(f) further developing cooperation to facilitate measures to recover assets, promoting good practices and capacity building.
Article 39. Illicit Trafficking of Small Arms and Light Weapons
1. The Parties shall cooperate to prevent and combat illicit trafficking in small arms and light weapons including their ammunition. They shall aim at coordinating actions to strengthen legal and institutional cooperation, as well as at collecting and destroying illicit small arms and light weapons, including their ammunition, in civilian hands. 2. The Parties shall cooperate to promote joint initiatives in the fight against small arms and light weapons, including their ammunition. In particular, the Parties shall cooperate on those joint initiatives which are aimed at implementing the national, regional and international programmes as well as conventions in this field, both within a multilateral and inter-regional framework.
Article 40. The Fight Against Terrorism with Full Respect for Human Rights
1. Cooperation in the area of combating terrorism will implement the framework and the standards agreed in Article 16 of Part II.
2. The Parties shall also cooperate to ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in support of terrorist acts, will be brought to justice. The Parties agree that the fight against terrorism shall be done in full compliance with all relevant United Nations Resolutions while respecting the sovereignty of the States, as well as due process, human rights and fundamental freedoms.
3. The Parties agree to cooperate in the prevention and suppression of acts of terrorism by means of police and judicial cooperation.
Title III. Social Development and Social Cohesion
Article 41. Social Cohesion Including the Fight Against Poverty, Inequalities and Exclusion
1. The Parties, acknowledging that social development shall go hand in hand with economic development, agree that cooperation shall aim at enhancing social cohesion through the reduction of poverty, inequity, inequality and social exclusion, in particular in view to the fulfilment of the Millennium Development Goals and of the internationally agreed objective of promoting fair globalisation and decent work for all. The accomplishment of these objectives shall mobilise significant financial resources, from both cooperation and national resources.
2. For this purpose, the Parties shall cooperate in order to promote and to support the execution of:
(a) economic policies with a social vision oriented to a more inclusive society with a better income distribution in order to reduce inequality and inequity;
(b) trade and investment policies, bearing in mind the link between trade and sustainable development, fair trade, the development of rural and urban micro, small and medium enterprises and their representatives organisations and to corporate social responsibility;
(c) equitable and sound fiscal policies, allowing for a better redistribution of wealth, ensuring adequate levels of social expenditure and reducing the informal economy;
(d) efficient public social expenditure linked to clear identified social objectives, moving towards a result oriented approach;
(e) effective social policies and equitable access to social services for all in a variety of sectors such as in the areas of education, health, nutrition, sanitation, housing, justice and social security;
(f) employment policies directed towards decent work for all and the creation of economic opportunities with a particular focus on the poorest and most vulnerable groups and the most disadvantaged regions, and specific measures promoting tolerance to cultural diversity at work;
(g) social protection schemes in the area of, inter alia, pensions, health, accidents and unemployment based on the solidarity principle and accessible to all;
(h) strategies and policies to combat xenophobia and discrimination, based in particular on the grounds of gender, race, belief or ethnicity;
(i) specific policies and programmes dedicated to the youth.
3. The Parties agree to stimulate the exchange of information on social cohesion aspects of national plans or strategies as well as experiences on successes and failures regarding their formulation and implementation.
4. The Parties shall also endeavour to jointly assess the contribution of the implementation of this Agreement to social cohesion.
Article 42. Employment and Social Protection
1. The Parties agree to cooperate in order to promote employment and social protection through actions and programmes, which aim in particular to:
(a) ensure decent work for all;
(b) create more inclusive and well functioning labour markets;
(c) extend social protection coverage;
(d) exchange best practices in the field of workers mobility and transfer of pension rights;
(e) promote social dialogue;
(f) ensure the respect for the fundamental principles and rights at work identified by the International Labour Organization's Conventions, the so-called Core Labour Standards, in particular as regards the freedom of association, the right to collective bargaining and non discrimination, the abolition of forced and child labour, and equal treatment between men and women;
(g) address issues relating to the informal economy;
(h) give special attention to disadvantaged groups and to the fight against discrimination;
(i) develop the quality of human resources through the improvement of education and training, including effective vocational training;
(j) improve the health and security conditions at work, notably by strengthening labour inspectorates;
(k) stimulate job creation and entrepreneurship by strengthening the institutional framework necessary to the creation of small and medium sized enterprises and facilitating access to credit and micro-finance.
