Key Benefits:
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.