Cybersecurity and information and communication technologies
The Parties recognise the importance of the cooperation and the exchange of views in the field of cybersecurity, regarding the use of information and communication technologies (hereinafter referred to as "ICTs"), in the context of international peace and security, including on norms, rules and principles of responsible behaviour of States, the application of international law to the use of ICTs, and the development of confidence-building measures and capacity building.
ARTICLE 5.11
Cybercrime
1. The Parties recognise that cybercrime is becoming a widespread global problem requiring multilateral, regional and national responses. The Parties shall strengthen cooperation to prevent and combat cybercrime through the exchange of information and practical cooperation, in compliance with their respective legal frameworks and laws, and with applicable international instruments on cybercrime. The Parties shall endeavour to work together where appropriate in the development of effective laws, policies and practices to prevent and combat cybercrime wherever it occurs.
2. The Parties shall, as appropriate within their respective legal frameworks, exchange information including in the areas of education and training of cybercrime investigators, the conduct of cybercrime investigations and digital forensics.
CHAPTER 6
COOPERATION ON JUSTICE, FREEDOM AND SECURITY
ARTICLE 6.1
Migration and international protection of refugees
1. The Parties reaffirm the importance that they attach to dealing effectively with migration flows and agree to strengthen their cooperation on migration issues on the basis of the principle of national sovereignty, shared responsibility and related issues such as the potential economic, social and cultural contribution of migrants to countries of origin, transit and destination.
2. The Parties shall focus in particular on:
(a) the root causes of migration;
(b) facilitation of movement of their nationals between their territories in accordance with applicable law and respective competences;
(c) full respect for the human rights of all migrants and their families, as well as measures against racism and xenophobia;
(d) the mainstreaming of a gender perspective on migration;
(e) family reunification, in accordance with the applicable law, including international human rights law;
(f) the bi-regional cooperation for the prevention of and the fight against the smuggling of migrants and trafficking in persons, especially children and persons in vulnerable situations, including women at risk, and for the protection of victims, in accordance with the Convention against Transnational Organized Crime, adopted in New York on 15 November 2000, and its Additional Protocols on Trafficking in Persons and Smuggling of Migrants;
(g) regular exchanges of information on legislative and administrative measures applicable to migrants and experiences on migration issues;
(h) matters arising from the implementation of the relevant international instruments on the protection of refugees and asylum seekers;
(i) exploring opportunities for cooperation at a regional level on voluntary resettlement and other forms of humanitarian admission of refugees, as part of reaching collective solutions to the growing global phenomenon of large movements of refugees; and
(j) bi-regional cooperation for the prevention of irregular migration.
3. The Parties shall cooperate to ensure safe, orderly and regular migration, readmitting their own nationals irregularly staying in the territory of the other Party and fighting against trafficking in human beings and the smuggling of migrants. They shall also cooperate on the exchange of information, along with the sharing of data and statistics on migration.
4. Each Member State of the EU and each Signatory MERCOSUR State shall readmit its own nationals irregularly staying in the territory of the other Party at the latter's request. Appropriate travel documents ensuring effective return shall be provided for this purpose. The Parties shall ensure safe and dignified treatment to irregular staying migrants. The return of non-admitted persons shall be also ensured under human, dignified and fair conditions, in accordance with the applicable law, including remedies provided therein.
5. Upon the request of one of the Parties, Signatory MERCOSUR States individually and the EU or any of the Member States individually shall endeavour to negotiate and conclude specific agreements, in order to further facilitate the cooperation between competent authorities for the identification and documentation of nationals irregularly staying in the territory of the other Party to be readmitted. Such agreements would also address the readmission of persons who are not their nationals but who hold a valid residence authorisation issued by one of the Parties or who have entered the territory of one Party coming directly from the territory of the other Party.
6. The Parties shall promote the development and implementation of national legislation and practices as regards the international protection of refugees, with a view to satisfying the provisions of the United Nations Convention relating to the Status of Refugees, done at Geneva on 28 July 1951, and of its Protocol of 1967, and other relevant regional and international instruments to ensure respect for the principle of "non-refoulement". The Parties shall focus in particular on exploring opportunities for cooperation at a regional level on voluntary resettlement and other forms of humanitarian admission of refugees, as part of reaching collective solutions to the growing global phenomenon of large movements of refugees.
