Article 46. Co-operation on Displaced, Uprooted Peoples and Former Members of Illegal Armed Groups
1. The Parties agree that co-operation in support of displaced, uprooted peoples and former members of illegal armed groups shall help to meet their essential requirements from the time humanitarian aid ceases
To the adoption of a longer-term solution to resolve their status.
2. This co-operation may include, among others, the following activities:
(a) self-sufficiency and reintegration into the socio-economic fabric of displaced, uprooted peoples and former members of illegal armed groups;
(b) aid to local host communities and resettlement areas to foster acceptance and integration of displaced, uprooted peoples and former members of illegal armed groups;
(c) helping those people to voluntarily return to and settle in their countries of origin or third countries, if conditions permit;
(d) operations to help people recover their belongings or property rights as well as aid for the legal settlement of human rights violations against the people in question;
(e) strengthening the institutional capacity of countries faced with these issues;
Article 47. Co-operation In Combating Illicit Drugs and Related Organised Crime
1. On the basis of the principle of co-responsibility and complementing the European Union - Andean Community High Level Dialogue Specialised on drugs, as well as the Joint Follow-up Group on the Agreements on "precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances", the Parties agree that co-operation in this field shall aim to co-ordinate and increase joint efforts to prevent and contain the links that constitute the global problem of illicit drugs. The Parties also agree to endeavour to combat organised crime relating to this traffic, among others, through the intermediary of international organisations and bodies. The Parties agree that the Co-ordination and Co-operation Mechanism on Drugs between the European Union and Latin America and the Caribbean shall also be used for this purpose.
2. The Parties shall co-operate in this area to implement in particular:
(a) programmes to prevent drug abuse;
(b) projects to train, educate, treat and rehabilitate drug addicts;
(c) projects favouring harmonisation of legislation and action in this field in the Andean countries;
(d) joint research programmes;
(e) effective measures and co-operation activities aimed at encouraging and consolidating alternative development with the involvement of the communities concerned;
(f) measures to prevent new illicit crops and their transfer to environmentally fragile regions or areas not previously affected;
(g) the effective implementation of measures to prevent the diversion of precursors and to monitor trade in these products, equivalent to those adopted by the European Community and the competent international bodies, and in accordance with the Precursor Agreements between the European Community and each Andean country, signed on 18 December 1995 on precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances.
(h) strengthening of actions to control the traffic of weapons, ammunition and explosives.
Article 48. Co-operation In Combating Money Laundering and Related Crime
1. The Parties agree to co-operate in preventing the use of their financial systems for laundering proceeds arising from criminal activities in general and drug trafficking in particular.
2. This co-operation shall include administrative and technical assistance aimed at the development and implementation of regulations and the efficient functioning of suitable standards and mechanisms. In particular, co-operation shall allow exchanges of relevant information and the adoption of appropriate standards to combat money laundering comparable to those adopted by the European Community and the international bodies active in this area, such as the Financial Action Task Force (FATF). Co-operation at regional level shall be encouraged.
Article 49. Co-operation on Migration
1. The Parties reaffirm the importance that they attach to a joint management of migration flows between their territories. With a view to strengthening co-operation between them, they shall establish a comprehensive dialogue on all migration-related issues, including illegal migration, smuggling and trafficking in human beings, as well as the inclusion of the migration concerns in the national strategies for economic and social development of the areas from which migrants originate, also taking into consideration the historic and cultural linkages existing between both regions.
2. Co-operation shall be based on a specific needs assessment conducted in mutual consultation between the Parties and be implemented in accordance with the relevant Community and national legislation in force. It will, in particular, focus on:
(a) the root causes of migration;
(b) the development and implementation of national legislation and practices as regards international protection, with a view to satisfying the provisions of the Geneva Convention of 1951 on the status of refugees and of the 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;
(d) the establishment of an effective and preventive policy against illegal immigration, smuggling of migrants and trafficking in human beings including the issue of how to combat networks of smugglers and traffickers and how to protect the victims of such trafficking;
(e) the return, under humane and dignified conditions, of persons residing illegally, and the readmission of such persons, in accordance with paragraph 3;
(f) the field of visas, on issues identified as being of mutual interest, such as visas in the commercial academic, or cultural areas;
(g) the field of border controls, on issues related to organisation, training, best practices and other operational measures on the ground and where relevant, the provision of equipment.
3. In the framework of the cooperation to prevent and control illegal immigration, the Parties also agree to readmit their illegal migrants. To this end:
- Each Andean Country shall, upon request and without further formalities, readmit any of its nationals illegally present on the territory of a Member State of the European Union; provide their nationals with appropriate identity documents and extend to them the administrative facilities
Necessary for such purpose;
- And each Member State of the European Union shall, upon request and without further formalities, readmit any of its nationals illegally present on the territory of an Andean Country; provide their nationals with appropriate identity documents and extend to them the administrative facilities necessary for such purpose.
The Parties agree to conclude, upon request and as soon as possible, an agreement regulating the specific obligations for Member States of the European Union and the Andean countries on readmission. This agreement will also address the readmission of nationals of other countries and stateless persons.
For this purpose, the term "Parties" shall mean the European Community, any of its Member States and any Andean Country.
