Council Decision (EU) 2021/1764 of 5 October 2021 on the association of the Overseas Countries and Territories with the European Union including relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other (Decision on the Overseas Association, including Greenland)

• CELEX: Decision (EU) 2021/1764
• Articles: 98

Article 1 Subject matter

This Decision establishes an association of the OCTs with the Union (the ‘association’), which constitutes a partnership to support the OCTs’ sustainable development as well as to promote the values and standards of the Union in the wider world. The partners to the association are the Union, the OCTs and the Member States to which they are linked. In addition, this Decision lays down rules concerning the relations between the Union on the one hand, and Greenland and Denmark on the other.

This Decision establishes the funding programme for the association (the ‘Programme’) for the period from 1 January 2021 to 31 December 2027. It lays down the objectives of the Programme, the budget for the period from 2021 to 2027, the forms of Union funding and the rules for providing such funding as set out in Annex I.

Article 2 Territorial application

The association applies to the OCTs listed in Annex II to the TFEU, excluding the 12 UK OCTs listed in that Annex.

Article 3 Objectives, principles and values

1.   The association between the Union and the OCTs shall be based on objectives, principles and values shared by the OCTs, the Member States to which they are linked and the Union.

2.   The partners recognise each other’s rights to determine their sustainable development policies and priorities, to establish their own levels of domestic environmental and labour protection, and to adopt or amend accordingly the relevant laws and modify the relevant policies, consistently with commitment to the internationally recognised standards and agreements. In doing so, they shall strive to ensure high levels of environmental and labour protection.

3.   In implementing this Decision, the partners shall be guided by the principles of transparency, subsidiarity and the need for efficiency and shall equally address the three pillars of OCTs’ sustainable development, implementing the 2030 Agenda across all its internal and external policies in a comprehensive and strategic approach: economic development, cultural and social development and nature and environmental protection. Gender equality and the rights of girls and women should be mainstreamed into all actions as a key contribution to the successful achievement of the SDGs.

4.   The general objective of this Decision is to promote the economic and social development of the OCTs and to establish close economic relations between them and the Union as a whole. The association shall pursue this general objective by enhancing the OCTs’ competitiveness, strengthening the OCTs’ resilience, reducing their economic and environmental vulnerability and by promoting cooperation between them and other partners. Furthermore, the aim of this Decision is to preserve the existing ties between the Union on the one hand, and Greenland and Denmark on the other, acknowledging the geostrategic position of Greenland in the Arctic, and to preserve existing ties between the Union and the other OCTs, acknowledging their geostrategic positions in the Caribbean, the Indian Ocean, the Atlantic and the Pacific.

5.   In accordance with Articles 3(5) and 21 of the TEU, the specific objectives of this Decision are the following:

(a)

to foster and support cooperation with OCTs, including in addressing their major challenges and reaching the SDGs,

(b)

to support and to cooperate with Greenland in addressing its major challenges such as the raising of education level and to contribute to the capacity of the administration of Greenland to formulate and implement national policies.

6.   In pursuing the general objectives referred to in paragraph 4 and the specific objectives referred to in paragraph 5, the association shall respect the fundamental principles of liberty, democracy, human rights and fundamental freedoms, the rule of law, good governance and sustainable development, all of which are common to the OCTs and the Member States to which they are linked.

Article 4 Management of the association

Management of the association shall be conducted by the Commission and the OCTs’ authorities and, where necessary, by the Member State to which the OCT is linked, in accordance with their respective institutional, legal and financial competences.

Article 5 Mutual interests, complementarity and priorities

1.   The association shall be the framework for policy dialogue and cooperation on issues of mutual interest.

2.   Priority shall be given to cooperation in areas of mutual interest, such as:

(a)

the sustainable diversification of OCTs’ economies, including their further integration in world and regional economies; in the specific case of Greenland, the need to increase the skills of its labour force;

(b)

fostering exchange, cooperation and partnerships for accelerating the achievement of the SDGs;

(c)

education and training, public health, tourism and culture;

(d)

the promotion of a green and blue economy;

(e)

the sustainable management of natural resources, including the conservation and sustainable use of biodiversity and ecosystem services;

(f)

mitigation of climate change and adaptation to the impacts of climate change;

(g)

the promotion of disaster risk reduction;

(h)

the promotion of research, innovation and scientific cooperation activities;

(i)

digital accessibility;

(j)

the promotion of social, cultural and economic exchanges between the OCTs, their neighbours and other partners;

(k)

the social sector, mobility of the workforce, social protection systems, food safety and food security issues;

(l)

Arctic issues;

(m)

the development of regional cooperation in the Caribbean, the Indian Ocean, the Atlantic and the Pacific;

(n)

the development of intraregional cooperation in the Arctic, the Caribbean, the Indian Ocean, the Atlantic and the Pacific.