ARTICLE 6.2
Legal and judicial cooperation
1. The Parties agree to develop judicial cooperation in civil matters, in particular as regards the negotiation, ratification and implementation of multilateral conventions on civil judicial cooperation and, in particular, the Conventions of The Hague Conference on Private International Law in the field of international legal cooperation and litigation as well as the protection of children.
2. The Parties agree to strengthen judicial cooperation in criminal matters based on the relevant standards of the UN, international and regional organisations such as the Council of Europe and the Organization of American States, in particular in the area of mutual legal assistance, extradition and transfer of prisoners.
ARTICLE 6.3
Cooperation on countering the world drug problem
1. The Parties, based on the principle of common and shared responsibility, shall cooperate to ensure a balanced and integrated approach towards addressing all aspects of the world drug problem, including challenges such as new psychoactive substances. In this regard, drug policies and actions shall be aimed at reinforcing structures, reducing the supply of, trafficking in and the demand for illicit drugs, coping with the health and social consequences of drug abuse with a view to reducing harm, and more effective prevention of diversion of chemical precursors used for the illicit manufacture of narcotic drugs and psychotropic substances.
2. The Parties shall agree on the necessary methods of cooperation to attain the objectives referred to in paragraph 1. Actions shall be based on commonly agreed principles along the lines of, in particular, the three UN Drug Control Conventions of 1961, 1971 and 1988 and the Outcome Document of the UN General Assembly Special Session on the World Drugs Problem, adopted in New York on 19 April 2016.
3. The Parties agree to support and encourage the development of policies and measures to address the world drug problem.
ARTICLE 6.4
Cooperation on combating corruption and transnational organised crime,on anti-money-laundering and on countering the financing of terrorism
1. In accordance with their internal laws and regulations and applicable bilateral and international instruments, such as the UN Convention against Transnational Organized Crime, adopted in New York on 15 December 2000, and its protocols, and the UN Convention against corruption, adopted in New York on 31 October 2003, the Parties shall strengthen their cooperation in the fight against transnational organised crime and corruption, including prevention and investigation activities, the prosecution of offenders, and mutual legal assistance.
2. The Parties agree on the need to work towards preventing and combating in an effective way the use of their financial institutions and designated non-financial businesses and professions for the purpose of financing terrorism and laundering the proceeds of criminal activities, including drug trafficking, trafficking in persons, especially children, women at risk and other persons in vulnerable situations, arms trafficking and corruption, in accordance with the recommendations of the Financial Action Task Force (hereinafter referred to as "FATF") and taking into account the work of the Latin American Financial Action Group (hereinafter referred to as "GAFILAT").
3. The Parties agree to cooperate with a view to combating and preventing money laundering and terrorist financing and ensuring effective and full implementation of the FATF recommendations and taking into account the work of the GAFILAT. This cooperation extends to the tracing, identification, seizure, confiscation, recovery and return of assets or funds derived from the proceeds of crime.
4. The cooperation referred to in paragraph 3 shall allow exchanges of relevant information within the framework of the laws and regulations of each Party and in line with international standards to prevent and combat money laundering and the financing of terrorism, in compliance with the recommendations of FATF and taking into account the work of the GAFILAT.
5. The Parties agree, subject to and in accordance with their respective laws and regulations and applicable bilateral and international instruments, to undertake measures to support the identification, tracing, freezing, seizure and confiscation of the proceeds of criminal activities.
ARTICLE 6.5
Personal data
1. The Parties recognise the importance of promoting and protecting the fundamental rights to privacy and data protection, including security of personal data, as a central factor of consumer trust in the digital economy and an essential element for further developing commercial exchanges and law enforcement cooperation.
2. The Parties shall cooperate to ensure the effective protection of the rights referred to in paragraph 1, including in the context of the prevention and combatting of terrorism and of other transnational crimes. Cooperation at bilateral and multilateral level shall take into account existing international commitments and the Parties' respective laws and regulations where applicable. It may include capacity-building, technical assistance and the exchange of information and expertise.