2. Activities may be carried out at national, regional and interregional levels, including through networking, mutual learning, identification and dissemination of good practices, information sharing on the basis of comparable statistical tools and indicators and contacts between organisations of social partners.
Article 43. Education and Training
1. The Parties agree that cooperation shall aim to:
(a) promote equitable access to education for all, including young people, women, senior citizens, indigenous peoples and minority groups, paying special attention to the most vulnerable and marginalised segments of society;
(b) improve the quality of education, considering primary basic education as a priority;
(c) improve completion of primary education and reduce early school leaving in compulsory secondary education;
(d) improve non-formal learning;
(e) improve infrastructure and equipment of existing education centres;
(f) promote education for the indigenous peoples, including intercultural bilingual education;
(g) promote higher education as well as vocational training and lifelong learning.
2. The Parties also agree to encourage:
(a) cooperation between higher education institutions of the Parties as well as the exchange of students, researchers and academics through existing programmes;
(b) synergies between higher education institutions and private and public sector in agreed areas in order to facilitate transitions into employment.
3. The Parties agree to pay special attention to continue developing the EU-LAC Knowledge Area and initiatives such as the EU-LAC Common Higher Education Area, in particular with a view to encourage the pooling and exchange of experience and technical resources.
Article 44. Public Health
1. The Parties agree to cooperate in developing efficient health systems, competent and sufficient health workforce capacity, fair financing mechanisms and social protection schemes.
2. Special attention shall be given to sectoral reforms and to ensure an equitable access to quality health services, food and nutritional security in particular for vulnerable groups such as the disabled, elderly people, women, children, and indigenous peoples.
3. They further aim to cooperate in order to promote primary health care and prevention through integrated approaches and actions involving other policy sectors, in particular to fight against HIV/AIDS, malaria, tuberculosis, dengue, chagas disease, and other priority communicable and non-communicable diseases, as well as chronic diseases; to reduce child mortality; to increase maternal health, and to address priority areas such as sexual and reproductive health and the care for and prevention of sexually transmitted diseases and unwanted pregnancies, provided that these objectives do not contravene the national legal frameworks. In addition the Parties shall cooperate in areas such as education, water sanitation and sanitary topics.
4. Cooperation may further encourage the development, implementation and promotion of international health law, including the International Health Regulations and the World Health Organization Framework Convention on Tobacco Control.
5. The Parties shall seek the creation of associations beyond the public health system through strategic partnerships with civil society and other actors, giving priority to disease prevention and health promotion.
Article 45. Indigenous Peoples and other Ethnic Groups
1. The Parties respecting and promoting their national, regional and international obligations agree that cooperation activities shall enhance the protection and promotion of the rights and fundamental freedoms of indigenous peoples, as recognised by the United Nations Declaration on the Rights of Indigenous Peoples. Further, cooperation activities shall enhance and promote the human rights and fundamental freedoms of persons belonging to minorities and ethnic groups.
2. Special attention should be paid to poverty reduction, and to the fight against inequality, exclusion and discrimination. Relevant international documents and instruments addressing the rights of indigenous peoples such as United Nations Resolution 59/174 on the Second Decade of the World's Indigenous Peoples, and, as ratified, the International Labour Organization 169 Convention concerning Indigenous and Tribal Peoples in Independent Countries, should guide the development of cooperation activities, in line with the national and international obligations of the Parties.
3. The Parties further agree that cooperation activities shall systematically take into account the social, economic and cultural identities of these peoples and shall ensure as appropriate their effective participation in cooperation activities, in particular in those areas most relevant to them, notably sustainable management and use of land and natural resources, environment, education, health, heritage and cultural identity.
4. Cooperation shall contribute to promoting the development of indigenous peoples. Cooperation shall also contribute to promoting the development of persons belonging to minorities and ethnic groups organisations. Such cooperation shall strengthen as well their negotiation, administrative and management capacities.
Article 46. Vulnerable Groups
1. The Parties agree that cooperation in favour of vulnerable groups shall give priority to measures, including innovative policies and projects, involving vulnerable groups. It should aim at promoting human development, reducing poverty, and fighting social exclusion.
2. Cooperation shall include the protection of human rights and the equal opportunities of vulnerable groups, the creation of economic opportunities for the poorest, as well as specific social policies aimed at the development of human capacities through education and training, access to basic social services, social safety nets and justice with a particular focus on the disabled and their families, children, women and the elderly, among others.
Article 47. Gender
1. The Parties agree that cooperation shall help to strengthen policies, programmes, and mechanisms aimed at ensuring, improving and expanding the equal participation and opportunities for men and women in all sectors of political, economic, social and cultural life, in particular in view of the effective implementation of the Convention on the Elimination of All Forms of Discrimination against Women. Where appropriate, affirmative actions in support of women shall be envisaged.
2. Cooperation shall promote the integration of the gender perspective in all the relevant fields of cooperation, including public policies, development strategies and actions as well as indicators to measure their impact.
3. Cooperation shall also help to facilitate equal access of men and women to all services and resources allowing them to fully exercise their fundamental rights, such as in respect of education, health, vocational training, employment opportunities, political decision making, governance structures and private undertakings.
4. Particular attention shall be given to programmes addressing violence against women, in particular through prevention.
Article 48. Youth
1. The cooperation between the Parties shall support all relevant sectoral policies addressing youth with the objective of preventing the reproduction of poverty and marginality. It shall include support to family policies and education, as well as to providing job opportunities for young people, especially in poor areas, and fostering social and justice programmes for prevention of juvenile delinquency and reinsertion into economic and social life.
2. The Parties agree to promote the active participation of young people in society, including in the shaping of policies that have an impact on their lives.
Title IV. Migration
Article 49. Migration
1. Cooperation shall be based on specific needs assessment conducted in mutual consultation between the Parties and be implemented in accordance with the relevant European Union and national legislation in force. It will focus in particular on:
(a) the root causes of migration;
(b) the development and implementation of national legislation and practices with regard to international protection, with a view to satisfying the provisions of the 1951 Geneva Convention relating to the Status of Refugees and of its Protocol of 1967 and other relevant international instruments, and to ensuring the respect of the principle of "non-refoulement";
(c) the admission rules and rights and status of persons admitted, fair treatment and integration of legal residents into society, education and training of legal migrants and measures against racism and xenophobia and all applicable provisions regarding human rights of migrants;
(d) the establishment of an effective policy to facilitate the transfer of remittances;
(e) the temporary and circular migration, including the prevention of brain drain;
(f) the establishment of an effective and comprehensive policy on immigration, smuggling and trafficking in human beings, including the issue of how to combat networks and criminal organisations of smugglers and traffickers and how to protect and support the victims of such trafficking; as well as any other form of migration not in accordance with the legal framework of the country of destination;
(g) the return, under humane, secure and dignified conditions, of persons not holding a legal residence permit, in full respect of their human rights, and the readmission of such persons in accordance with paragraph 2;
(h) the exchange of best practices on integration dealing with migration between the European Union and the Republics of the CA Party;
(i) the supportive measures aimed at the sustainable reinsertion of returnees.
2. Within the framework of the cooperation to prevent and control immigration that contravenes the legal framework of the country of destination, the Parties also agree to readmit those of their nationals whose stay in the territories of the other Party contravenes their respective legal frameworks. To this end:
(a) each Republic of the CA Party shall, upon request and without further formalities, readmit any of its nationals whose stay in the territory of a Member State of the European Union contravenes the Member State's legal framework, provide their nationals with appropriate identity documents and extend to them the administrative facilities necessary for such purpose and;
(b) each Member State of the European Union shall, upon request and without further formalities, readmit any of its nationals whose stay in the territory of a Republic of the CA Party contravenes the Republic of the CA Party's legal framework, provide their nationals with appropriate identity documents and extend to them the administrative facilities necessary for such purpose.
3. Where the person to be readmitted does not possess any documents or other proofs of his or her nationality, the competent diplomatic and/or consular representations of the Member State of the European Union or the Republic of the CA Party concerned shall, upon request of the Republic of the CA Party or the Member State of the European Union concerned, make arrangements to interview the person in order to establish his or her nationality.
