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EEC-Central America Framework Cooperation Agreement

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EEC-Central America Framework Cooperation Agreement

Outline of the Community (European Union) legislation about EEC-Central America Framework Cooperation Agreement

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Latin america

EEC-Central America Framework Cooperation Agreement

Document or Iniciative

Council Decision 1999/194/EC of 22 February 1999 concerning the conclusion of a framework Cooperation Agreement between the European Economic Community and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.

Framework Cooperation Agreement between the European Economic Community and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama – Exchange of letters on maritime transport – Unilateral declarations.

Summary

The Agreement, signed on 22 February 1993 in San Salvador, aims to strengthen and diversify relations between the two parties in the areas of economic, financial, commercial, social, science and technology and environmental cooperation. The parties also undertake to promote the intensification and consolidation of the Central American Integration System.

Areas of cooperation

The Agreement advocates various areas of cooperation. Economic cooperation must be of the widest possible scope, from which no field of activity is excluded in principle. The aim is to strengthen economic links while contributing to the sustainable development of the countries’ economies and raising standards of living. Key issues for achieving this objective are investment, transfers of technology, job creation, improved productivity, rural development, modernisation policies and the Central American Integration Process. Promoting technical assistance, joint ventures, contacts between businessmen, research projects and exchanges of information are recommended.

Trade cooperation is based on the most-favoured nation principle. The parties are encouraged to develop trade and carry out studies to eliminate obstacles to trade, notably non-tariff barriers. The parties undertake to support trade promotion activities and facilitate cooperation between their customs services.

In the industrial cooperation sector, the parties aim to expand and diversify the Central American countries’ production base in the industrial and service sectors. Joint business initiatives and cooperation involving small and medium-sized enterprises designed to facilitate their access to sources of capital, markets and appropriate technology are envisaged. To that end, the Agreement encourages the consolidation of networks, the use of Community promotional instruments (in particular “EC Investment Partners” – ECIP) and cooperation between businessmen.

The parties also agree to promote investment, notably through promotion and protection agreements. Training businessmen and providing technical assistance are other ways of achieving this aim. The parties must also endeavour to foster cooperation between financial institutions, encouraging exchanges of information, experience and experts.

Cooperation in science and technology is also part of the Agreement, and should be encouraged in all areas. The environment, renewable energy, tropical agriculture, nutrition, housing, communications and biotechnology are among the areas mentioned. In order to achieve this cooperation objective, the Agreement encourages training and the exchange and distribution of information.

The aim of cooperation in standards is to reduce differences in respect of weights and measures, standardisation and certification by encouraging the use of compatible systems of standards and certification.

Ensuring suitable and effective protection for intellectual and industrial property rights, including geographical designations and marks of origin, is laid down in the Agreement.

On mining cooperation, the parties have agreed to promote cooperation by encouraging the involvement of enterprises in the exploration, mining and marketing of resources, to set up activities to encourage small and medium-sized enterprises operating in the mining sector, and to exchange experience and technology.

Joint efforts are also called upon in the energy sector for planning, conservation and the efficient use of energy, and the search for new sources of energy, taking environmental implications into consideration.

Cooperation in the field of information technology and telecommunications is also included in the Agreement. The aim is to promote investment, standardisation and new information technologies.

The aims of environmental cooperation are the protection, conservation, improvement and management of the environment. Efforts must focus on water, air and soil pollution, erosion, desertification, deforestation, over-exploitation of natural resources, urban concentration and the productive conservation of wild and aquatic flora and fauna. The competent Central American bodies must be strengthened and environmental education promoted.

Biological diversity should be preserved. Cooperation in this area should take socio-economic utility, ecological conservation and the interests of indigenous populations into account.

As regards development cooperation, the parties will seek to establish a multiannual programme. Priority will be given to projects designed to meet the vital needs of the poorest of the Central American people, giving particular attention to women and to environmental problems closely linked to development dynamics. Measures should be carried out jointly to act against extreme poverty, soften the impact of the structural adjustment programmes and encourage job creation.

The Agreement also covers cooperation in agriculture, forestry and rural areas to develop trade and eliminate possible obstacles to trade, such as health, plant health, animal health and environmental measures.

Fisheries cooperation must be intensified as regards the evaluation of resources, artisanal fishing and aquaculture.

The aim of health cooperation is to improve public health, concentrating on developing joint research, transfers of technology, exchanges of experience and technical assistance. Training for basic health workers, the prevention of AIDS, mother-and-child healthcare and the prevention and treatment of cholera are particularly encouraged.

The parties also undertake to coordinate and step up their efforts to prevent, reduce and eradicate the illegal production, distribution and consumption of drugs, narcotics and psychotropic substances.