ARTICLE 6.6
Consular protection
1. Each Signatory MERCOSUR State agrees that the diplomatic and consular authorities of any represented EU Member State shall provide protection to any national of an EU Member State which does not have a permanent representation in its territory in a position to provide consular protection in a given case, on the same conditions as to nationals of that EU Member State.
2. Each EU Member State agrees that the diplomatic and consular authorities of any represented Signatory MERCOSUR State shall provide protection to any national of a Signatory MERCOSUR State which does not have a permanent representation in its territory in a position to provide consular protection in a given case.
CHAPTER 7
COOPERATION ON SUSTAINABLE DEVELOPMENT
ARTICLE 7.1
Objectives and working methods
1. The Parties reaffirm their commitment to promote sustainable and inclusive economic development, contributing to the principles set forth in the Rio Declaration on Environment and Development adopted by the United Nations Conference on Environment and Development in 1992 (hereinafter referred to as "Rio Declaration on Environment and Development of 1992"), supported by the Outcome Document of the United Nations Conference on Sustainable Development of 2012 incorporated in Resolution 66/288 adopted by the United Nations General Assembly on 27 July 2012 entitled "The Future We Want" (hereinafter referred to as "the Outcome Document of the UN Conference on Sustainable Development of 2012 entitled "The Future We Want" ") and the 2030 Agenda. In that framework, the Parties shall cooperate to implement and achieve the SDGs, recognising that their broad and ambitious nature calls for urgent action.
2. The Parties recognise the importance of dialogue and cooperation as essential for addressing the challenges linked to achieving the SDGs and further recognise the importance of multi-stakeholder engagement, including the private sector and civil society, in international cooperation.
3. The Parties will work towards consolidating economic growth in a way that reduces inequalities and respects the principles of sustainable development.
4. The Parties should promote sustainable consumption and production patterns and raise awareness of the economic and social costs of environmental damage and its associated impact on human well-being.
5. The Parties shall promote sustainable development through dialogue, the sharing of good practices, good governance and sound financial management.
6. The Parties share a common goal of eradicating poverty and supporting inclusive economic development and shall work together whenever possible to achieve this aim.
7. The Parties shall work together to strengthen the implementation of the 2030 Agenda and the methodologies of follow-up, accountability to their citizens on the implementation of results related to the monitoring of the 2030 Agenda and evaluation of cooperation actions, including qualitative and quantitative data taking into account the impact on the ground.
8. Acknowledging gender equality and the empowerment of women and girls as essential for sustainable development, the Parties will explore further schemes of cooperation.
9. The Parties shall promote structures for South – South and triangular cooperation. Such cooperation will involve establishing joint initiatives with third countries with the aim of working together to support the design and implementation of multilevel strategies for the 2030 Agenda, as well as any other relevant future bi-regional and international agreements on sustainable development.
10. The Parties understand the comprehensive nature of the SDGs. In this context, the Parties should encourage innovative partnerships, which embrace a multi-stakeholder approach in order to promote and implement international development initiatives. These partnerships may include the private sector, organised civil society, philanthropic organisations and local and regional authorities.
11. The Parties recognise the importance of a comprehensive approach to social development, which must go hand in hand with economic development and environmental sustainability. They shall give priority to promote full employment, social inclusion and cohesion, as well as the participation of civil society. In line with the objectives of SDG 8, they shall promote decent work for all as provided by the International Labour Organisation (hereinafter referred to as "ILO") Declaration on Social Justice for a Fair Globalization, adopted by the International Labour Conference at its 97th Session in Geneva on 10 June 2008 (hereinafter referred to as "ILO Declaration on Social Justice for a Fair Globalization").
ARTICLE 7.2
Implementation of EU-MERCOSUR and bilateral cooperation
1. The provisions of this Agreement shall not affect the implementation of programmes, projects and activities under the 1995 Interregional Framework Cooperation Agreement, and shall not affect ongoing or future bilateral cooperation developed on the basis of bilateral programming instruments, such as indicative programmes or any other relevant instrument.
