Dick Roche (Wicklow, Fianna Fail)

EU relations with Colombia are conducted in the framework of regional relations between the EU and the Andean Community, comprising Bolivia, Colombia, Ecuador and Peru. In 2007, negotiations aimed at concluding a comprehensive association agreement between the EU and the Andean Community were formally launched. Such agreements cover all facets of relations between the EU and these countries, including political dialogue, economic co-operation and trade. However, as not all member states of the Andean Community are in a position to proceed with the negotiations on a framework agreement, the decision was taken to commence negotiations on a multi-party free trade agreement, FTA, between the EU and two member states of the Andean Community – Colombia and Peru. The negotiations were carried out by the European Commission on the basis of a mandate from the Council and they concluded on 1 March 2010.

In principle, where a free trade agreement is linked to a broader framework agreement, it does not contain political clauses, as in the case of the recent free trade agreement which the EU concluded with the Republic of South Korea. However, for the free trade agreement with Colombia and Peru, where there is no likelihood of a framework agreement being concluded in the near future, the EU required a human rights clause to be included in the FTA itself. This human rights clause constitutes an essential element of the agreement. It means that the concessions contained in the agreement may be unilaterally suspended in the event of violation by any of the signatory countries.

In addition, the free trade agreement with Colombia contains provisions that aim to improve labour and environmental protection standards. Commitments made in these areas are included in the title on trade and sustainable development. The agreement provides for a monitoring system to ensure the effective oversight and implementation of these commitments. The system will include an intergovernmental management structure and a mechanism for consultations which foresees a role for social actors through their participation in domestic advisory groups and in dedicated sessions with governmental representatives. While the details of this mechanism have yet to be agreed, it is envisaged that the structure will be put in place after the agreement enters into force.

The agreement will provide for an annual consultation with civil society organisations and the public on matters relating to the implementation of the labour and environmental aspects of the agreement. This constitutes a significant positive step and demonstrates the commitment of the Colombian authorities to engage in a more open dialogue with civil society on these important elements of the free trade agreement.

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