3.   Cooperation in the areas of mutual interest shall aim to promote OCTs’ self-reliance and of the development of OCTs’ capacities to formulate, implement and monitor strategies and policies set out in paragraph 2.

Article 6 Promotion of the association

1.   With an aim to strengthen their mutual relations, the Union and the OCTs shall endeavour to make the association known among their citizens, in particular by promoting the development of the links and cooperation between the authorities, academic community, civil society and businesses of OCTs on the one hand and their interlocutors within the Union on the other.

2.   OCTs shall make efforts to strengthen and promote their relations with the Union as a whole. The Member States shall support these efforts.

Article 7 Regional cooperation, regional integration and cooperation with other partners

1.   Subject to Article 3, the association shall support the OCTs in their efforts to take part in relevant international, regional and sub-regional cooperation initiatives as well as regional and sub-regional integration processes, in line with their own aspirations and in accordance with objectives and priorities defined by the competent OCTs’ authorities.

2.   To this end, the Union and the OCTs may exchange information and best practices or establish any other form of close cooperation and coordination with other partners in the context of the OCTs’ participation in regional and international organisations, where appropriate by means of international agreements.

3.   The association aims to support cooperation between the OCTs and other partners in the areas of cooperation set out in Parts II and III of this Decision. In that respect, the objective of the association is to promote the cooperation between the OCTs and the outermost regions, referred to in Article 349 TFEU, their neighbouring ACP and non-ACP states and territories  ( 19 ) . In order to achieve that objective, the Union shall improve coordination and synergies between the relevant Union programmes or instruments. The Union shall also endeavour to associate OCTs in its instances of dialogue with their neighbouring countries, whether they are ACP or non-ACP States or territories, and with the outermost regions, where appropriate.

4.   The support to OCTs’ participation in relevant regional integration organisations shall focus in particular on:

(a)

capacity building of relevant regional organisations and institutions of which OCTs are members;

(b)

regional or sub-regional initiatives such as the implementation of sectoral reform policies relating to the areas of cooperation identified in Parts II and III;

(c)

the awareness and knowledge of the OCTs on the impacts of regional integration processes in different areas;

(d)

OCTs’ participation in the development of regional markets within the framework of regional integration organisations;

(e)

cross-border investment between OCTs and their neighbours.

Article 8 Participation in European Groupings of Territorial Cooperation

In the application of Article 7(1), (2) and (3) of this Decision, the cooperation initiatives or other forms of cooperation shall also mean that governmental authorities, regional and sub-regional organisations, local authorities and, where appropriate, other public and private bodies or institutions, including public service providers, from an OCT may participate in a European Grouping of Territorial Cooperation (EGTC) subject to the rules and objectives of the cooperation activities of this Decision and those of Regulation (EC) No 1082/2006 of the European Parliament and of the Council  ( 20 ) and in accordance with the arrangements applicable to the Member State to which the OCT is linked.

Article 9 Specific treatment

1.   The association shall take into account the diversity of the OCTs in terms of economic development and their capacity to benefit fully from regional cooperation and regional integration referred to in Article 7.

2.   A specific treatment shall be established for isolated OCTs.

3.   In order to enable isolated OCTs to overcome structural and other obstacles to their development, specific treatment shall take account of their specific difficulties, inter alia , when determining the volume of financial assistance and the conditions attached thereto.

4.   St Pierre et Miquelon shall be considered to be an isolated OCT.

Article 10 General approach

1.   The association shall be based on a broad dialogue and consultations on issues of mutual interest between the OCTs, the Member States to which they are linked and the Commission, and, if appropriate, the European Investment Bank (EIB), as well as other Union institutions and bodies.

2.   The OCTs shall organise, where appropriate, a dialogue and consultations with authorities and bodies such as:

(a)

the competent local and other public authorities;

(b)

the economic and social partners;

(c)

any other appropriate body representing civil society, such as environmental partners, non-governmental organisations and bodies responsible for promoting equality between men and women.

Article 11 Actors of cooperation

1.   Actors of cooperation in the OCTs shall include:

(a)

the government authorities of the OCTs;

(b)

the local authorities within the OCTs;

(c)

public service providers and civil society organisations, such as social, business, employers’ and trade union associations, and local, national or international non-governmental organisations;

(d)

regional and sub-regional organisations.

2.   The Member States to which the OCTs are linked shall notify to the Commission the names of the governmental and local authorities referred to in points (a) and (b) of paragraph 1.

Article 12 Responsibilities of the non-governmental actors

1.   Non-governmental actors may play a role in the exchange of information and consultations concerning the cooperation, and in particular for the preparation and implementation of cooperation assistance, projects or programmes. They may receive a delegation of financial management powers for implementing such projects or programmes for the purpose of supporting local development initiatives.