Cooperation in assistance for refugees, displaced persons and returnees is also provided for, as is the consolidation of the democratic process in Central America. To this end, the parties agree to support the organisation and monitoring of free and transparent elections, the consolidation of the rule of law, respect for human rights and the participation of the entire population without discrimination.

Another cooperation aim is Central America’s regional integration. The parties are encouraged to promote subregional and intraregional trade, upgrade regional institutions, purse joint policies and activities, and develop regional communications.

The parties also agree to cooperate in the field of government, in matters of administration and institutional organisation, including the organisation of the legal system.

Support and exchange of information are also foreseen in the areas of transport, tourism, training, and information, communication and culture.

Resources

The parties undertake to make available the requisite resources for achieving the objectives of this Agreement, including financial resources. Wherever possible, multiannual programming will be carried out and priorities determined.

The Joint Committee established pursuant to the 1985 Cooperation Agreement is retained. Its role is to see to the proper functioning and coordination of the Agreement.

The Agreement does not affect the powers of the Member States of the European Union to undertake bilateral activities with the Central American countries in the field of economic cooperation.

Duration

The Agreement is concluded for a period of five years and is renewed tacitly for successive one-year periods unless one of the parties denounces it to the other party in writing six months before the date of expiry. Denouncement by one of the Latin American countries will not affect the validity of the Agreement in respect of the other parties.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Council Decision 1999/194/EC and Framework Cooperation Agreement between the European Economic Community and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama

1.3.1999

–

OJ L 63 of 12.3.1999

Related Acts

The Political Dialogue and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, on the other part, was signed in December 2003. It will replace the 1993 agreement once it is ratified by all the parties.

EEC-Andean Community Cooperation Agreement

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EEC-Andean Community Cooperation Agreement

Outline of the Community (European Union) legislation about EEC-Andean Community Cooperation Agreement

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EEC-Andean Community Cooperation Agreement

Document or Iniciative

Framework Cooperation Agreement 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 – Exchange of letters on shipping.

Summary

This Agreement was signed on 23 April 1993 in Copenhagen between the European Economic Community and the Member States of the Cartagena Agreement referred to below as the Andean Pact. Its main objective is to consolidate, deepen and diversify relations between the Contracting Parties.

Sectors of cooperation

The Contracting Parties undertake to establish economic cooperation of the widest possible scope. The aims are to:

  • strengthen and diversify their economic links;
  • contribute to the sustainable development of their economies and standards of living;
  • encourage the expansion of trade to diversify and open up new markets;
  • encourage the flow of investment, technology transfer and reinforce investment protection;
  • raise the level of employment and improve human productivity in the work sector;
  • promote rural development and improve technological capacity;
  • support the movement towards regional integration;
  • exchange information on statistics and methodology.

To ensure successful cooperation there should be greater contacts, joint participation of Community and Andean Pact companies, technical assistance, research projects, promotion of joint ventures, exchange of information and the formation of business networks.

The Contracting Parties agree to grant each other most-favoured-nation treatment and undertake to diversify their trade. Studies have been carried out to reduce and eliminate obstacles to the development of trade, in particular those relating to customs tariffs. Mutual consultation procedures may be introduced. The Contracting Parties undertake to organise trade promotion activities and cooperation between customs services.

The Contracting Parties also undertake to grant each other tax and duty exemption for temporary import of goods.

In the industrial sector the objective is to diversify the Andean countries’ productive base in the industrial and services sector, focusing on small and medium-sized companies, in order to facilitate their access to sources of capital, markets, appropriate technology and joint ventures. Increased use of the “EC Investment Partners” financial instrument, cooperation between economic operators and the setting-up of an EC-Andean Pact business council and other bodies are to be promoted.

The Agreement seeks to promote investment through investment promotion and protection agreements and other measures such as training businessmen, seminars, or technical assistance. Public and private bodies including regional financial institutions such as the “Corporación Andina de Fomento” (CAF) and the “Fondo Latinoamericano de Reservas” (FLAR) may participate in cooperation. Cooperation between financial institutions is also to be promoted through the exchange of information, experience and experts.

Scientific and technological cooperation is designed to promote permanent links and associations, the exchange of scientists and information, transfer of technology, creation of opportunities for economic, industrial and trade cooperation and technological innovation. The priority areas are:

  • advanced scientific and technological research;
  • development and management of science and technology policies;
  • protection and improvement of the environment;
  • rational use of natural resources;
  • integration and regional cooperation in science and technology;
  • biotechnology;
  • new materials.

These will be secured through training and exchange and dissemination of information.

As regards standards, the aim is to reduce differences in respect of weights and measures, standardisation and certification by promoting the use of compatible standards and systems of certification.

There should also be greater cooperation on technology transfer, through licensing, joint investment and venture capital financing. This requires the sectors of cooperation to be identified, financial resources to be mobilised, the training of qualified technological and research staff to be supported and innovation to be encouraged.