Article 50. Co-operation In the Field of Counter-terrorism
The Parties reaffirm the importance of the fight against terrorism and, in accordance with international conventions, relevant UN resolutions and with their respective legislation and regulations, agree to cooperate in the prevention and suppression of acts of terrorism. They shall do so in particular:
(a) in the framework of the full implementation of Resolution 1373 of the UN Security Council and other relevant UN resolutions, international conventions and instruments;
(b) by exchange of information on terrorist groups and their support networks in accordance with international and national law; and
(c) by exchange of views on the means and methods used to counter terrorism, including in technical fields and training and by exchange of experience in terrorism prevention.
Title IV. General and Final Provisions
Article 51. Resources
1. With the aim of contributing to fulfilling the co-operation objectives set out in this Agreement, the Parties commit themselves to providing, within the limits of their capacities and through their own channels, the appropriate resources, including financial resources.
2. The Parties shall take all appropriate measures to promote and facilitate the European Investment Banks activities in the Andean Community in accordance with its own procedures and financing criteria and with their laws and regulations, and without prejudice to the powers of their competent authorities.
3. The Andean Community and its Member Countries shall grant facilities and guarantees to European Community experts and exoneration of taxes on imports for co-operation activities, in accordance with the Framework Conventions signed between the European Community and each Andean country.
Article 52. Institutional Framework
1. The Parties agree to retain the Joint Committee, established pursuant to the 1983 Andean Community Co-operation Agreement and retained by the 1993 Framework Co-operation Agreement. This Committee shall meet alternatively in the European Union and the Andean Community at senior official level. The agenda for the Joint Committee meetings shall be set by mutual agreement. The Committee shall itself establish provisions concerning the frequency of its meetings, chairmanship and other issues that may
Arise, including, as appropriate, the creation of subcommittees.
2. The Joint Committee shall be responsible for the general implementation of the agreement. It shall also discuss any question affecting economic relations between the Parties, including sanitary and phytosanitary issues, including with individual Member Countries of the Andean Community.
3. A Joint Consultative Committee to assist the Joint Committee to promote dialogue with economic and social organisations of organised civil society shall be established.
4. The Parties encourage the European Parliament and Parlandino to establish an Inter-parliamentarian Committee, in the framework of this Agreement, in accordance with past practice.
Article 53. Definition of the Parties
Without prejudice to Article 49, for the purposes of this Agreement, "the Parties" shall mean the Community, its Member States or the Community and its Member States, within their respective areas of competence, as derived from the Treaty establishing the European Community, on the one hand, and the Andean Community, its Member Countries or the Andean Community and its Member Countries, on the other, in accordance with their respective spheres of competence. The Agreement shall also apply to measures taken by any State, regional or local authorities within the territories of the Parties.
Article 54. Entry Into Force
1. This Agreement shall enter into force on the first day of the month following that in which the Parties notify each other of completion of the procedures necessary for this purpose.
2. 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 depositories of this Agreement.
3. From the date of its entry into force in accordance with paragraph 1, this Agreement shall replace the Framework Co-operation Agreement of 1993 and the Rome Joint Declaration on Political Dialogue of 1996.
Article 55. Duration
1. This Agreement shall be valid indefinitely.
2. Either Party may give written notice to the other of its intention to denounce this Agreement.
3. Denunciation shall take effect six months after notification to the other Party.
Article 56. Fulfilment of the Obligations
1. The Parties shall adopt any general or specific measures required for them to fulfil their obligations under this Agreement and shall ensure that they comply with the objectives laid down in this Agreement.
2. If one of the Parties considers that the other Party has failed to fulfil an obligation under this Agreement it may take appropriate measures. Before doing so, it must supply the Joint Committee within 30 days with all the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.
In this selection of measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the Joint Committee and shall be the subject of consultations in the Committee if the other Party so requests.
3. By way of derogation from paragraph 2, any Party may immediately take appropriate measures in accordance with international law in case of:
(a) denunciation of this Agreement not sanctioned by the general rules of international law;
(b) violation by the other Party of the essential elements of this Agreement referred to in Article 1, paragraph 1.
The other Party may ask that an urgent meeting be called to bring the Parties together within 15 days for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.
Article 57. Future Developments
1. The Parties may mutually agree to extend this Agreement with the aim of broadening and supplementing its scope in accordance with their respective legislation, by concluding agreements on specific sectors or activities in the light of the experience gained during its implementation.
2. As regards the implementation of this Agreement, either Party may make suggestions designed to expand co-operation in all areas, taking into account the experience acquired during the implementation thereof.
3. No opportunities for co-operation shall be ruled out in advance. The Parties may use the Joint Committee to explore practical possibilities for co-operation in their mutual interest.
Article 58. Data Protection
The Parties agree that data protection shall be guaranteed in all areas where personal data are exchanged.
The Parties agree to accord a high level of protection to the processing of personal and other data, compatible with the highest international standards.
Article 59. Territorial Application
This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, and, on the other hand, to the territories of the Andean Community and its Member States, Bolivia, Colombia, Ecuador, Peru and Venezuela.
Article 60. Authentic Texts
This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts being equally authentic.
Attachments
1.. Declaration of the Commission and the Council of the European Union on the clause concerning the return and readmission of illegal migrants (Article 49)
Article 49 shall be without prejudice to the internal division of powers between the European Community and its Member States for the conclusion of readmission agreements.
2.. Declaration of the Commission and the Council of the European Union on the clause concerning the definition of the Parties (Article 53)
The provisions of this Agreement that fall within the scope of Part III, Title IV of the Treaty establishing the European Community bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Community, until the United Kingdom or Ireland (as the case may be) notifies the Andean Community Party that it has become bound as part of the European Community in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark.