PURPOSE: to conclude the Political Dialogue and Cooperation Agreement with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama with the exception of provisions on readmission of illegal migrants.

NON LEGISLATIVE ACT: Council Decision 2014/211/EU on the conclusion on behalf of the European Union of the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, with the exception of Article 49(3).

BACKGROUND: the EU – Central America Political Dialogue and Cooperation Agreement was signed on 15 December 2003, subject to its conclusion at a later date. All Contracting Parties to the Agreement, including all the Member States of the Union at the time of the signing of the Agreement, have now deposited their instruments of ratification, with the exception of the Union.

Article 49(3) of the Agreement sets out the obligations for the Contracting Parties on readmission of illegal migrants . As a consequence, that provision falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU), and in particular Article 79(3) thereof, as well as Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice and Protocol (No 22) on the position of Denmark, both annexed to the Treaty on European Union and to the TFEU, apply.

The Agreement should be approved with the exception of Article 49(3). A separate decision on the conclusion of Article 49(3) of the Agreement is adopted in parallel to this Decision.

CONTENT : with this Decision, the Council concluded, with Parliament’s approval, the Agreement negotiated in 2003 between the EC and Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, on the strengthening of political dialogue and cooperation.

The text of the Agreement is presented in accordance with the 2003 version.

Objective : the main objective of the Agreement is to consolidate the political dialogue and economic cooperation process built up between the Parties under the San Jose Dialogue. The clause regarding respect for democratic principles, human rights and rule of law constitute essential parts of the Agreement.

Main provisions : the Agreement aims to:

· consolidate the political dialogue and economic cooperation process built up between the Parties under the San Jose Dialogue initiated in 1984 and renewed in Florence in 1996 and in Madrid in 2002;

· strengthen the programme of cooperation governed by the Framework Cooperation Agreement between the European Economic Community and the Republics concerned;

· promote sustainable development in both regions through a development partnership involving all relevant stakeholders, including civil society and the private sector;

· establish cooperation on various issues including external policy and migration issues. The Agreement shall also prepare the way for new initiatives for pursuing common goals and establishing common ground in areas such as human rights, democracy, good governance, conflict prevention, modernisation of public administration, regional integration, cooperation in the field of services, intellectual property, public procurement, competition, customs cooperation etc. With regard to provisions on migration, the Parties have included a clause on readmission and illegal immigration. A new Agreement includes provisions on the fight against terrorism, drugs, money laundering and organised crime.

The Agreement does not contain a trade component .

Territorial provisions : in a declaration, it is stated that the provisions of the 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 Central American 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.

ENTRY INTO FORCE: 16.04.2014. The date of entry into force of the Protocol will be published in the Official Journal by the General Secretariat of the Council.

Decision 2014/211
OJ L 111 15.04.2014, p. 0004

Results of vote in Parliament

The European Parliament adopted a legislative resolution on the draft Council decision on the conclusion on behalf of the European Union of the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, with the exception of Article 49(3) thereof.

Parliament gave its consent to the conclusion of the Agreement.

T7-0135/2014

The Committee on Foreign Affairs adopted the report by José Ignacio SALAFRANCA SÁNCHEZ-NEYRA (EPP, ES) on the draft Council decision on the conclusion on behalf of the European Union of the Political Dialogue and Cooperation Agreement between the European Community and its Members States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, with the exception of Article 49(3) thereof.

The committee recommended the European Parliament to give its consent to the conclusion of the Agreement. The text aims to:

consolidate the political dialogue and economic cooperation process built up between the Parties under the San Jose Dialogue initiated in 1984 and renewed in Florence in 1996 and in Madrid in 2002; strengthen the programme of cooperation governed by the Framework Cooperation Agreement between the European Economic Community and the Republics concerned; promote sustainable development in both regions through a development partnership involving all relevant stakeholders, including 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; establish cooperation on migration issues and prepare the way for new initiatives for pursuing common goals and establishing common ground in areas such as regional integration, poverty reduction and social cohesion, sustainable development, regional security and stability, conflict prevention and resolution, human rights, democracy, good governance, migration, and the fight against corruption, illegal immigrants, counterterrorism, drugs, and small arms and light weapons.

A7-0463/2013

PE524.703

PURPOSE: to conclude the Political Dialogue and Cooperation Agreement with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the EU-Central America Political Dialogue and Cooperation Agreement (PDCA) was signed on 15 December 2003 in Rome, subject to its conclusion at a later date.

All Contracting Parties to the Agreement, including all the Member States of the Union at the time of the signing of the Agreement, have by now deposited their instruments of ratification, with the exception of the Union.

Article 49(3) of the Agreement sets out the obligations for the Contracting Parties on readmission of illegal migrants. As a consequence, that provision falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU), and in particular Article 79(3) thereof, as well as Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice and Protocol (No 22) on the position of Denmark, both annexed to the Treaty on European Union and to the TFEU, apply.

As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

The Agreement should now be approved with the exception of Article 49(3) thereof. A separate decision on the conclusion of Article 49(3) of the Agreement, will be adopted in parallel to this Decision .

LEGAL BASIS: Article 209(2), in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: this proposal calls on the Council to conclude, on behalf of the European Union, the Agreement negotiated in 2003, between the European Community and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on strengthening political dialogue and cooperation.

The draft Agreement is fully consistent with its 2003 version .

Its main aim is to institutionalise and strengthen the San Jose Dialogue process.

Respect for democratic principles and fundamental human rights as well as for the principle of the rule of law, underpins the internal and international policies of the Parties and constitutes an essential element of this Agreement.

The Agreement does not contain a trade component .

For further details of this Agreement, please refer to the summary of the Commission’s initial legislative proposal dated 13/08/2012 .

N.B. : the draft Decision comprises a specific mention as regards the provisions of the Agreement that fall within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have notified the Central American Party that the United Kingdom and/or Ireland are/is bound as part of the European Union in accordance with the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the European Union in accordance with Article 4a of Protocol No 21, the European Union together with the United Kingdom and/or Ireland shall immediately inform the Central American Party of any change in their position in which case they shall remain bound by the provisions of the Agreement in their own right. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.

12399/2013

13368/2013

PURPOSE: to conclude the Political Dialogue and Cooperation Agreement with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the EU-Central America Political Dialogue and Cooperation Agreement (PDCA) was signed on 15 December 2003 in Rome, subject to its conclusion at a later date.

All Contracting Parties to the Agreement, including all the Member States of the Union at the time of the signing of the Agreement, have by now deposited their instruments of ratification, with the exception of the Union.

Article 49(3) of the Agreement sets out the obligations for the Contracting Parties on readmission of illegal migrants. As a consequence, that provision falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU), and in particular Article 79(3) thereof, as well as Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice and Protocol (No 22) on the position of Denmark, both annexed to the Treaty on European Union and to the TFEU, apply.

As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

The Agreement should now be approved with the exception of Article 49(3) thereof. A separate decision on the conclusion of Article 49(3) of the Agreement, will be adopted in parallel to this Decision .

LEGAL BASIS: Article 209(2), in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: this proposal calls on the Council to conclude, on behalf of the European Union, the Agreement negotiated in 2003, between the European Community and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama on strengthening political dialogue and cooperation.

The draft Agreement is fully consistent with its 2003 version .

Its main aim is to institutionalise and strengthen the San Jose Dialogue process.

Respect for democratic principles and fundamental human rights as well as for the principle of the rule of law, underpins the internal and international policies of the Parties and constitutes an essential element of this Agreement.

The Agreement does not contain a trade component .

For further details of this Agreement, please refer to the summary of the Commission’s initial legislative proposal dated 13/08/2012 .

N.B. : the draft Decision comprises a specific mention as regards the provisions of the Agreement that fall within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have notified the Central American Party that the United Kingdom and/or Ireland are/is bound as part of the European Union in accordance with the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the European Union in accordance with Article 4a of Protocol No 21, the European Union together with the United Kingdom and/or Ireland shall immediately inform the Central American Party of any change in their position in which case they shall remain bound by the provisions of the Agreement in their own right. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.

12399/2013

PURPOSE: to conclude the Political Dialogue and Cooperation Agreement with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.

PROPOSED ACT: Council Decision.

BACKGROUND: the EU-Central America Political Dialogue and Cooperation Agreement (PDCA) was signed on 15 December 2003 in Rome.

Due to the mixed nature of this agreement, Member States had to ratify the agreement. This phase was concluded in December 2011 with the deposit of the last two outstanding ratifications.

According to the provisions of the agreement, it will enter into force one month after the deposit of this instrument of approval.

The Agreement should now be approved on behalf of the European Union.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 212(3), in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: under this Agreement, it is proposed that the Political Dialogue and Cooperation Agreement with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama be approved on behalf of the Union.

The text of the Agreement is presented in accordance with the 2003 version . It aims to:

consolidate the political dialogue and economic cooperation process built up between the Parties under the San Jose Dialogue initiated in 1984 and renewed in Florence in 1996 and in Madrid in 2002; strengthen the programme of cooperation governed by the Framework Cooperation Agreement between the European Economic Community and the Republics concerned; promote sustainable development in both regions through a development partnership involving all relevant stakeholders, including 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; establish cooperation on migration issues. The Agreement shall also prepare the way for new initiatives for pursuing common goals and establishing common ground in areas such as regional integration, poverty reduction and social cohesion, sustainable development, regional security and stability, conflict prevention and resolution, human rights, democracy, good governance, migration, and the fight against corruption, illegal immigrants, counter-terrorism, drugs, and small arms and light weapons.

The Political Dialogue Title institutionalises and strengthens the San Jose Dialogue process. The Cooperation Title is based on current cooperation with broadened coverage to include new areas of cooperation such as human rights, migration and counter-terrorism.

The new EU-Central America Agreement focuses solely on political dialogue and cooperation and does not contain a trade component .

BUDGETARY IMPLICATION: the proposal has no implications for the EU budget.

COM(2012)0454
EUR-Lex

PURPOSE: to conclude the Political Dialogue and Cooperation Agreement with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.

PROPOSED ACT: Council Decision.

BACKGROUND: the EU-Central America Political Dialogue and Cooperation Agreement (PDCA) was signed on 15 December 2003 in Rome.

Due to the mixed nature of this agreement, Member States had to ratify the agreement. This phase was concluded in December 2011 with the deposit of the last two outstanding ratifications.

According to the provisions of the agreement, it will enter into force one month after the deposit of this instrument of approval.

The Agreement should now be approved on behalf of the European Union.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 212(3), in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: under this Agreement, it is proposed that the Political Dialogue and Cooperation Agreement with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama be approved on behalf of the Union.

The text of the Agreement is presented in accordance with the 2003 version . It aims to:

consolidate the political dialogue and economic cooperation process built up between the Parties under the San Jose Dialogue initiated in 1984 and renewed in Florence in 1996 and in Madrid in 2002; strengthen the programme of cooperation governed by the Framework Cooperation Agreement between the European Economic Community and the Republics concerned; promote sustainable development in both regions through a development partnership involving all relevant stakeholders, including 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; establish cooperation on migration issues. The Agreement shall also prepare the way for new initiatives for pursuing common goals and establishing common ground in areas such as regional integration, poverty reduction and social cohesion, sustainable development, regional security and stability, conflict prevention and resolution, human rights, democracy, good governance, migration, and the fight against corruption, illegal immigrants, counter-terrorism, drugs, and small arms and light weapons.

The Political Dialogue Title institutionalises and strengthens the San Jose Dialogue process. The Cooperation Title is based on current cooperation with broadened coverage to include new areas of cooperation such as human rights, migration and counter-terrorism.

The new EU-Central America Agreement focuses solely on political dialogue and cooperation and does not contain a trade component .

BUDGETARY IMPLICATION: the proposal has no implications for the EU budget.

COM(2012)0454
EUR-Lex