2.   Non-governmental actors eligible for decentralised management of projects or programmes shall be identified by agreement between the OCT authorities, the Commission and the Member State to which the OCT is linked, taking into account the subject concerned, their expertise and field of activity. The process of identification shall be conducted in each OCT as part of the broad dialogue and consultations referred to in Article 10.

3.   The association aims to contribute to the efforts of the OCTs to strengthen civil society organisations, in particular to facilitate their creation and development, and the development of the arrangements necessary for opening their involvement in the design, implementation and evaluation of development strategies and programmes.

Article 13 Guiding principles for dialogue

1.   The Union, the OCTs and the Member States to which they are linked shall regularly engage in a comprehensive and political dialogue.

2.   The dialogue shall be conducted in full compliance with the respective institutional, legal and financial powers of the Union, of the OCTs and of the Member States to which they are linked. The dialogue shall be conducted in a flexible manner. It may be formal or informal, at an appropriate level or format and shall be conducted within the framework referred to in Article 14.

3.   The dialogue shall enable the OCTs to take part fully in the implementation of the association.

4.   The dialogue shall focus, inter alia , on specific political issues of mutual concern or of general significance for the attainment of the objectives of the association.

5.   The dialogue with OCTs, including Greenland, shall, in particular, provide the basis for broad cooperation and dialogue in areas concerning, inter alia , education, energy, climate change, nature, environment, the blue economy, natural resources, including raw materials and fish stocks, maritime transport, research and innovation, as well as the Arctic dimension of those issues, where relevant.

Article 14 Instances of dialogue of the association

1.   The association shall establish the following instances of dialogue:

(a)

an OCTs-EU forum for dialogue (the ‘OCTs-EU Forum’), which shall meet annually to bring together OCTs’ authorities, representatives of the Member States and the Commission. Members of the European Parliament, representatives of the EIB and representatives of the outermost regions shall, where appropriate, be associated with the OCTs-EU Forum;

(b)

trilateral consultations between the Commission, the OCTs and the Member States to which they are linked, which shall be held on a regular basis. Those consultations shall be organised at least four times a year on the initiative of the Commission or at the request of OCTs and of the Member States to which they are linked. Member States will be informed about the results of the consultations appropriately;

(c)

working parties, acting in an advisory capacity, which shall be set up in agreement between the OCTs, the Member States to which they are linked and the Commission,, to follow the implementation of the association, in a form appropriate to the issues to be addressed. Those working parties may be convened at the request of the Commission, of a Member State or of an OCT. They shall provide for technical discussions on matters which are of specific concern to the OCTs and the Member States to which they are linked, complementing the work that is being done in the OCTs-EU Forum and/or in the trilateral consultations.

2.   The Commission shall chair the OCTs-EU Forum, the trilateral consultations and the working parties and shall provide their secretariat. The working orientations of the trilateral consultations shall be jointly defined by the Commission, the OCTs and the Member States to which they are linked. The working orientations of the OCTs-EU Forum shall be jointly defined by the Commission, the OCTs, the Member States to which they are linked and other interested Member States.

Article 15 General principles

In the framework of the association, cooperation in the field of nature, environment, climate change and disaster risk reduction may concern:

(a)

support to the OCTs’ efforts to define and implement policies, strategies, action plans and measures;

(b)

support to the OCTs’ efforts to integrate in regional, Union and global networks and initiatives;

(c)

the promotion of sustainable use of resources and resource efficiency, and encouragement towards the decoupling of economic growth from environmental degradation; and

(d)

support to the OCTs’ efforts to act as regional hubs and centres of excellence.

Article 16 Sustainable management and conservation of biodiversity and ecosystem services

In the framework of the association, cooperation in the field of sustainable management and conservation of biodiversity, and ecosystem services may concern:

(a)

the promotion of the establishment and effective management of marine and terrestrial protected areas and improved management of existing protected areas;

(b)

the encouragement of sustainable management of marine and terrestrial resources, which contribute to protecting species, habitats and ecosystem functions outside protected areas, in particular, endangered, vulnerable and rare species;

(c)

the strengthening of conservation and sustainable use of marine and terrestrial biodiversity and ecosystems by:

(i)

addressing the wider ecosystem challenge of climate change by maintaining healthy, resilient ecosystems and fostering green and blue infrastructure and ecosystem-based approaches to mitigation of and adaptation to climate change, which often produce multiple benefits;

(ii)

strengthening capacities at a local, regional or international scale, by promoting the exchange of information, knowledge, including indigenous, traditional and local knowledge, and best practices amongst all stakeholders including public authorities, landowners, private sector, researchers and civil society;

(iii)

strengthening existing nature conservation programmes and related efforts within and outside conservation areas;

(iv)

broadening the knowledge base and filling the knowledge gaps, including quantifying the value of ecosystem functions and services and developing long-term monitoring programmes of the development of species and ecosystems;

(d)

the encouragement and facilitation of regional cooperation in order to address issues such as invasive alien species or the impacts of climate change and the sustainable conservation of oceans;

(e)

the development of mechanisms to lever resources, including payments, for ecosystem services.

Article 17 Sustainable forest management

In the framework of the association, cooperation in the field of sustainable forest management may concern the promotion of the conservation and sustainable management of forests, including their role in the conservation of the environment from erosion and desertification control, afforestation and management of timber exports.

Article 18 Integrated coastal zone management

In the framework of the association, cooperation in the field of integrated coastal zone management may concern:

(a)

the support to the efforts of the OCTs towards an effective sustainable management of marine and coastal zones in defining strategic and integrated approaches to marine and coastal zone planning and management, including support for long-term monitoring programmes;

(b)

conciliation of economic and social activities such as fisheries and aquaculture, tourism, maritime transports and agriculture with the potential of marine and coastal zones in terms of renewable energy, water resources, raw materials, whilst taking into account impacts of climate change and human activities.

Article 19 Oceans

1.   In the framework of the association, cooperation in the field of international ocean governance may concern:

(a)

the strengthening of the dialogue on issues of common interest in that field;

(b)

the promotion of marine knowledge and biotechnology, ocean energy, maritime surveillance, coastal zone management and ecosystem-based management, including through monitoring of marine ecosystems;

(c)

the promotion of integrated approaches at regional and international level;

(d)

the active promotion of good governance, best practices and responsible fisheries management in the conservation and sustainable management of fish stocks, including fish stocks of common interest and those managed by regional fisheries management organisations;

(e)

the local development of responsible fisheries processing industries;

(f)

dialogue and cooperation regarding the conservation of fish stocks, including through measures to fight illegal, unreported and unregulated fishing, and by effectively cooperating with and within regional fisheries management organisations, which shall include control and inspection schemes, incentives and obligations for a more effective management of fisheries and coastal environments in the long term.

2.   In the context of the association, and while ensuring consistency and complementarity with existing Fisheries Partnership Agreements, cooperation referred to in points (d) and (f) of paragraph 1 shall be based on the following principles:

(a)

commitment to responsible fisheries management and fishing practices;

(b)

refraining from measures or activities that are inconsistent with the principles of sustainable exploitation of fisheries resources and sustainable local development;

(c)

taking into account existing or possible future bilateral Fisheries Partnership Agreements between the Union and the OCTs, the Union and the OCTs shall aim to regularly consult each other on the conservation and management of the living marine resources and to exchange information on the ongoing state of resources within the context of the relevant instances of dialogue as provided for in Article 14.

Article 20 Sustainable water management

1.   In the framework of the association, the Union and the OCTs may cooperate in the field of sustainable water management through water policy and institution building, protecting water resources, water supplies in rural and urban areas for domestic, industrial or agricultural purposes, storage, distribution and management of water resources, the reduction of water loss and the efficient use of water and waste water management.

2.   In the field of water supply and sanitation sector, particular attention shall be given to access in under-served areas to clean and affordable drinking water supply and sanitation services and in those areas particularly exposed to natural disasters, which contribute directly to human resources development by improving the state of health and increasing productivity.

3.   Cooperation in the fields referred to in paragraph 1 shall be guided by the principle that the continuing need to extend the provision of basic services in water and sanitation to both urban and rural populations must be addressed in environmentally sustainable ways. Priority shall be given to the development of active and climate-sensitive water resource management.

Article 21 Waste management

In the framework of the association, cooperation in the field of waste management may concern the promotion of the use of the best environmental practice in all operations related to waste management. Such cooperation may also concern the reduction of waste, including ocean plastic waste, recycling or other processes of recovery, e.g. energy recovery and waste disposal.

Article 22 Energy

In the framework of the association, cooperation in the field of sustainable energy may concern:

(a)

sustainable energy production, distribution and access, in particular the development, promotion, use and storage of low-carbon energy from renewable energy sources;

(b)

energy policies and regulations, in particular the formulation of policies and the adoption of regulations guaranteeing affordable and sustainable energy tariffs;

(c)

energy efficiency, in particular the development and introduction of energy efficiency standards and the implementation of energy efficiency measures in different sectors, such as industrial, commercial, public and households, as well as accompanying educational and awareness activities;

(d)

transport, in particular the development, promotion and use of more environmentally friendly public and private transport means such as hybrid, electric or hydrogen vehicles, carpooling and cycling schemes;

(e)

town planning and construction, in particular the promotion and introduction of high environment quality standards and high energy performance in urban planning and construction; and

(f)

tourism, in particular the promotion of energy self-sufficient (renewable energy based) and green tourism infrastructures.

Article 23 Raw materials

In the framework of the association, cooperation in the field of raw materials, including rare earths, may concern the promotion of a raw material sector which is sustainable in respect of all operations related to mining and which aims to:

(a)

support an efficient and optimal use of resources;

(b)

promote responsible consumption and recycling;

(c)

develop and strengthen environmental protection at local and regional level;

(d)

support environmentally friendly handling and exploitation;

(e)

strengthen capacities, training, innovation, research and business measures for raw material exploitation and extraction on a local, regional and national level, in accordance with international labour standards;

(f)

support the sustainable management of socio-economic impacts of exploitation and extraction of raw materials;

(g)

take into account the views of stakeholders involved in raw materials activities.

Article 24 Climate change

In the framework of the association, cooperation in the field of climate change shall aim to support the initiatives of the OCTs concerning mitigation of climate change and adaptation to the adverse effects of climate change, and may cover:

(a)

the development of evidence; identification of key risks and territorial, regional and/or international actions, plans, or measures in view of adapting to climate change or mitigating its adverse effects;

(b)

contributing to partners countries’ efforts to pursue their commitments on climate change in line with the Paris Agreement;

(c)

the integration of adaptation to climate change and its mitigation in public policies and strategies;

(d)

the elaboration and identification of statistical data and indicators, essential tools for policy making and implementation; and

(e)

the promotion of the participation of the OCTs in regional and international dialogue in order to foster cooperation, including exchange of knowledge and experience.

Article 25 Disaster risk reduction

In the framework of the association, cooperation in the field of disaster risk reduction may cover:

(a)

the development or perfection of systems, including infrastructures, for disaster prevention and preparedness, including prediction and early-warning systems, with a view to reducing the consequences of disasters;

(b)

the development of detailed knowledge of the exposure to disasters and the current response capacities in the OCTs and in the regions where they are located;

(c)

the strengthening of existing measures of disaster prevention and preparation at local, national and regional levels;

(d)

the improvement of response capacities of the actors concerned, to improve their coordination, effectiveness and efficiency;

(e)

the improvement of awareness-raising amongst and access to information by the population regarding the exposure to risks, prevention, preparation and the response in the event of disaster, with due attention to the specific needs of persons with disabilities;

(f)

the strengthening of collaboration between key actors involved in civil protection;

(g)

the promotion of international disaster-risk reduction initiatives, such as the Sendai Framework for Disaster Risk Reduction 2015-2030; and

(h)

the promotion of the participation of the OCTs in regional, European and international instances in order to allow a more regular exchange of information and closer cooperation among the different partners in the event of a disaster.

Article 26 General objectives

1.   In the framework of the association, cooperation in the field of accessibility shall aim to:

(a)

ensure greater access of OCTs to global transport networks; and

(b)

ensure greater access of OCTs to information and communication technologies (ICT) and services.

2.   Cooperation as referred to in paragraph 1 may cover:

(a)

policy and institution building;

(b)

transport by road, rail, air, sea or inland waterway;

(c)

storage facilities in sea- and airports; and

(d)

security of supply for remote areas and isolated islands.

Article 27 Maritime transport

1.   In the framework of the association, cooperation in the field of maritime transport shall aim to the development and promotion of cost-effective and efficient maritime transport services in the OCTs and may concern:

(a)

the promotion of efficient and low-carbon shipments of cargo at economically and commercially viable rates;

(b)

the facilitation of greater participation of the OCTs in international shipping services;

(c)

the encouragement of regional programmes;

(d)

the support to local private sector involvement in shipping activities; and

(e)

the development of sustainable and resilient infrastructure.

2.   The Union and the OCTs shall promote shipping safety, the security of crews and the prevention of pollution.

3.   The Union and the OCTs shall promote maritime safety and security, protection of the marine environment, living and working conditions on board that are consistent with the relevant international conventions and Union legislation.

Article 28 Air transport

In the framework of the association, cooperation in the field of air transport may concern:

(a)

the reform and modernisation of the OCTs’ air transport industries;

(b)

the promotion of the commercial viability and competitiveness of the OCTs’ air transport industries;

(c)

the facilitation of private sector investment and participation; and

(d)

the promotion of the exchange of knowledge and good business practice, taking into account issues of sustainability and of mitigation of climate change.

Article 29 Air transport safety and security

In the framework of the association, cooperation in the fields of air transport safety and security shall aim to support the OCTs in their efforts to comply with the relevant Union and international standards and may cover inter alia:

(a)

the implementation of the European aviation safety system and, where relevant, of international standards;

(b)

the implementation of airport security and the strengthening of the capacity of civil aviation authorities to manage all aspects of operational security placed under their control; and

(c)

the development of infrastructures and human resources.

Article 30 ICT services

In the framework of the association, cooperation in the field of ICT services shall aim to address the digital divide and spur, in the OCTs, digital accessibility, innovation, economic growth and improvements in daily life for both citizens and businesses, including the promotion of accessibility for persons with disabilities. Cooperation shall, in particular, be directed at enhancing OCTs’ regulatory capacity and may support the expansion of ICT networks and services, including adequate and reliable electronic communications networks, in order to ensure that citizens and businesses from OCTs can benefit from digital services, through the following measures:

(a)

creation of a predictable regulatory environment that keeps pace with technological developments, stimulates growth and innovation and fosters competition and consumer protection;

(b)

dialogue on the various policy aspects regarding the promotion and monitoring of the information society;

(c)

exchange of information on standards and interoperability issues;

(d)

promotion of cooperation in the field of ICT research and in the field of ICT-based research infrastructures;

(e)

development of services and applications in fields of high societal impact;

(f)

education and training, especially for young people.

Article 31 Cooperation in research and innovation

In the framework of the association, cooperation in the field of research and innovation may cover science, energy, climate change, disaster resilience, natural resources including raw materials, and sustainable use of living resources.

It may also cover technology, including ICT, with the aim of contributing to the OCTs’ sustainable development and to promoting the OCTs’ role as regional hubs and centres of excellence as well as their industrial competitiveness. In particular, cooperation may concern:

(a)

dialogue, coordination and the creation of synergies between OCTs and Union policies and initiatives with regard to science, technology and innovation;

(b)

policy and institutional building within OCTs and concerted actions at local, national or regional level, with a view to developing science, technology and innovation activities and their application;

(c)

cooperation between legal entities from the OCTs, the Union, the Member States and third countries;

(d)

participation of individual researchers, research bodies and legal entities from OCTs in the European Framework Programmes for Research and Innovation and the Programme for the Competitiveness of Enterprises and small and medium size enterprises (COSME), also linking them to already supported activities of those programmes with the aim to ensure complementarity of activities; and

(e)

training, international mobility and exchange of researchers from OCTs.

Article 32 Youth

The association aims to strengthen the ties between young people living in the OCTs and the Union, including by promoting learning mobility of OCTs youth and by fostering mutual understanding among young people.

Article 33 Education and training

1.   In the framework of the association, cooperation in the field of education and training may cover:

(a)

the provision of high quality, inclusive education at primary, secondary and higher education level and in the field of vocational education and training; and

(b)

the support to the OCTs in defining and implementing education and vocational training policies.

2.   The Union shall ensure that educational bodies and institutes from OCTs can take part in education related cooperation initiatives of the Union on the same basis as the educational and vocational training bodies and institutes of the Member States.

Article 34 Protection of the rights of the child

1.   In the framework of the association, the Union shall ensure the comprehensive protection and promotion of the rights of the child in the OCTs, giving special attention to girls and boys who are disadvantaged, vulnerable and marginalised, to ensure that no child is left behind.

2.   The association aims to take a life-cycle approach to child development to ensure that children’s rights and needs are recognised and realised in a gender- and age-appropriate way. It acknowledges that such an approach is critical for the transition into adulthood and for human development.

Article 35 Employment and social policy

1.   The Union and the OCTs shall maintain dialogue in the field of employment and social policy in order to contribute to the economic and social development of the OCTs and the promotion of decent work in the OCTs and regions where they are located. Such a dialogue shall also aim to support the efforts of the OCTs’ authorities to develop policies and legislation in this area, taking into account the dialogue established by the OCTs with the International Labour Organisation (ILO).

2.   The dialogue in the field of employment and social policy shall mainly consist of exchange of information and best practices relating to policies and legislation in the area of employment and social policy that are of mutual interest to the Union and the OCTs. In that regard, areas such as skills development, social protection, social dialogue, equal opportunities, non-discrimination and accessibility for persons with disabilities, health and safety at work and other labour standards shall be taken into consideration.

Article 36 Public health, food safety, and food and nutrition security

In the framework of the association, cooperation in the field of public health and food safety shall aim, inter alia , to reduce the burden of communicable and non-communicable diseases and, in particular, to develop, strengthen, and maintain the OCTs’ capacity for epidemiological surveillance, monitoring, early warning, risk assessment and response to serious cross-border health threats through measures including:

(a)

actions to strengthen preparedness and response planning for health emergencies such as outbreaks of communicable diseases including through the implementation of the International Health Regulations (2005), ensure interoperability between the health sector and other sectors, and continuous delivery of critical services and products, and address challenges related to geographical remoteness;

(b)

capacity building through strengthening public health networks at regional level, facilitating exchange of information among experts and promoting adequate training, including in the field of food safety;

(c)

development of tools and communication platforms, including rapid alert systems, as well as e-learning programs adapted to OCTs’ particular needs;

(d)

actions to prevent and reduce food related outbreaks, and address food safety and food and nutrition security issues;

(e)

actions to reduce the burden of non-communicable diseases in the framework of achieving the SDGs.

Article 37 Cultural exchanges and dialogue

1.   In the framework of the association, cooperation in the field of cultural exchanges and dialogue may cover:

(a)

the self-reliant development of the OCTs, this being a process centred on people themselves and rooted in each people’s culture;

(b)

the support to the policies and measures adopted by the competent authorities of OCTs to enhance their human resources, increase their own creative capacities and promote their cultural identities;

(c)

the participation by the population in the process of development;

(d)

the development of a common understanding and enhanced exchange of information on cultural and audio-visual matters through dialogue.

2.   Through their cooperation, the Union and the OCTs shall seek to stimulate cultural exchanges between each other through:

(a)

cooperation between the cultural and creative sectors of all partners;

(b)

promotion of the circulation of cultural and creative works and operators between them;

(c)

policy cooperation in order to foster policy development, innovation, audience building and new business models.

Article 38 Audio-visual cooperation

1.   In the framework of the association, cooperation in the audio-visual field aims at promoting each other’s audio-visual productions and may cover the following actions:

(a)

cooperation and exchange between the respective broadcasting industries;

(b)

encouraging exchange of audio-visual works;

(c)

exchange of information and views on audio-visual and broadcasting policy and regulatory framework between competent authorities;

(d)

encouraging visits to and participation in international events held in each other’s territory as well as in third countries.

2.   Co-produced audio-visual works shall be entitled to benefit from any scheme for the promotion of local or regional cultural content set up in the Union, the OCTs and the Member States to which they are linked.

Article 39 Performing arts

In the framework of the association, cooperation in the field of performing arts may cover:

(a)

the facilitation of increased contacts between practitioners of performing arts in areas such as professional exchanges and training, including participation in auditions, development of networks and promotion of networking;

(b)

the encouragement of joint productions between producers of one or several Member States of the Union and one or several OCTs; and

(c)

the encouragement of the development of international theatre technology standards and the use of theatre stage signs, including through appropriate standardisation bodies.

Article 40 Protection of cultural heritage and historic monuments

In the framework of the association, cooperation in the field of tangible and intangible cultural heritage and of historic monuments aims at allowing the promotion of exchanges of expertise and best practices through:

(a)

the facilitation of exchanges of experts;

(b)

collaboration on professional training;

(c)

the awareness of the local public; and

(d)

counselling on the protection of the historic monuments and protected spaces and on the legislation and implementation of measures related to heritage, in particular its integration into local life.

Article 41 Tourism

In the framework of the association, cooperation in the field of tourism may cover:

(a)

measures aiming to define, adapt and develop sustainable tourism policies;

(b)

measures and operations to develop and support sustainable tourism;

(c)

measures aiming to integrate sustainable tourism into the social, cultural and economic life of the citizens of the OCTs.

Article 42 Fight against organised crime, trafficking in human beings, child sexual abuse, sexual exploitation, gender-based violence, terrorism and corruption

1.   In the framework of the association, cooperation in the field of organised crime may include:

(a)

the development of innovative and effective means of police and judicial cooperation, including cooperation with other stakeholders such as civil society and national human rights institutions, in the prevention of and fight against organised crime, trafficking in human beings, child sexual abuse, sexual exploitation, gender-based violence, terrorism and corruption; and

(b)

support in order to increase the efficiency of OCTs’ policies to prevent and fight against organised crime, trafficking in human beings, child sexual abuse, sexual exploitation, gender-based violence, terrorism and corruption, as well as the production, distribution and trafficking of all kinds of narcotic drugs and psychotropic substances, preventing and reducing drug use and drug-related harms, taking into account work carried out in those areas by international bodies, inter alia through:

(i)

training and capacity building in preventing and fighting organised crime, including trafficking in human beings, child sexual abuse, sexual exploitation, gender-based violence, terrorism and corruption;

(ii)

prevention including training, education and health promotion, treatment and rehabilitation of dependent drug users, including projects for the reintegration of dependent drug users into work and social environments;

(iii)

development of effective enforcement measures;

(iv)

technical, financial and administrative assistance in the development of effective policies and legislation on trafficking in human beings, in particular awareness raising campaigns, referral mechanisms and victim protection systems, involving all relevant stakeholders and civil society;

(v)

technical, financial and administrative assistance relating to the prevention, treatment and reduction of harm related to drug use;

(vi)

technical assistance to support the development of legislation and policy against child sexual abuse, sexual exploitation and gender-based violence; and

(vii)

technical assistance and training to support capacity building and encourage compliance with international anti-corruption standards notably those set out in the UN Convention against Corruption.

2.   In the framework of the association, the OCTs shall cooperate with the Union as regards combatting money laundering and the financing of terrorism in accordance with Article 72.

Article 43 Specific objectives

The objectives of trade and trade-related cooperation between the Union and the OCTs are to:

(a)

promote the economic and social development of the OCTs by establishing close economic relations between the OCTs and the Union as a whole;

(b)

stimulate the OCTs’ effective integration in the regional and world economies and the development of trade in goods and services;

(c)

support OCTs in creating a favourable investment climate to support the social and economic development of OCTs;

(d)

promote the stability, integrity and transparency of the global financial system and good governance in the area of tax;

(e)

support the process of diversification of OCTs economies;

(f)

support OCTs’ capacities to formulate and implement policies necessary for the development of their trade in goods and services;

(g)

support OCTs’ export and trading capacities;

(h)

support OCTs’ efforts to align or converge their local legislation with Union legislation, where relevant;

(i)

provide possibilities for targeted cooperation and dialogue with the Union on trade and trade-related areas;

(j)

encourage OCTs in expressing their views in the context of any relevant public consultation activities or any existing relevant tool linked to the design and impact assessment of the negotiation of free trade agreements by the Union; and

(k)

where relevant, take account of the OCTs in impact analyses accompanying the launch and negotiation of free trade agreements by the Union.

Article 44 Free access for originating goods

1.   Products originating in the OCTs shall be imported into the Union free of import duty.

2.   The definition of originating products and the methods of administrative cooperation relating thereto are laid down in Annex II.

Article 45 Quantitative restrictions and measures having equivalent effect

1.   The Union shall not apply to imports of products originating in the OCTs any quantitative restrictions or measures having equivalent effect.

2.   Paragraph 1 shall not preclude prohibitions or restrictions on imports, exports or goods in transit which are justified on grounds of public morality or public policy, the protection of health and life of humans, animals and plants, the protection of national treasures possessing artistic, historic or archaeological value, the conservation of exhaustible natural resources or the protection of industrial or commercial property.

3.   Prohibitions or restrictions referred to in paragraph 2 shall in no case constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction of trade.

Article 46 Measures adopted by the OCTs

1.   The authorities of the OCTs may retain or introduce, in respect of imports of products originating in the Union, such customs duties or quantitative restrictions as they consider necessary in view of their respective development needs.

2.   For the fields covered by this Chapter, the OCTs shall grant to the Union treatment no less favourable than the most favourable treatment applicable to any major trading economy as defined in paragraph 4.

3.   Paragraph 2 shall not preclude an OCT from granting certain other OCTs or other developing countries more favourable treatment than that accorded to the Union.

4.   For the purposes of this Title, a ‘major trading economy’ means any developed country, or any country accounting for a share of world merchandise exports above one per cent, or, without prejudice to paragraph 3, any group of countries acting individually, collectively or through an economic integration agreement accounting collectively for a share of world merchandise exports above 1,5 %. For that calculation, the latest available official data by the WTO on leading exporters in world merchandise trade, excluding intra-Union trade, shall be used.

5.   The authorities of the OCTs shall communicate to the Commission the customs tariffs and lists of quantitative restrictions which they apply in accordance with this Decision. The authorities of the OCTs shall also communicate to the Commission any subsequent amendments to such measures as and when they are adopted.

Article 47 Non-discrimination

1.   The Union shall not discriminate between OCTs and the OCTs shall not discriminate between Member States.

2.   In accordance with Article 66, the implementation of the specific provisions in this Decision and in particular its Article 45(2), Articles 46 and 49, 50 and 52 and Article 59(3) shall not be deemed to constitute a discrimination.

Article 48 Conditions for movements of waste

1.   Movements of waste between the Member States and the OCTs shall be controlled in accordance with international law, in particular the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal  ( 21 ) (Basel Convention), and Union law. The Union shall support the establishment and development of effective international cooperation in this area with a view to protecting the environment and public health.

2.   As regards those OCTs which, due to their constitutional status, are not Party to the Basel Convention, their relevant authorities shall expedite adoption of the necessary internal legislation and administrative regulations to implement the Basel Convention in their respective territories.

3.   The Member States to which OCTs are linked shall promote the adoption by the OCTs of the necessary internal legislation and administrative regulations to implement relevant Union law concerning waste and waste shipments.

4.   An OCT and the Member State to which it is linked may apply their own procedures to the export of waste from the OCT to that Member State. In such cases, the Member State to which the OCT is linked shall notify to the Commission the applicable legislation as well as any subsequent amendments to such legislation.

Article 49 Temporary withdrawal of preferences

Where the Commission considers that there are sufficient grounds to question whether this Decision is being correctly implemented, the Commission shall enter into consultations with the OCT and the Member State with which the OCT has special relations, in order to ensure the proper implementation of this Decision. If the consultations do not lead to a mutually acceptable way of implementing this Decision, the Union may temporarily withdraw preferences from the OCT concerned in accordance with Annex III.

Article 50 Safeguard and surveillance measures

In order to ensure the proper implementation of this Decision, the Union may take the safeguard and surveillance measures set out in Annex IV.