The Contracting Parties undertake to protect intellectual and industrial property rights, including geographical designations and appellations of origin.

In the mining sector, the Contracting Parties agree to promote cooperation through the involvement of companies in exploration, mining and marketing of mineral resources, the setting-up of activities to encourage small and medium-sized companies operating in the mining sector and the exchange of experience and technology.

Efforts must also be made in the energy sector on energy planning, conservation and rational use of energy and exploration of new sources of energy taking into account environmental implications.

In the field of information technology and telecommunications, standardisation, conformity testing and certification, land and space-based telecommunications, electronics and micro-electronics, information and automation, high-definition television, research and investment promotion should be encouraged.

The Contracting Parties wish to contribute to sustainable development and will endeavour to reconcile the need for economic and social development with the need for environmental protection. Particular attention will be paid to the problems of the urban environment and protection of ecosystems. Joint projects will be undertaken on public information and awareness, information exchange, studies and the development and strengthening of public and private environmental structures.

Biological diversity must be preserved and cooperation in this area must take account of the principles of socio-economic utility, ecological conservation and the interests of native peoples.

In the developmentsector, there is a need for a multiannual programme with priority being given to the poorer sections of the population and the most deprived regions and environmental issues must be taken into account in the development process.

Cooperation will also be established in the agricultural, forestry and rural sectors to increase trade and eliminate any obstacles to trade such as human and plant health, veterinary and environmental measures.

To improve health, the Contracting Parties will endeavour to develop joint research, technology transfer, exchange of experience and technical assistance. Measures will focus on the management and administration of the services concerned, development of vocational training programmes, improvement of sanitation and well-being in urban and rural areas and the prevention and treatment of AIDs.

The objective of cooperation on social development is to improve the living conditions of the poorer sections of the Andean Pact countries’ population. Technical assistance is required for social services administration, vocational training and job creation, the improvement of living conditions and hygiene, preventive health care, protection of children, and education and assistance programmes for young people and to promote the role of women.

The Contracting Parties also undertake to coordinate and intensify their efforts to prevent, reduce and abolish the production, distribution and consumption of illegal drugs.

On regional integration and cooperation, priority will be given to technical assistance, the promotion of sub-regional, regional and international trade, regional environmental cooperation, the regional institution building and support for the implementation of joint policies and regional communication.

The Contracting Parties will also cooperation on administration, institutional organisation and justice at national, regional and municipal level through exchange of information and training to improve efficiency.

Greater understanding of the nature and aims of the European Community and the Andean Pact and closer cultural ties are the aims of cooperation on information, communication and culture. Exchanges of information, cultural events, preparatory studies and technical assistance will be organised for this purpose.

In the fisheries sector, the Contracting Parties recognise the importance of achieving a convergence of their interests. Special programmes and greater participation by the private sector are advocated.

There will also be assistance and exchanges of information in the transport, tourism and training sectors.

The Agreement allows Member States of the European Union to undertake bilateral economic cooperation measures with the Andean Pact countries. However the provisions of this Agreement replace those of agreements concluded between the Member States and the Andean Pact countries where they are incompatible with, or identical to, the provisions of this Agreement.

This Agreement may be developed and improved by mutual consent according to the suggestion to be made by either Contracting Party.

Resources

The Contracting Parties undertake to make available the resources appropriate for the attainment of the objectives of this Agreement including financial resources. Multiannual programming and priority setting will be undertaken wherever possible.

To facilitate cooperation the Andean Pact countries will grant Commission experts the guarantees and facilities they require and exempt goods and services to be imported for this purpose from taxes, duties and other contributions.

The Joint Committee set up by the 1983 Cooperation Agreement and the Subcommittees on science and technology, industrial cooperation and trade cooperation will be maintained. The Joint Committee’s role is to ensure the proper functioning and coordination of the Agreement.

Duration

The Agreement is concluded for a period of five years and will be renewed tacitly on a yearly basis unless either of the Parties denounces it in writing to the other Party six months before its expiry.

Background

Prior to the conclusion of this Agreement the Community and the Andean Pact countries signed a Cooperation Agreement in 1983, the Rome Declaration was adopted on 20 December 1990 and final communiqués were issued in Luxembourg on 27 April 1991 and by the ministerial conference in Santiago on 29 May 1992.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Framework Cooperation Agreement 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 – Exchange of letters on shipping 1 May 1998 – OJ L 127 of 29 April 1998

Related Acts

In December 2003 the Contracting Parties signed a Political Dialogue and Cooperation Agreement, which will replace the 1993 Agreement once it has been ratified.

Interregional Framework Cooperation Agreement between the European Community and Mercosur

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Interregional Framework Cooperation Agreement between the European Community and Mercosur

Outline of the Community (European Union) legislation about Interregional Framework Cooperation Agreement between the European Community and Mercosur

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Latin america

Interregional Framework Cooperation Agreement between the European Community and Mercosur

Acts

Council Decision 1999/279/EC of 22 March 1999 concerning the conclusion on behalf of the European Community, of the interregional framework cooperation agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part.

