Title
Political Dialogue and Co-operation Agreement between the European Community and its Member States, of the one part, and the Andean Community and its Member States, Bolivia, Colombia, Ecuador, Peru
Preamble
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the European Community and the Treaty on European Union, hereinafter referred to as the ‘Member States', and
THE EUROPEAN COMMUNITY
Of the one part,
And
The Andean 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,
Of the other part
CONSIDERING the traditional historical and cultural links between the Parties and the desire to strengthen their relations, building on the existing mechanisms that govern relations between the Parties;
CONSIDERING that this new Political Dialogue and Co-operation Agreement should mean a qualitative advance in the depth and range of European Union and Andean Community relations, including new areas of interest of both Parties;
REAFFIRMING their respect for democratic principles and fundamental human rights as set out in the Universal Declaration of Human Rights and for international humanitarian law;
RECALLING their commitment to the principles of the rule of law and good governance;
CONVINCED of the importance of the fight against illicit drugs and related crimes, based on the principles of shared responsibility, comprehensiveness, balance and multilateralism;
HIGHLIGHTING their commitment to work together in pursuit of the objectives of poverty eradication, social justice and cohesion, equitable and sustainable development, including aspects of vulnerability to natural disasters, environmental conservation and protection and biodiversity, strengthening the respect for human rights, democratic institutions and good governance and the progressive integration of Andean countries into the world economy;
EMPHASIZING the importance the Parties attach to the consolidation of the political dialogue on bilateral, regional and international issues of common interest as well as to the dialogue mechanisms, as already stated in the Joint Declaration on political dialogue between the European Union and the Andean Community signed in Rome on 30 June 1996;
HIGHLIGHTING the need to strengthen the programme of co-operation governed by the Framework Agreement on Co-operation between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela signed in 1993, hereinafter referred to as the 1993 Framework Co-operation Agreement;
RECOGNIZING the need to deepen the process of regional integration, trade liberalisation and economic reform within the Andean Community and to step up efforts towards conflict prevention in order to establish the Andean Peace Zone, in line with the Lima Commitment, Andean Charter for Peace and Security, Limit and Control of External Defence Expenditure;
AWARE of the need to promote sustainable development in the Andean region through a development partnership involving all relevant stakeholders, including organised civil society and the private sector, in line with the principles set out in the Monterrey Consensus and the Johannesburg Declaration, and its Plan for Implementation;
CONVINCED of the need to establish co-operation on migration, asylum and refugee issues; EMPHASIZING the will to co-operate in international fora;
AWARE of the need to consolidate European Union-Andean Community relations in order to reinforce the mechanisms supporting their relationship with a view to facing up to the new dynamics of international
Relations in a global and interdependent world; and
BEARING IN MIND the strategic partnership developed between the European Union and Latin America and the Caribbean in the context of the 1999 Rio Summit and reaffirmed at the 2002 Madrid Summit; in this framework reiterate the need to encourage the exchanges necessary to create the conditions for strengthened relations built on solid and mutually beneficial foundations between the European Union and the Andean Community;
THE PARTIES HAVE DECIDED TO CONCLUDE THIS AGREEMENT:
Body
Title I. Objectives, Nature and Scope of the Agreement
Article I. Principles
1. Respect for democratic principles and fundamental human rights, as laid down in the Universal Declaration of Human Rights, as well as for the principle of the rule of law, underpins the internal and international policies of both Parties and constitutes an essential element of this Agreement.
2. The Parties confirm their commitment to the promotion of sustainable development and to contribute to reaching the Millennium Development Goals.
3. The Parties reaffirm their attachment to the principles of good governance and the fight against corruption.
Article 2. Objectives and Scope
1. The Parties confirm their joint objective of strengthening and deepening their relations in all fields covered by this Agreement by developing their political dialogue and reinforcing their co-operation.
2. The Parties confirm their joint objective of working towards creating conditions under which, building on the outcome of the Doha Work Programme, a feasible and mutually beneficial Association Agreement, including a Free Trade Agreement, could be negotiated between them.
3. Implementation of this Agreement should help to create these conditions by striving for political and social stability, deepening the regional integration process and reducing poverty within a sustainable development framework in the Andean Community.
4. This Agreement governs the political dialogue and co-operation between the Parties and contains the necessary institutional arrangements for its application.
5. The Parties undertake to periodically assess progress, taking account of progress achieved before the entry into force of the Agreement.
Title II. Political Dialogue
Article 3. Objectives
1. The Parties agree to reinforce their regular political dialogue on the basis of the principles set out in the Framework Co-operation Agreement of 1993 and the Rome Declaration of 1996 between the Parties.
2. The Parties agree that political dialogue shall cover all aspects of mutual interest and any other international issue. It shall prepare the way for new initiatives for pursuing common goals and establishing common ground in areas such as security, regional development and stability, conflict prevention and resolution, human rights, ways of strengthening democratic governance, the fight against corruption, sustainable development, illegal migration, counter-terrorism and the global problem of illicit drugs, including chemical precursors, asset laundering and the trafficking of small and light weapons in all its aspects. It shall also provide a basis for initiatives to be taken and support efforts to develop initiatives, including co-operation, and actions throughout the Latin American region.
3. The Parties agree that political dialogue shall enable a broad exchange of information and shall provide a forum for joint initiatives at international level.
Article 4. Mechanisms
The Parties agree that their political dialogue shall be conducted:
(a) where appropriate and agreed by both Parties, at Heads of State or Government level;
(b) at ministerial level;
(c) at senior-official level;
(d) at working level;
And shall make maximum use of diplomatic channels.
Article 5. Co-operation In the Field of Foreign and Security Policy
The Parties shall, as far as possible, co-operate in the field of foreign and security policy and co-ordinate their positions and take joint initiatives in the appropriate international fora.
Title III. Co-operation
Article 6. Objectives
1. The Parties agree that the co-operation foreseen in the 1993 Framework Co-operation Agreement shall be strengthened and broadened to other areas. It shall focus on the following objectives:
(a) strengthening of peace and security;
(b) promotion of political and social stability through the strengthening of democratic governance and respect for human rights;
(c) deepening of the process of regional integration among the countries within the Andean region with a view to contributing to their social, political and economic development including productive capacity building and the strengthening of their export capacity;
(d) poverty reduction, generation of greater social and regional cohesion, promotion of more equitable access to social services and the rewards of economic growth ensuring an appropriate
Balance between economic, social and environmental components in a sustainable development context.
2. The Parties agree that co-operation shall take account of cross-cutting aspects relating to economic and social development, including issues such as gender, respect for indigenous populations, natural disaster prevention and response, environmental conservation and protection, biodiversity and foster research and technological development. Regional integration shall also be considered as a cross-cutting theme and in that regard co-operation actions at national level should be compatible with the process of regional integration.
3. The Parties agree that measures aimed at contributing to regional integration in the Andean region and strengthening inter-regional relations between the Parties shall be encouraged.
Article 7. Means
The Parties agree that co-operation shall be implemented by means of technical assistance, studies, training, exchanges of information and expertise, meetings, seminars, research projects, infrastructure development, use of new financial mechanisms or any other means agreed by the Parties in the context of the area of co-operation, the objectives pursued and the means available, in conformity with the norms and regulations that apply to this co-operation.
Article 8. Co-operation In the Field of Human Rights, Democracy and Good Governance
The Parties agree that co-operation in this field shall actively support governments and representatives of organised civil society through actions, in particular in the following areas:
(a) promotion of human rights, the democratic process and good governance, including the management of electoral processes;
(b) strengthening of the rule of law and the good and transparent management of public affairs, including the fight against corruption at local, regional and national levels;
(c) guaranteeing an independent and efficient judicial system;
(d) implementation and dissemination of the Andean Charter for the Promotion and Protection of Human Rights.
Article 9. Co-operation In the Field of Conflict Prevention
1. The Parties agree that co-operation in this field shall promote and sustain a comprehensive peace policy, including the prevention and resolution of conflicts. This policy shall be based on the principle of commitment and participation of society and shall focus primarily on developing regional, sub-regional and national capacities. It shall ensure equal political, economic, social and cultural opportunity for all segments of society, reinforce democratic legitimacy, promote social cohesion and the effective management of public affairs, establish effective mechanisms for peaceful conciliation of interests of different groups, and encourage an active and organised civil society.
2. Co-operation activities may include, among others, the provision of support to mediation, negotiation and reconciliation processes, the regional management of shared natural resources, disarmament, demobilisation and social reinsertion of former members of illegal armed groups, efforts in the field of child soldiers (United Nations Convention on the Rights of the Child), measures to combat antipersonnel mines, the realisation of training programs on the issue of border controls, as well as the support to the enforcement and dissemination of the Commitment of Lima, Andean Charter for Peace and Security, Limitation and Control of External Defence Expenditure.
3. The parties shall also cooperate in the field of prevention and combat of illegal traffic of small arms and light weapons with the aim of developing, among others, coordination of actions to strengthen legal and institutional cooperation, as well as the collection and destruction of illicit small arms and light weapons in civilian hands.
Article 10. Co-operation In the Field of Modernisation of the State and Public Administration
1. The Parties agree that the objective of co-operation in this field shall be to modernise public administration in the Andean countries, including supporting the processes of decentralisation and organisational changes resulting from the process of Andean integration. In general, the aim shall be to improve organisational efficiency, to ensure transparent management of public resources and accountability, as well as to improve the legal and institutional framework, based on best practices of both parties and taking advantage of the experience gained through the development of policies and instruments in the European Union.
2. This co-operation may include, among other things, programmes aimed at building capacities for policy design and implementation (public service delivery, budget composition and execution, prevention of and fight against corruption, and organised civil society involvement), and reinforcing judiciary systems.
Article 11. Co-operation In the Field of Regional Integration
1. The Parties agree that co-operation in this field shall reinforce the process of regional integration within the Andean Community, in particular the development and implementation of its common market.
2. Co-operation shall support the development and strengthening of common institutions in the Member countries of the Andean Community and shall promote closer co-operation between the institutions concerned. To strengthen institutional co-operation in issues of integration, broadening and deepening reflection on the following fields: analysis and promotion of integration; publications; graduate studies in integration; scholarships, and internships.
3. Co-operation shall also promote the development of common policies and the harmonisation of the legal framework, including sectoral policies such as trade, customs, energy, transport, communications, environment and competition, as well as the co-ordination of macroeconomic policies in areas such as monetary policy, fiscal policy and public finance.
4. More specifically, it may include, but not be limited to the provision of trade related technical assistance for:
(a) the consolidation and implementation of the Andean customs union;
(b) the reduction and elimination of obstacles to the development of intra-regional trade;
(c) the simplification, modernisation, harmonisation and integration of customs and transit regimes and provision of support in terms of development of legislation, norms and professional training; and
(d) the establishment of an intra-regional common market covering free movement of goods, services, capital and people, as well as other complementary measures required to guarantee its full implementation.
5. The Parties further agree that the Andean policies regarding border integration and development are an essential element for the strengthening and consolidation of the subregional and regional integration
Process.
Article 12. Regional Co-operation
The Parties agree to use all existing co-operation instruments to promote activities aimed at developing active and reciprocal co-operation between the European Union and Andean Community and between Andean countries and other countries/regions in Latin America and the Caribbean in areas such as trade and investment promotion, environment, natural disaster prevention and response, research, energy, transport, communications infrastructure and regional development and land use planning.
Article 13. Trade Co-operation
In view of their common objective to work towards establishing the conditions under which building upon the outcome of the Doha Work Programme, a feasible and mutually beneficial Association Agreement, including a Free Trade Agreement, could be negotiated between them, the Parties agree that co-operation in trade shall promote capacity-building of the Andean countries for increased competitiveness enabling a better participation in the European market and the world economy.
Given this objective, trade related technical assistance should include activities in the field of trade facilitation and customs (such as simplification of procedures, modernisation of customs administrations and training of officials), technical standards, sanitary and phytosanitary, intellectual property rights, investment, services, government procurement, dispute-settlement systems, etc. It shall foster the development and diversification of the intra-regional trade to the highest possible level, and encourage the active participation of the Andean region in the multilateral trade negotiations in the context of the World Trade Organisation.
Trade related technical assistance should also foster the identification and elimination of obstacles that prevent the development of trade.