4. The Parties agree to conclude, upon request and as soon as possible, an agreement regulating the specific obligations for the Member States of the European Union and the Republics of the CA Party on readmission. That Agreement shall also address the readmission of nationals of other countries and stateless persons.
Title V. Environment, Natural Disasters and Climate Change
Article 50. Cooperation on Environment
1. The Parties agree to cooperate in order to protect and improve the quality of the environment at local, regional and global levels with a view to achieving sustainable development, as set forth in the 1992 Rio Declaration on Environment and Development.
2. Taking into account the principle of common but differentiated responsibilities, the priorities and national development strategies, the Parties shall pay due attention to the relationship between poverty and the environment and the impact of economic activity on the environment including the potential impact of this Agreement.
3. Cooperation shall in particular address:
(a) the protection and sustainable management of natural resources and ecosystems, including forests and fisheries;
(b) the fight against pollution of fresh and marine waters, air and soil, including through the sound management of waste, sewage waters, chemicals and other dangerous substances and materials;
(c) global issues such as climate change, depletion of the ozone layer, desertification, deforestation, conservation of biodiversity and biosafety;
(d) in this context, cooperation shall seek to facilitate joint initiatives in the area of climate change mitigation and adaptation to its adverse effects, including the strengthening of carbon market mechanisms.
4. Cooperation may involve measures such as:
(a) promoting policy dialogue and exchange of best environmental practices, experiences, and capacity building, including institutional strengthening;
(b) transfer and use of sustainable technology and know-how, including creation of incentives and mechanisms for innovation and environmental protection;
(c) integrating environmental considerations into other policy areas, including land-use management;
(d) promoting sustainable production and consumption patterns, including through the sustainable use of ecosystems, services and goods;
(e) promoting environmental awareness and education as well as enhanced participation by civil society, in particular local communities, in environmental protection and sustainable development efforts;
(f) encouraging and promoting regional cooperation in the field of environmental protection;
(g) assisting in the implementation and enforcement of those multilateral environmental agreements that the Parties are part of; (h) strengthening environmental management, as well as monitoring and control systems.
Article 51. Management of Natural Disasters
1. The Parties agree that cooperation in this field shall aim to reduce the vulnerability of the Central American region to natural disasters through supporting national efforts, as well as the regional framework for the reduction of vulnerability and response to natural disasters, strengthening regional research, disseminating best practices, drawing from lessons learnt in Disaster Risk Reduction, preparedness, planning, monitoring, prevention, mitigation, response and rehabilitation. Cooperation shall also support efforts towards the harmonisation of the legal framework according to the international standards and the improvement of institutional coordination and government support.
2. The Parties shall encourage strategies that reduce social and environmental vulnerability and strengthen capacities of local communities and institutions for disaster risk reduction.
3. The Parties shall place particular attention on improving disaster risk reduction in all their policies, including territorial management, rehabilitation and reconstruction.
Title VI. Economic and Trade Development
Article 52. Cooperation and Technical Assistance In the Field of Competition Policy
Technical assistance shall focus among others on institutional capacity building and training of human resources of the competition authorities, taking into account the regional dimension, in order to support them in strengthening and effectively enforcing the competition laws in the areas of antitrust and mergers, including competition advocacy.
Article 53. Customs Cooperation and Mutual Assistance
1. The Parties shall promote and facilitate cooperation between their respective customs services in order to ensure that the objectives set out in Chapter 3 (Customs and Trade Facilitation) of Title II of Part IV of this Agreement are attained, particularly in order to guarantee the simplification of customs procedures and the facilitation of legitimate trade while retaining their control capabilities.
2. The cooperation shall give rise, among others, to:
(a) exchanges of information concerning customs legislation and procedures, particularly in the following areas:
(i) simplification and modernisation of customs procedures;
(ii) facilitation of transit movements;
(iii) enforcement of intellectual property rights by the customs authorities;
(iv) relations with the business community;
(v) free circulation of goods and regional integration;
(b) the development of joint initiatives in mutually agreed areas;
(c) the promotion of coordination between all relevant border agencies, both internally and across borders.
3. The Parties shall provide mutual administrative assistance in customs matters in accordance with the provisions of Annex III to Part IV of this Agreement.
Article 54. Cooperation and Technical Assistance on Customs and Trade Facilitation
The Parties recognise the importance of technical assistance in the field of customs and trade facilitation in order to implement the measures laid down in the Chapter 3 (Customs and Trade Facilitation) of Title II of Part IV of this Agreement. The Parties agree to cooperate among others in the following areas:
(a) enhancing institutional cooperation to strengthen the process of regional integration;
(b) providing expertise and capacity building on customs issues to the competent authorities (certification and verification of origin, among others) and technical matters to enforce regional customs procedures;
(c) the application of mechanisms and modern customs techniques, including risk assessment, advance binding rulings, simplified procedures for entry and release of goods, customs controls and company audit methods;
(d) introduction of procedures and practices which reflect as far as practicable, international instruments and standards applicable in the field of customs and trade, including WTO rules and World Customs Organization (hereinafter referred to as the "WCO") instruments and standards, inter alia the International Convention on the Simplification and Harmonization of Customs Procedures, as amended (Revised Kyoto Convention) and the WCO Framework of Standards to Secure and Facilitate Global Trade; and
(e) information systems and automation of customs and other trade procedures.
Article 55. Cooperation and Technical Assistance on Intellectual Property and Technology Transfer
1. The Parties recognise the importance of cooperation and technical assistance in the field of intellectual property and agree to cooperate among others in the following:
(a) enhancing institutional cooperation (for example, between intellectual property offices in the Republics of the CA Party) and thus facilitating the exchange of information on the legal frameworks concerning intellectual property rights and other relevant rules of protection and enforcement;
(b) encourage and facilitate the development of contacts and cooperation in the field of intellectual property, including the promotion and dissemination of information between and within business circles, civil society, consumers and educational institutions;
(c) providing capacity building and training (for example, for judges, prosecutors, customs and police officers), on enforcement of intellectual property rights;
(d) cooperating on the development and enhancement of electronic systems of the Intellectual Property Offices in the Republics of the CA Party; (e) cooperating on information exchange and providing expertise and technical assistance on regional integration in the field of intellectual property rights.
2. The Parties recognise the importance of cooperation on customs matters, and therefore, the Parties engage to promote and facilitate cooperation aiming to apply border measures in relation with intellectual property rights, increasing specifically the information exchange and coordination between the relevant customs administrations. The cooperation shall strive to strengthen and modernise the performance of the customs of the Republics of the CA Party.
3. The Parties also recognise the importance of technical cooperation assistance in the field of technology transfer in order to enhance intellectual property and agree to cooperate among others in the following activities:
(a) the Parties shall promote the transfer of technology, which shall be accomplished through academic, professional and/or business exchange programs directed to the transmission of knowledge from the EU Party to the Republics of the CA Party;
(b) the Parties recognise the importance of creating mechanisms that strengthen and promote Foreign Direct Investment (FDI) in the Republics of the CA Party, especially in innovative and high-tech sectors. The EU Party shall make its best efforts to offer to the institutions and enterprises in its territories incentives destined to promote and to favour the transfer of technology to institutions and enterprises of the Republics of the CA Party, in such a way that allows these countries to establish a viable technological platform;
(c) likewise, the EU Party shall facilitate and promote programs aimed to the creation of activities of Research and Development in Central America, to attend the region's needs, such as access to medicines, infrastructure and technology development necessary for the development of their people, among others.
Article 56. Cooperation on Establishment, Trade In Services and Electronic Commerce
1. The Parties recognise the importance of technical cooperation and assistance in order to facilitate the implementation of commitments and to maximise the opportunities created under Title III (Establishment, Trade in Services and Electronic Commerce) of Part IV, and achieve the objectives of this Agreement.
2. Cooperation includes support for technical assistance, training and capacity building in, inter alia, the following areas:
(a) improving the ability of service suppliers of the Republics of the CA Party to gather information on and to meet regulations and standards of the EU Party at the European Union's level and at national and sub-national levels;
(b) improving the export capacity of service suppliers of the Republics of the CA Party, with particular attention to the needs of small and medium-sized enterprises;
(c) facilitating interaction and dialogue between service suppliers of the EU Party and of the Republics of the CA Party;
(d) addressing qualification and standards needs in those sectors where commitments have been undertaken under this Agreement;
(e) promoting exchange of information and experiences and providing technical assistance regarding the development and implementation of regulations at national or regional level, where applicable;