Interregional Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part.

Summary

Having concluded bilateral agreements with Brazil, Paraguay, Uruguay and Argentina, the European Community has also concluded an Interregional Framework Agreement with Mercosur.

Based on democratic principles and fundamental rights, its objective is to strengthen existing relations between the Parties and to lay the foundations for an Interregional Association. It covers trade and economic matters, cooperation and other fields of mutual interest.

Regular political dialogue has been instituted to advance the establishment of an Interregional Association. Its objective is to ensure closer consultation on bilateral and multilateral issues by coordinating the Parties respective positions within the relevant international organisations. There will be exchanges of information at regular meetings at ministerial and senior official level. Full use is also to be made of diplomatic channels.

In the field of trade, closer relations will be forged to prepare for subsequent gradual and reciprocal liberalisation of trade. Regular dialogue on trade and economic matters has been established. The main areas of cooperation are:

  • market access, liberalisation of trade and trade disciplines;
  • trade relations with non-member countries;
  • the compatibility of trade with WTO rules;
  • the identification of sensitive and priority products;
  • cooperation and exchanges of information on services.

On agricultural and industrial products the Parties agree to cooperate to approximate their policies on quality and conformity recognition. They will consider beginning negotiations on mutual recognition agreements.

In the customs field, the objective is to cooperate to strengthen customs infrastructure and improve its operation in order to consolidate the legal framework for trade relations. Statistical matters and intellectual property are two more fields of trade cooperation which is aimed at promoting investment, technology transfer and trade by preventive distortions of trade through appropriate and effective protection of intellectual property rights.

In the field of economic cooperation, the Parties will encourage regional cooperation wherever it will result in more rational and efficient use of available resources and a better outcome. No sector is excluded, although some areas are expressly mentioned. These are energy, transport, telecommunications and information technology, environmental protection, science and technology, business cooperation and investment promotion.

In the transport field, cooperation will be used to help restructure and modernise transport systems and find solutions to problems involved in moving people and goods using all modes of transport. Cooperation will take the form of exchanges of information and training programmes.

In order to encourage integration cooperation will underpin Mercosur’s objectives; operations will be examined in the light of its specific requests. Cooperation will take any form that is appropriate, but will focus on exchanges of information, training, institution building, studies and joint projects and technical assistance. Closer institutional cooperation is also desirable.

Other areas of cooperation are:

  • training and education, where the Parties will seek to improve education and training relating to regional integration for young people, vocational training, and cooperation between universities and businesses focusing on links between specialist bodies, agreements between training centres and the organisation of meetings between educational establishments;
  • communication, information and culture, where the aim is to promote mutual understanding and strengthen cultural ties;
  • combating drug trafficking.

The Parties undertake to provide the requisite resources and encourage the European Investment Bank to give greater help to Mercosur to attain these objectives.

Under the institutional framework a Cooperation Council will be set up to oversee the Agreement’s implementation and will meet regularly at ministerial level. It will be assisted by a Joint Cooperation Committee, which will meet once a year. A Joint Subcommittee on Trade has also been set up.

The Agreement has been concluded for an indefinite period and may be extended if the Parties wish to do so. If either Party considers that the other Party has failed to fulfil an obligation it may take the appropriate measures.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Council Decision 1999/279/EC [adoption consultation CNS/1995/0261] 01.07.1999 – OJ L 112 of 29.04.1999

Related Acts

Communication from the Commission to the Council and the European Parliament – The European Community and Mercosur: An Enhanced Policy [COM(1994) 428 final – Not published in the Official Journal].

Bilateral framework agreements for cooperation with the Mercosur countries

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Bilateral framework agreements for cooperation with the Mercosur countries

Outline of the Community (European Union) legislation about Bilateral framework agreements for cooperation with the Mercosur countries

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Latin america

Bilateral framework agreements for cooperation with the Mercosur countries

Acts

Council Decision 95/445/EC of 30 October 1995 concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Federative Republic of Brazil

Council Decision 92/509/EEC of 19 October 1992 concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Republic of Paraguay

Council Decision 92/205/EEC of 16 March 1992 concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Eastern Republic of Uruguay

Council Decision 90/530/EEC of 8 October 1990 concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Argentine Republic

Summary

The Argentine Republic was the first of the four countries to formalise its relations with the European Union with a trade and economic cooperation agreement that entered into force in 1991. This is why the agreement covers fewer areas than the other three.

The basic principles of the agreements include respect for democracy and human rights and the strengthening of regional integration. In all four agreements, the parties grant each other most-favoured-nation treatment.