2. Cooperation shall be carried out in line with the relevant internationally agreed principles and policies to which both Parties have adhered, and in line with the relevant legislative framework of the EU on the one hand, and of MERCOSUR and its Signatory States, on the other hand.
ARTICLE 7.3
Facilitation arrangements
The Parties shall ensure, as appropriate, the customs and tax exemptions and visa facilities necessary to implement the cooperation initiatives agreed under this Part of the Agreement and under the Protocol on Cooperation.
ARTICLE 7.4
Cooperation on public administration
The Parties will introduce cooperation and dialogue to identify actions aimed at developing capacities for the design, effective implementation and evaluation of public policies. In this respect, the Parties shall cooperate in matters relating to public administration and institutions with a view to strengthening institutional capacities, including by promoting transfer of know-how and training of government personnel, improving management processes of public administrations as well as facilitating the modernisation of regulatory frameworks for the effective implementation of this Agreement.
ARTICLE 7.5
Environment
1. The aim of environmental cooperation should be to contribute to the protection, conservation, sustainable use of natural resources and to the promotion of sustainable development through coordination, integration and mutually supportive consideration of its three dimensions – economic, social and environmental – in accordance with the principles set out in the Rio Declaration on Environment and Development of 1992, supported by the Outcome Document of the UN Conference on Sustainable Development of 2012 entitled "The Future We Want" and the 2030 Agenda, and taking into account different national realities, capacities and levels of development and respecting national policies and priorities.
2. Environmental cooperation should focus in particular on:
(a) exchanging of information, technical expertise, environmental practices and experiences on programmes, projects and regulations promoting the protection, conservation, restoration, and sustainable use of natural resources and sustainable development, in particular with respect to applicable legislation, international commitments and goals;
(b) implementing multilateral environment agreements and the outcomes of the UN Environment Assembly and promoting environmental goals;
(c) mainstreaming environmental consideration in all sectors of cooperation;
(d) the conservation and sustainable use of biological diversity, and the fair and equitable sharing of the benefits arising from the utilisation of genetic resources considering any format, by means of appropriate access to such resources, in accordance with national legislation, as well as cooperation on water, chemicals, waste and other mutually agreed priority areas;
(e) cooperation on and encouragement of the development, dissemination and diffusion and transfer of environmentally sound technologies to developing countries on favourable terms, including on concessional and preferential terms, as mutually agreed;
(f) increasing the availability in developing countries of the means of implementation towards the full achievement of national sustainable development strategies, recognising the urgency that dealing with their broad and ambitious nature requires and facilitating participatory stakeholder involvement as appropriate. Under this Agreement, environmental cooperation should also promote the development of environmentally sound infrastructure.
ARTICLE 7.6
Sustainable urban development
1. The Parties recognise the importance of policies to promote sustainable urban development and of the need to contribute to the effective implementation of the New Urban Agenda adopted by the UN Conference on Housing and Sustainable Urban Development (HABITAT III) and the aspects of the 2030 Agenda relevant to sustainable urban development.
2. The Parties shall promote cooperation and partnership involving all the key actors relevant to policy and practice in the field of sustainable urban development, in particular, on ways to address urban challenges in an integrated and comprehensive manner.
3. The Parties shall promote knowledge sharing and the exchange of experiences on, inter alia, disaster risk reduction and management policies aimed at strengthening the resilience of cities and human settlements. The Parties shall do so, inter alia, through the development of quality infrastructure and spatial planning and implementation of urban development plans. These plans should consider key topics such as the effective use of renewable energy sources, urban inclusion, taking into account the different levels of urbanisation within the global south, and financing mechanisms for urban development projects at the local, national and regional level.
4. To this end, the Parties shall commit to expanding, wherever possible, concrete opportunities for decentralised, city-to-city cooperation at regional and international level, with a view to improving urban governance and capacity building through exchanges of experience and practice, as well as mutual learning, on sustainable solutions to urban challenges.
ARTICLE 7.7
Climate change
1. The Parties recognise that the global threat of climate change calls for the widest possible cooperation of all countries to reduce global greenhouse gas emissions and to adapt to the adverse effects of climate change in a manner that does not threaten food production, with developed countries continuing to take the lead. The Parties reiterate their commitment to the implementation of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992, (hereinafter referred to as "UNFCCC"), reflecting equity and the principle of common but differentiated responsibilities and respective capabilities, in light of different national circumstances.
2. The Parties shall cooperate, as appropriate, on trade-related climate change issues bilaterally, regionally and in relevant international fora. In this context, recognizing the role of trade in contributing to the response to the urgent threat of climate change, each Party shall remain a party, in good faith, of the UNFCCC and its Paris Agreement 2 .
3. The Parties agree that the second sentence of paragraph 2 constitutes an essential element of this Agreement.
4. Nothing in this Article prejudices to the rights of a Party to have recourse to dispute settlement procedures available under any other international agreement to which the Parties are party, including the WTO Agreement.
5. Within the scope of their respective competences, and based on the UNFCCC, and the Paris Agreement, the Parties should enhance cooperation and policy dialogue to drive the transformation to low greenhouse-gas (hereinafter referred to as "GHG") emissions development, in accordance with their responsibilities and capabilities, and exchange information and experiences on, inter alia:
(a) combating climate change, guided by equity and scientific evidence, in particular through the implementation of their respective nationally determined contributions and further collaboration on mitigation and adaptation action for the effective implementation of the Paris Agreement;
(b) enhancing public and private partnerships which could effectively support action to combat climate change and adapt to its adverse effects;
(c) promoting collaborative action on technology research, development, diffusion, deployment and transfer in order to improve resilience to climate change and to reduce GHG emissions, including through business-oriented dialogues;
(d) monitoring, reporting and verifying GHG emissions and developing and implementing mitigation and adaptation programmes;
(e) delivering on the Paris Agreement implementation and putting in place conditions to foster low GHG development, increasing the ability to adapt to the adverse impacts of climate change and fostering climate resilience in a manner that does not threaten food production, in accordance with Article 2 of the Paris Agreement;
(f) ensuring swift development of the Paris Agreement transparency framework for action and support provisions, including policy dialogue and cooperation in mutually agreed priority areas;
(g) promoting domestic climate policies and programmes in the framework of the Paris Agreement related to mitigation and adaptation, including in deforestation and forest degradation and restoration, as well as means to promote renewable energy, energy efficiency, sustainable transport and sustainable and climate-resilient infrastructure development; and
(h) enhancing other areas of bilateral dialogue on climate mitigation and adaptation policy or any other areas of mutual interest that may arise including in other related multilateral fora such as the International Civil Aviation Organization, the International Maritime Organization and the Montreal Protocol, concluded at Montreal on 16 September 1987, and its Kigali Amendment, when applicable.
6. To these ends, the Parties agree to improve cooperation and exchange information and experiences in this field, and to continue their existing obligations under the UNFCCC and the Paris Agreement. To this effect, developed countries will provide financial resources for mitigation and adaptation and mobilise climate finance from a wide variety of sources, instruments and channels, taking into account the needs and priorities of developing country parties, as well as other means of implementation for the achievement of the objectives set out in the Paris Agreement.
ARTICLE 7.8
Oceans and seas
1. The Parties recognise the importance of the conservation and sustainable use of marine resources, including the sustainable and responsible management of fisheries, aquaculture and other maritime activities and their contribution to providing environmental, economic and social opportunities for present and future generations, in the context of the sustainable use and conservation of the oceans, seas and marine resources with the long-term objective of improving the state of the oceans, including by strengthening the framework of international institutions and fora, where appropriate.
2. In a manner consistent with their obligations under international law, in particular UNCLOS, the Parties undertake to:
(a) cooperate to achieve SDG 14 – "Conserve and sustainably use the oceans, seas and marine resources" – of the 2030 Agenda;
(b) promote better cooperation and consultation, as appropriate, within and between competent international organisations, instruments and bodies, where applicable;
(c) adopt effective monitoring, control and surveillance measures to ensure the effective implementation of fisheries conservation measures;
(d) cooperate at the UN towards the development of an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction; and
(e) cooperate where appropriate in relevant sub-regional, regional and multilateral bodies in which the Parties are members, observers or cooperating non-contracting parties, towards achieving SDG 14 and other related SDGs.
3. The Parties agree to strengthen dialogue and cooperation with regard to:
(a) supporting sustainable fisheries production, fish-farming sectors and in particular the preservation of fishery resources, including possible interregional cooperation on several areas, depending on the interest of the coastal State, such as scientific, technological, industrial, economic and commercial cooperation, as well as institutional building and training;
(b) supporting the development of an environmentally responsible and economically competitive aquaculture industry;
(c) supporting marine scientific research and the development of research and technological capacity, as well as promoting science-based decisions;
(d) exchanging best practices on the sustainable development of maritime economic activities of interest to the Parties such as ocean energy, shipping, coastal and marine tourism or marine biotechnology;
(e) combatting illegal, unreported and unregulated (hereinafter referred to as IUU) fishing, including, where appropriate, the exchange of information on IUU activities and the support for the building-up of the technical and administrative capacity to deal with IUU fishing;
(f) developing area-based conservation measures and management tools, including marine protected areas, consistent with the national and international law and based on the best available scientific information to protect and restore coastal and marine areas and resources;
(g) reducing pressure on the oceans through, inter alia, the fight against marine litter and pollution, including from land-based sources and maritime human activities;
(h) promoting marine spatial planning and integrated coastal zone management; and
(i) addressing climate-related issues such as adaption and mitigation of GHG emissions, sea-level rise, ocean and coastal acidification and air pollution.
ARTICLE 7.9
Cooperation on energy
1. The Parties shall aim to facilitate the exchange of ideas, experiences and best practices on how to improve access to secure, sustainable and affordable energy, including through the fostering of new investments and the transfer of technology between public and private economic operators of the Parties, especially with regard to electricity, hydrocarbon, renewable energy, including sustainable production and use, biofuels and the efficient use of energy.
2. Cooperation under this Article, based on the principle of the sovereign right of States to manage their own natural resources, with a view to ensuring access to affordable, reliable, sustainable and modern energy for all, shall take the form of, inter alia:
(a) cooperation between institutions dealing with policy, planning and modelling issues in the energy sector;
(b) the exchange of scientific, technical and other energy research results, experiences, publications, information and data, including the development of joint databanks shared by the Parties' operators, in accordance with the laws and regulations of each Party;
(c) the promotion of joint conferences and technical training, including at post-graduate level;
(d) technology transfers, especially those related to renewable energy sources;
(e) the promotion of feasibility studies and the implementation of joint projects in the energy sector between public and private economic operators and research institutions of the Parties;
(f) the participation of economic operators from the two regions in technology, development and infrastructure joint projects, including networks with other countries; and
(g) the rationalisation and phasing-out of inefficient fossil-fuel subsidies that encourage wasteful consumption, taking fully into account the specific needs and conditions of developing countries and minimising the possible adverse impacts on their development in a manner that protects the poor and the affected communities.
ARTICLE 7.10
Cooperation on raw materials
The Parties shall cooperate in the area of raw materials with a view to, inter alia:
(a) promoting efficient, flexible, competitive and transparent international markets;
(b) fostering exchange of market information in the area of raw materials;
(d) promoting research, development and innovation in the area of raw materials;
(e) fostering exchange of information and best practices on domestic policy developments; and
(f) promoting standards of safety and environmental protection for offshore mining operations, by increasing transparency, sharing information, including on industry safety and environmental performance.
CHAPTER 8
SOCIAL, ECONOMIC AND CULTURAL PARTNERSHIP
ARTICLE 8.1
Objectives
1. In the framework of their cooperation, the Parties recognise that all peoples have the right to pursue their economic, social and cultural development. The Parties, acknowledging that social development should progress in parallel with economic development, agree to cooperate in enhancing social inclusion and cohesion through the reduction of poverty, injustice and inequality.