropriate measures, pursuant to international law,

in case of:

(a) Denpronunciation of the Agreement not sanctioned by the general rules of law

international;

(b) Violation by the other Part of the essential elements of the Agreement

set out in Article 1 (1).

The other Party may request the realization, within 15 days, of a

urgent meeting for the Parties to proceed jointly to an analysis

depth of the situation so as to find an acceptable solution by

both.

ARTICLE 57.

Evolutionary clause

1. Parties may, of mutual agreement and second to their respective

legislations, decide to extend the scope of the Agreement, in order to

deepen and complement, upon the conclusion of agreements concerning

activities or specific sectors, taking into account the experience

acquired with its application.

2. As for the application of this Agreement, any of the Parties may,

in function of the experience gained from its application, to present

suggestions to expand the scope of cooperation in any fields.

3. No opportunities for cooperation should be excluded a priori . The

Parties may jointly review, within the Joint Committee, the

concrete possibilities for cooperation in their mutual interest.

ARTICLE 58.

Protection of data

The Parties agree to ensure the protection of personal data in all

the areas in which you proceed to your exchange.

The Parties agree to ensure a high degree of protection to the

treatment of personal or other type data, compatible with the most

high international standards.

ARTICLE 59.

Territorial application

This Agreement shall apply, on the one hand, to the territories in which it is

applicable the Treaty establishing the European Community, on its own

terms, and, on the other, to the territories of the Andean Community and its

member countries, Republics of Bolivia, Colombia, Ecuador, Peru and

Venezuela.

ARTICLE 60.

Authentic texts

This Agreement is drawn up in double copy in the German languages,

Danish, Spanish, Finnish, French, Greek, English, Italian,

Dutch, Portuguese and Swedish, all texts being equally authentic

all texts.

Hecho en Roma, el quince de diciembre del dos thousand tres.

Udfærdiget i Rom den femtends december to tusind og tre.

Geschehen zu Rom am fünfzehnten Dezember zweitausendunddrei.

Enhancing Εγινε στη Ρώμη, στις δέκα πέντε Δεκεμβρίου enhancing ο χο χιλιάδες τρία.

Done in Rome on the fifteenth day of December in the year two thousand

and three.

Fait à Rome, le fifteen décembre deux mille trois.

Fatto a Roma, addi ' quindici dicembre duemilatre.

Gedaan te Rome, de vijftiende december tweeduizenddrie.

Done in Rome, in fifteen December from two thousand and three.

Tehty Roomassa viidentenätoista päivänä joulukuuta vuonna

kaksituhattakolme.

Som skedde i Rom den femtonde december tjugohundratre.

ANNEX

UNILATERAL EU DECLARATIONS

STATEMENT BY THE COMMISSION AND THE COUNCIL OF THE UNION

EUROPEAN ON THE CLAUSE ON RETURN AND THE

READMISSION

OF ILLEGAL MIGRANTS (ARTICLE 49 °)

The provisions of Article 49 shall be without prejudice to the internal allocation of competences

between the Community and its Member States as regards the

celebration of readmission agreements.

STATEMENT BY THE COMMISSION AND THE COUNCIL OF THE UNION

EUROPEAN

ON THE CLAUSE ON THE DEFINITION OF PARTS

(ARTICLE 53)

The provisions of this Agreement covered by the scope of the

Title IV of Part Three of the Treaty establishing the European Community

binds the United Kingdom and Ireland as separate Contracting Parties

and not as part of the European Community, until the United Kingdom or the

Ireland (as the case) notifies the Andean Community Party of which

went on to be bound as part of the European Community, in the

terms of the Protocol on the position of the United Kingdom and of Ireland annexed to the

Treaty of the European Union and to the Treaty establishing the Community

European. The same shall apply to Denmark, under the Protocol

on the position of Denmark, annexed to the said Treaties.