For Argentina, attention focuses on:

  • trade cooperation, to develop and diversify trade;
  • economic cooperation, excluding no field from the outset and including specifically scientific and technical cooperation, energy, protection of the environment and natural resources, regional integration and industrial standardization. The aim is to encourage the development and prosperity of industries, open up new sources of supply and new markets and promote scientific and technological progress;
  • agricultural cooperation, focusing on the development of trade in agricultural products and health measures;
  • industrial cooperation.

The second agreement to enter into force was the agreement with the Republic of Paraguay, in 1992. It covers all the points mentioned for Argentina but adapts them to the needs of the country. As regards economic cooperation, the aims are to strengthen economic links, enhance trade, promote cooperation between economic operators, improve standards of living, encourage investment flows, etc. This type of cooperation applies to services, intellectual and industrial property, the management of natural resources, environmental protection, agriculture, industry, energy and the mining sector.

As regards trade cooperation, the parties undertake, beyond diversifying trade, to examine ways of eliminating barriers and exchanging information. The agreement also contains an article on the arrangements applicable to this type of cooperation. Moreover, temporarily imported goods are exempt from duties and taxes, in the same way as for Uruguay and Brazil.

The objectives of agricultural cooperation are the same as for Argentina. As regards trade cooperation, the need to examine ways of eliminating non-tariff barriers was added. In the industrial field, the aim is to diversify the country’s productive base.

Cooperation on the environment aims at resolving problems linked to water, soil and air pollution, erosion, desertification, deforestation and overexploitation of natural resources. The parties therefore encourage the productive conservation of flora and fauna, and the conservation of tropical forests and national parks.

Another area of interest is science and technology; the parties want to boost Paraguay’s technological capabilities by fostering broad cooperation between the two parties.

Regional integration is another aim of the agreement which, without excluding any sphere of action, gives express consideration to environmental cooperation at regional level, the development of intra-regional trade, the strengthening of regional institutions, support for the development of common policies and activities and regional communications.

Development cooperation aims at strengthening and speeding up Paraguay’s economic and social development, attaching particular importance to rural development.

The fight against drugs, training, public health, investment, tourism, government service and information, communication and culture are other areas of EU-Paraguay cooperation.

The agreement with Uruguay entered into force in 1994 and comprises all the areas of cooperation listed in the agreement with Paraguay, except for the fight against drugs and development cooperation. It does, however, include an article on cooperation on social development.

Economic cooperation does not exclude any area from the outset and aims at diversifying economic ties, boosting economies and standards of living, creating new jobs, encouraging rural development, promoting depressed border areas, supporting the Mercosur integration process, etc.

The objectives of cooperation in the fields of trade, agriculture, the environment and industry are the same as for Paraguay. As regards cooperation on regional integration, health matters and the transfer of experience were added to the areas already mentioned for Paraguay.

Cooperation on science and technology focuses on facilitating the mobility and exchange of scientists, establishing permanent links, fostering the transfer of technology, creating links between research centres, stimulating innovation and creating economic cooperation opportunities.

Cooperation on social development aims to improve the standard of living and quality of life of the most underprivileged sections of the population, and includes technical assistance.

The framework agreement with Brazil entered into force in 1995. Cooperation is strengthened particularly in the areas of trade, investment, finance and technology. The agreement with Brazil adds the following to the cooperation areas covered by the agreements signed with the other countries: standards, information technology, telecommunications and space technology, transport, energy, the mining, forestry and rural sectors, fisheries, technological development and intellectual property.

The areas covered by economic cooperation are industry, the use of natural resources against a background of sustainable development, industrial property, health and plant health regulations, services in general and information on monetary matters.

Cooperation on standards aims to reduce existing differences in respect of weights and measures, standardisation and certification by promoting the use of available systems of standards and certification.

Cooperation in the area of air, road and rail transport centres on the interchange of information, training programmes and technical assistance.

Several areas of common interest are highlighted in the article on information technology, telecommunications and the use of space technology. The article covers, inter alia, earth and space-based telecommunications, electronics and microelectronics, computerisation and automation, and high-definition television.

As regards the environment, the aim is to reconcile the need for economic and social development with need for due protection of nature, devoting particular attention to the most disadvantaged sections of the population, urban environmental problems and the protection of ecosystems.

In order to contribute to regional integration and cooperation, measures must be taken with regard to technical assistance, the promotion of inter-regional trade, support for regional institutions and the preparation of studies. Certain areas, such as telecommunications and the environment, can be opened up for participation by other countries in the region.

Joint Cooperation Committee and duration

The four agreements establish a Joint Cooperation Committee consisting of representatives from both parties. The Committee ensures the proper functioning of the agreement and makes recommendations. Things are a little different in the case of Brazil, since the Joint Committee already existed and the agreement merely retained it.

The agreements are concluded for an initial period of five years and are renewed tacitly thereafter unless one of the parties denounces them in writing six months before the date of expiry. The agreements all include a future developments clause, enabling the parties to expand the content of the agreements.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Council Decision 95/445/EC (Brazil) [adoption: consultation CNS/1992/1204] 01.11.1995 – Official Journal L 262 of 1.11.1995
Council Decision 92/509/EEC (Paraguay) 01.11.1992 – Official Journal L 313 of 30.10.1992
Council Decision 92/205/EEC (Uruguay) 01.11.1994 – Official Journal L 94 of 8.4.1992
Council Decision 90/530/EEC (Argentina) 01.08.1991 – Official Journal L 295 of 26.10.1990

Related Acts

On 22 March 1999, the Council concluded in the name of the European Community the Interregional Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part.

Part-time working

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Part-time working

Outline of the Community (European Union) legislation about Part-time working

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social dialogue and employee participation

Part-time working

Document or Iniciative

Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time working concluded by UNICE, CEEP and the ETUC. [See amending acts].

Summary

The purpose of the Directive is to implement the framework agreement on part-time work concluded on 6 June 1997 by the general cross-industry organisations (UNICE, CEEP, ETUC).

Content of the framework agreement

The purpose of the agreement is to eliminate discrimination against part-time workers * and to improve the quality of part-time work. It also aims to facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organisation of working time in a manner which takes into account the needs of employers and workers.

The agreement applies to part-time workers who have an employment contract or employment relationship as defined by the laws, collective agreements or practices in force in each Member State.

Employment conditions

In respect of employment conditions, part-time workers may not be treated in a less favourable manner than comparable full-time workers * solely because they work part-time, unless different treatment is justified on objective grounds.

The social partners and/or Member States after consulting the social partners may, where appropriate, make access to particular conditions of employment subject to a period of service, time worked or earnings qualification.

Access to part-time work

The social partners and/or Member States after consulting the social partners should identify and review obstacles which may limit the opportunities for part-time work and, where appropriate, eliminate them.

Needs of employers and workers

A worker’s refusal to transfer from full-time to part-time work or vice versa should not in itself constitute a valid reason for dismissal.

Wherever possible, employers should give consideration to:

  • requests by workers to transfer from full-time to part-time work that becomes available in the establishment;
  • requests by workers to transfer from part-time to full-time work or to increase their working time should the opportunity arise;
  • the provision of timely information on the availability of part-time and full-time jobs in the establishment;
  • measures to facilitate access to part-time work at all levels of the enterprise;
  • the provision of appropriate information to workers’ representatives about part-time working in the enterprise.

More favourable provisions

Member States and/or social partners can maintain or introduce more favourable provisions than set out in the agreement. Implementation of the provisions of the agreement does not constitute valid grounds for reducing the general level of protection afforded to workers in the field of the agreement.

Background

Member States must bring into force the laws, regulations and administrative provisions necessary to comply with the Directive within two years of its entry into force, or ensure that the social partners have, by that date, introduced the necessary measures by agreement. Member States may have a maximum of one more year, if necessary to take account of special difficulties or implementation by a collective agreement. They must inform the Commission forthwith in such circumstances.

Directive 98/23/EC extends Directive 97/81/EC to the United Kingdom.

Key terms used in the act
  • Part-time worker: an employee whose normal hours of work, calculated on a weekly basis or on average over a period of employment of up to one year, are less than the normal hours of work of a comparable full-time worker.
  • Comparable full-time worker: a full-time worker in the same establishment having the same type of employment contract or relationship, who is engaged in the same or a similar work/occupation.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 97/81/EC 20.1.1998 20.1.2000 OJ L 14 of 20. 1. 1998
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 98/23/EC 25.5.1998 7.4.2000 OJ L 131 of 5. 5. 1998

Fixed-term work

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Fixed-term work

Outline of the Community (European Union) legislation about Fixed-term work

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social dialogue and employee participation

Fixed-term work

Document or Iniciative

Council Directive 99/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP.

Summary

The agreement covers only working conditions for fixed-term employees; statutory social security schemes are the prerogative of the Member States.

The agreement concerns fixed-term workers (including seasonal workers) with the exception of workers placed at the disposal of a user undertaking by a temporary employment agency. However, the parties intend to adopt a similar agreement to cover temporary employment.

Moreover, the Member States may provide that this agreement does not apply to:

  • initial vocational training relationships and apprenticeship schemes;
  • employment contracts and relationships which have been concluded within the framework of a specific public or publicly-supported training, integration and vocational retraining programme.

The principle of non-discrimination

The agreement forbids employers to treat fixed-term workers in a less favourable manner than permanent workers solely because they have a fixed-term contract, unless the difference in treatment can be justified on objective grounds.

The agreement aims to improve the quality of fixed-term work by ensuring application of the principle of non-discrimination, and to prevent abuse arising from the use of successive fixed-term employment contracts or relationships.

Preventing the abuse of fixed-term work

To prevent abuse arising from the use of successive fixed-term employment contracts or relationships, the Member States, after consultation with the social partners, must introduce one or more of the following measures (taking account of the needs of specific sectors and categories of workers):

  • objective reasons justifying the renewal of such contracts or relationships;
  • the maximum total duration of successive fixed-term employment contracts and relationships;
  • the number of renewals.

Training opportunities

As far as possible, employers should facilitate access by fixed-term workers to training opportunities to enhance their skills, career development and occupational mobility.

Workers’ representatives

Fixed-term workers must be taken into consideration in calculating the threshold above which workers’ representative bodies may be constituted.

Penalties for infringements by employers

Member States must determine the penalties applicable for infringements of national implementing provisions.

Fixed-term work and SMEs

Regarding the application of the Directive to SMES, special care has been taken to avoid imposing administrative, financial and legal constraints in a way which would hold back their development. According to the Commission, several clauses of the agreement refer to national laws, collective agreements or practice and/or to the social partners regarding the arrangements for their application, allowing the special needs of SMEs to be taken into account.

Application

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 July 2001 at the latest, or shall ensure that the social partners have put the necessary measures into place by this date at the latest. Member States may have a maximum of one more year to take account of special difficulties or implementation by a collective agreement. The Commission must, however, be made aware of the circumstances.

Implementation of this Directive cannot justify any reduction in the general level of protection afforded to workers in the field of the Directive. Member States may, however, introduce more favourable provisions than those set out in the Directive.

Background

Fixed-term employment contracts were the subject of a Commission proposal for a Council directive dated 29 June 1990 [Official Journal C 224 of 08.09.1990]. Parliament delivered its opinion on the proposal on 24 October 1990 [Official Journal C 295 of 26.11.1990].

In the absence of agreement in the Council, the Commission decided to consult the social partners under Article 3 of the Agreement on Social Policy. During the first consultation, the social partners stressed the need to combat discrimination of workers affected by new, flexible forms of work.

At the end of the second round of consultation, the social partners decided to begin negotiations in this area.

In parallel, on 19 June 1996, the UNICE, the CEEP and the ETUC concluded a framework agreement on part-time work, implemented by Directive 97/81/EC of 15 December 1997. In the preamble to this agreement, the contracting parties announced their intention to consider the need for similar agreements relating to other flexible forms of work. On 18 March 1999 they concluded a framework agreement on fixed-term work, which is implemented by this Directive.

The Commission felt that it was necessary to establish a balanced and flexible framework, compatible with the continued increase in fixed-term contracts, while preventing their abuse.

On 6 May 1999 Parliament adopted a resolution on the Commission’s proposal in which it called on the Council to approve the framework agreement on fixed-term work [not published in the Official Journal]. Nonetheless, Parliament regretted to note that the agreement covers only successive employment relationships, that the rules designed to prevent abuse through successive fixed-term contracts contain no qualitative or quantitative obligations, and that no provision is made for priority access to jobs created or for these workers to have access to appropriate vocational training.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 99/70/EC 10.07.1999 10.07.2001 L 175 of 10.07.1999

Related Acts

Council Directive 97/81/EC of 15 December 1997 on the framework agreement on part-time working concluded by UNICE, CEEP and the ETUC. [Official Journal L 14 of 20.01.1998].

Parental leave and leave for family reasons

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Parental leave and leave for family reasons

Outline of the Community (European Union) legislation about Parental leave and leave for family reasons

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social dialogue and employee participation

Parental leave and leave for family reasons

The Directive makes the framework agreement on parental leave concluded between the general cross-industry organisations compulsory. It also asks the Member States to lay down penalties for infringements of national measures taken in implementation of the Directive.

Document or Iniciative

Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC [Amending acts].

Summary

The framework agreement on parental leave concluded on 14 December 1995 between the general cross-industry organisations (UNICE, CEEP and the ETUC), annexed to the Directive, is made compulsory.

Content of the framework agreement

The framework agreement provides for:

  • male and female workers to have individual entitlement to parental leave on the grounds of the birth or adoption of a child, enabling them to take care of the child for at least three months;
  • the conditions of access to, and procedures for applying, parental leave to be defined by law and/or collective agreement in the Member States, subject to compliance with the minimum requirements of the agreement;
  • the Member States and/or social partners to take the necessary measures to protect workers against dismissal on the grounds of an application for, or the taking of, parental leave;
  • workers to have the right to return to the same job at the end of parental leave or, if that is not possible, to an equivalent or similar job consistent with their employment contract or relationship;
  • the maintenance of rights acquired or in the process of being acquired by the worker on the date on which parental leave starts; at the end of the period of leave, those rights will apply;
  • the Member States and/or the social partners to take the necessary measures to allow workers to take time off from work, in accordance with national legislation, collective agreements and/or practice, for unforeseeable reasons arising from a family emergency in the event of sickness or accident making the immediate presence of the worker indispensable.

More favourable provisions

The Member States may introduce more favourable provisions than those laid down in the Directive.

Implementation of the provisions of the Directive will not in any way constitute sufficient grounds to justify a reduction in the general level of protection afforded to workers in the field covered.

Sanctions

The Member States are to determine the range of penalties applicable for infringements of national provisions pursuant to the Directive, and are to take all the necessary steps to ensure their implementation. The penalties applied must be effective and commensurate with the infringement, and must constitute a sufficient deterrent.

Context

The objective of the Directive is to introduce minimum requirements on parental leave and time off from work on grounds of force majeure. It aims to reconcile occupational and family obligations and to promote equal opportunities and equal treatment for men and women.

This Directive shall be repealed on 8 March 2012. It shall be replaced by Directive 2010/18/EU on the application of the revised framework agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 96/34/EC

3.6.1998

3.6.1998

L 145 of 19.6.1996
Amending acts Entry into force Deadline for transposition in the Member States Official Journal

Directive 97/75/EC

15.12.1999

15.12.1999

L 10 du 16.1.1998

Related Acts

Report from the Commission on the implementation of Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC [COM(2003) 358 final – Not published in the Official Journal].

The Commission describes the situation as regards transposition of Directive 96/34/EC in the Member States, based on information provided by the Member States in accordance with the Directive. The report takes stock of how the Directive has been implemented from the point of view of scope, age of children, length of parental leave and how it is taken, individuality and transferability between the parents, conditions and formalities, restrictions applicable to small firms, protection from dismissal and right to return, employment rights and status of workers on parental leave, and time off on grounds of force majeure.

Parental leave

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Parental leave

Outline of the Community (European Union) legislation about Parental leave

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social dialogue and employee participation

Parental leave

Document or Iniciative

Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (Text with EEA relevance).

Summary

Workers are entitled to parental leave on the birth or adoption of a child. Such leave may be taken until the child has reached an age determined by national law and/or collective agreements, but before the age of eight.

This Directive applies equally to all workers, men and women, irrespective of their type of employment contract (open-ended, fixed-term, part-time or temporary).

Parental leave shall be granted for at least a period of four months. In principle, workers should be able to take all of their leave. It should therefore not be transferable from one parent to the other. However, such transfers may be authorised on condition that each parent retains at least one of the four months of leave.

Taking of leave

The conditions of access to leave and adaptability of leave shall be defined by national law and/or collective agreements. For example, European Union (EU) States and/or social partners may:

  • adapt leave to the needs of parents and employers, by granting leave on a full-time or part-time basis, in a piecemeal way or in the form of a time-credit system;
  • make this right subject to a length of service qualification which shall not exceed one year. Where appropriate, that period shall be calculated taking account of all of the successive fixed-term contracts concluded with the same employer;
  • authorise the postponement of leave by the employer, for justifiable reasons related to the organisation;
  • authorise special arrangements to ensure the proper operation of small undertakings.

Workers wishing to take parental leave must give notice to the employer. The period of notice shall be specified in each EU country taking into account the interests of workers and of employers.

Each EU country shall also be encouraged to define additional measures and/or the specific conditions for the taking of leave by adoptive parents and parents of children with a disability or a long-term illness.

Return to work and non-discrimination

After taking parental leave, workers shall have the right to return to the same job. If that is not possible, the employer must offer them an equivalent or similar job consistent with their employment contract or employment relationship.

In addition, rights acquired or in the process of being acquired by the worker on the date on which parental leave starts:

  • shall be maintained as they stand until the end of the leave;
  • shall apply at the end of the leave, as shall all changes arising from national law, collective agreements and/or practice.

Similarly, workers shall be protected against less favourable treatment or dismissal on the grounds of an application for, or the taking of, parental leave.

All matters regarding social security and income in relation to parental leave are for determination by EU States and/or national social partners. The Agreement does not therefore contain any stipulations concerning the payment of salary or compensation during parental leave.

Finally, on their return from leave, workers must be able to request changes to their working hours and/or patterns for a set period of time. Employers shall consider and respond to such requests, taking into account both employers’ and workers’ needs.

Leave on grounds of force majeure

Workers may also request leave on grounds of force majeure for family reasons. Such leave may be requested in particular in cases of sickness or accident making the immediate presence of the worker within the family indispensable.

Context

This Directive introduces the revised Framework Agreement concluded by the European social partners on 18 June 2009. This Agreement follows the Framework Agreement of 14 December 1995 on parental leave.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2010/18/EU

7.4.2010

8.3.2012

OJ L 68 of 18.3.2010