An additional purpose may be to promote and support, among others, the following activities:
- Trade promotion activities, including adequate exchanges between enterprises from both sides;
- Trade missions;
- Market analysis;
- How to best adapt the local production to the demand of external markets.
Article 14. Co-operation In the Field of Services
The Parties agree to strengthen their co-operation in the field of services, in conformity with the rules of General Agreement on Trade and Services (GATS), reflecting the increasing importance of services for the development and diversification of their economies. Increased co-operation shall be aimed at improving the competitiveness of the Andean Community services sector and facilitating its increased participation in world trade in services in a manner consistent with sustainable development. The Parties shall identify the services sectors on which co-operation will centre. Activities shall be geared, among other things, to the regulatory environment, as well as to access to sources of capital and technology.
Article 15. Co-operation on Intellectual Property
The Parties agree that co-operation in this field shall be aimed at promoting investment, technology transfer, dissemination of information, cultural and creative activities and related economic activities as well
As access and benefits sharing. Both Parties undertake to grant, within their respective laws, regulations and policies, adequate and effective protection of intellectual property rights in accordance with the highest international standards.
Article 16. Co-operation on Public Procurement
The parties agree that co-operation in this field shall aim to promote reciprocal, open, non-discriminatory and transparent procedures for respective government and public sector procurement at all levels.
Article 17. Co-operation In the Field of Competition Policy
The Parties agree that co-operation in the field of competition policy shall promote the effective establishment and application of competition rules as well as the dissemination of information in order to foster transparency and legal certainty for enterprises operating in the Andean Community market.
Article 18. Customs Co-operation
1. The Parties agree that co-operation in this field shall be aimed at guaranteeing compliance with the provisions of the World Trade Organisation in connection with trade and sustainable development and achieving compatibility of the customs system of both Parties in order to facilitate trade between the Parties.
2. Co-operation may include the following:
(a) simplification and harmonisation of import and export documentation based on international standards, including use of simplified declarations;
(b) improvement of customs procedures, through methods such as risk assessment, simplified procedures for entry and release of goods, granting of authorised trader status, using electronic data interchange (EDI) and automated systems;
(c) measures to improve transparency and appeal procedures against customs decisions and rulings;
(d) mechanisms to ensure regular consultation with the trade community on import and export regulations and procedures.
3. The Parties agree to study, within the institutional framework established by this Agreement, the conclusion of a mutual assistance protocol on customs matters.
Article 19. Co-operation on Technical Regulations and Conformity Assessment
1. The Parties agree that co-operation on standards, technical regulations and on conformity assessments is a key objective for the development of trade, in particular with regard to intra-regional trade.
2. Co-operation between the Parties shall promote efforts in:
(a) regulatory co-operation;
(b) alignment of technical regulations on the basis of international and European standards; and
(c) creating a regional notification system, a network of conformity assessment bodies operating on
A non-discriminatory basis and developing the use of accreditation.
3. In practice, co-operation shall:
(a) provide organisational and technical support to foster the establishment of regional networks and bodies, and increase co-ordination of policies to promote a common approach to the use of international and regional standards with a view to promoting the adoption of compatible technical regulations and conformity assessment procedures;
(b) encourage any measures aimed at bridging the gap between the Parties in the areas of conformity assessment and standardisation, notably the exchange of information on standards and conformity assessment and type-approval; and
(c) encourage any measures designed to improve the compatibility of the respective systems of the parties in the above areas including transparency, good regulatory practices and the promotion of quality standards for products and business practices.
Article 20. Industrial Co-operation
1. The Parties agree that industrial co-operation shall promote the modernisation and restructuring of Andean industry and individual sectors, as well as industrial co-operation between economic operators, with the objective of strengthening the private sector under conditions that ensure that the environment is protected.
2. Industrial co-operation initiatives shall reflect the priorities determined by both Parties. They shall take into account the regional aspects of industrial development, promoting trans-national partnerships where relevant. Initiatives shall seek in particular to establish a suitable framework for improving management know-how and promoting transparency as regards markets and conditions for business undertakings.
Article 21. Co-operation In the Field of Small and Medium-sized and Micro-enterprise Development
The Parties agree to promote a favourable environment for the development of small and medium-sized and micro-enterprises, in particular by: