Ref. Ares(2022)4073243 - 01/06/2022
Trade Agreement between the European Union and its Member States, of the one part, and Colombia
and Peru, of the other part;
Sub-Committee on Trade and Sustainable Development
7 8 December 2016
Minutes of the meeting
1.
Progress in implementing labour and environmental provisions of the Title on Trade and Sustainable
Development:
ENVIRONMENT PROVISIONS
The EU reported on the recent Conference of the Parties of the Convention on International Trade in
Endangered Species (CITES) at which the EU participated for the first time as a ful member.
Amongst the issues discussed was the need for robust CITES control mechanisms for trade in
crocodile and caiman skins, concerning which the EU expressed interest in further discussion with
Colombia. The EU provides funding to the CITES Secretariat to enable it to carry out capacity-
building measures. Final y the EU highlighted the adoption in 2016 of an EU Action Plan Against
Wildlife Trafficking and the increased political interest in the topic.
The EU also highlighted the importance of Convention of the Parties of the Convention on Biological
Diversity (CBD), taking place in Cancun at the same time as the Sub-Commit ee meeting and its
theme of mainstreaming biodiversity in other sectors. The EU had ratified the CBD Nagoya Protocol
on Access and Benefit Sharing of Genetic Resources, as had Peru, and looked forward to its
ratification by Colombia.
Basle, Stockholm and Rotterdam
Conventions in April 2017 highlighted some specific issues in relation to each, including the objection
by Guatemala and some other countries to the listing of paraquat formulations under the Rot erdam
Convention. It emphasised the need for up to date reporting and payment of financial contributions.
the EU aims to move from a linear to a circular model of consumption and production. Regarding its
inter
China, with the participation of EU businesses. The EU has expressed interest in a similar mission to
Colombia in 2017.
The EU highlighted the recent UNEP emissions gap report which found that if global temperature
increase is to be kept below 2 degrees C global greenhouse gas emissions must peak before 2020
a narrow window of time. For this to happen investment decisions must be taken now to facilitate a
future low Carbon economy. The EU had proposed a number of important regulatory proposals in
order to implement its national y determined contribution under the Paris Agreement such as the
recent Energy Package. The EU is actively engaged in UNFCCC discussions on capacity building
and EU and its Member States were the main donors to the Adaptation Fund.
Peru and Colombia highlighted their commitment to the Paris Agreement and expressed interest in
further cooperation with the EU; the EU noted opportunities offered by the Climate Change
Technology Centre and Network, based in Copenhagen.
Peru set out the policy guidelines of the Ministry of Environment for the period 2016-2021, taking into
account the 2030 Sustainable Development Goals, as wel as the OECD framework. In the area of
environment the need to work across Ministries, dif erent levels of government (regional and local
governments) and with business and other stakeholders was emphasised. Key priorities lines are: a)
sustainable use of biological diversity, especial y forests, b) climate change adaptation and mitigation,
c) efficient management of solid waste, d) integrated coastal zone management, e) prevention and
control of pol ution and eco-efficiency, and g) adequate institutional framework.
new government.
Colombia wil report on progress in implementing the environment provisions at a later stage.
LABOUR PROVISIONS
The EU gave an update on recent ratifications of ILO Conventions and Protocols by EU Member
States, in particular the 2014 Protocol on Forced Labour, Conventions on labour inspection (C81
ratified by al Member States - and C129), employment policy (C122) and tripartite consultation
(C144).
The EU highlighted the importance of the Domestic Workers Convention (C189), noting the
vulnerability and precarious working conditions of many domestic workers, as wel as the Work in
Maritime Labour Convention (MLC 2006) which has now been ratified by almost al EU Member
States, except three landlocked Member States. The ILO Work in Fishing Convention (C188) wil be
translated in EU Law by a Directive adopted on 8 December. The EU is also actively promoting its
ratification by EU Member States.
The EU stated that EU Health and Safety is a common concern global y and is particularly important
for more quality jobs. Its relevant legislation is being reviewed in order to ensure that it remains
relevant in a changing economy and taking into account of research and new scientific knowledge,
that it is ful y consistent with ILO Conventions such as C155 and C187.
The EU was also fol owing up the 2015 ILO Recommendation on the transition from the informal to
formal economy through the establishment of a European Platform on undeclared work and
considered that this issue could be of common interest for the Parties.
Colombia explained the process of adoption of ILO Conventions and underlined that under its
Constitution international instruments which it has ratified have direct effect.
Colombia is also working hard to implement the main labour policy recommendations from the OECD.
Legislative reform and capacity building such as creation of 904 labour inspection posts had been
undertaken. Colombia was seeking to address problems linked to sub-contracting, whereby sub-
contracted workers did not enjoy the same rights as workers of the company contracting the work and
enquired about EU experience in this area. It was also seeking a solution to strengthen the col ective
negotiation of unionised workers in each sector. Social dialogue had strengthened the col ective
negotiation of public sector and labour conflict resolution at tripartite level. The latter is considered an
example of best practice; a number of countries in the region had been in contact with Colombia to
learn from the experience.
Child labour remains a concern and a National Commission to eliminate child labour was created, as
wel as a specialized labour inspection team.
Final y Colombia noted that the peace process required the creation of conditions for decent work in
rural areas, where levels of informality are currently high. A package of legislative and policy
measures is under development to help address these problems, focussing on rural areas.
Colombia has also made considerable progress in diminishing impunity and violence levels, through
the strengthening of the judicial system and the protection of trade union leaders, as reported to the
ILO.
Peru set out the priorities of the new government on labour issues, which are focused on: a) labour
formalization, b) social dialogue, c) preventing and eradication of child labour, d) preventing and
eradication of forced labour, and e) labour inspection. Likewise, the Ministry of Labour and Promotion
of Employment (MTPE) highlighted the active participation of the social actors in the National Council
of Labour and Promotion of Employment (CNTPE), which holds monthly meetings; the recent
ratification of the ILO Maternity Protection Convention (C183), and the publication of the National
Survey on Child Labour (November 2016).
2. Horizontal issues
I.
Corporate Social Responsibility (CSR)/ Responsible Business Conduct (RBC)
The EU presented its approach to CSR/RBC, based on international instruments such as those
developed by the OECD or the ILO. Reference was made to the EU Directive on Disclosure of Non-
Financial Information, which requires large companies to report on their activities or impact with
regard to issues such as labour rights, environment, human rights as wel as to the possibility of
including environmental or social criteria in public procurement under the 2014 Public Procurement
Directive. The EU participates in work on CSR/RBC in international for a, including on the garment
sector. A project to support CSR/RBC in Latin America is under development. The EU side also
reported that a legislative proposal on responsible sourcing of tin, tantalum, tungsten and gold was
expected to be adopted in the near future and of ered to present the legislation by Video Conference
once it is published. The EU also reported on a regional workshop on responsible sourcing of
minerals organised by the OECD and held in Bogota the previous week.
I Functioning of Domestic Mechanisms
The Parties described their mechanisms for consultation with civil society identified or designated
under Article 281 of the trade agreement. Colombia and Peru reiterated that they had chosen to use
existing domestic mechanisms rather than establish a specific one as the EU had done and that this
option was foreseen in Article 281. Information on these mechanisms had been provided to the EU
and was in the public domain.
The EU expressed concern that the EU mechanism did not have clear counterparts with whom to
discuss issues of common interest concerning the implementation of the agreement.
Peru considered that the Parties should respect the existing domestic mechanisms under the
framework of article 281 of the Agreement, which do not limit the coordination of the different actors
involved in issues related to the Title on Trade and Sustainable Development.
I I
Impact Assessments
A technical seminar on impact assessments was hosted by the European Commission on 6th
December, which Colombia and Peru considered to be very useful for their work in this area. The EU
indicated that it planned to carry out an evaluation of the agreement in 2018. In line with its general
policy this would cover al aspects of the agreement and economic, social and environmental
dimensions.
3. Cooperation activities within the framework of Article 286 of the Title on Trade and Sustainable
Development
During the presentations on environment and labour the EU highlighted some specific instruments
that could be used to finance activities to advance the objectives of the Trade and Sustainable
Development Title. These included the TAIEF Facility, managed by DG Environment, the regional
Euroclima programme on climate change as wel as multilateral climate change funds to which the EU
contributes and the SOCIEUX Facility, which provides technical assistance to support partner
countries and institutions to develop inclusive, effective, and sustainable employment policies and
social protection systems.
The EU stated that it intended to fund a one-day event on the trade agreement and the peace
process in Bogota at the end of February, some elements of which could be relevant to the Trade and
Sustainable Development Title.
While bilateral cooperation would be phased out after 2017, the EU expressed that Colombia and
Peru would stil have access to regional and thematic programmes as wel as the Partnership
Instrument (for activities of mutual interest with the EU). In the case of Colombia a new EU trust fund
to support the peace process had been established.
Reference was made to the list of priority topics set out in the Minutes of the second meeting of the
Sub-Committee as wel as the priorities listed in the agreement itself. The discussion in the Sub-
Committee had also highlighted a number of potential topics of common interest of which many, but
not all, coincided with the previously identified topics. Both Colombia and Peru expressed a
preference to work bilaterally with the EU rather than develop trilateral proposals. Peru requested the
EU more information related to potential cooperation activities that could be held in the near future
taking into account proposals made by Peru in 2014 and 2015 and the policy priorities presented in
the session of this Subcommit ee. Colombia emphasised its over-riding priority of framing any actions
in the context of the peace process.
4. Conclusions and Follow Up
It was agreed to follow up the meeting bilaterally within two months in order to speed up progress in
the identification and execution of cooperation activities under the Art. 286 of the Agreement, as a
step towards the development of concrete cooperation activities before the fourth meeting of the
Subcommittee.
5. Coordination prior to the public session of the Subcommittee, including agreement on the joint
statement
The parties agreed on the joint statement annexed hereto.
In accordance with Art. 282 of the Agreement a dialogue with civil society was held on 8th December, in which
the parties were represented by Art. 4.1(b)
Trade Advisor of the Ministry of Commerce, Industry and
Tourism of Colombia; Art. 4.1(b)
Director for North America of Europe of the Ministry of Foreign
Trade and Tourism of Peru; Art. 4.1(b)
Deputy Head of Unit, Trade and Sustainable Development and
GSP in DG Trade, European Commission.
Participants:
Name
Entity
Party
Art. 4.1(b)
DG Trade, European Commission
EU
Art.
DG Trade, European Commission
EU
4.1(b)
Art. 4.1(b)
DG Trade, European Commission
EU
Art. 4.1(b)
DG Trade, European Commission
EU
Art. 4.1(b)
DG Trade, European Commission
EU
Art. 4.1(b)
DG Environment, European Commission
EU
Art. 4.1(b)
DG Environment, European Commission
EU
Art.
DG Climate Action, European Commission
EU
4.1(b)
Art. 4.1(b)
DG Employment, European Commission
EU
Art. 4.1(b)
EU Delegation, Lima, Peru
EU
Art. 4.1(b)
EU Delegation, Bogota, Colombia
EU
Art. 4.1(b)
Ministry of Environment
PERU
Art. 4.1(b)
Ministry of Labour and Promotion of Employment
PERU
Art. 4.1(b)
Ministry of Foreign Trade and Tourism
PERU
Art. 4.1(b)
Ministry of Foreign Trade and Tourism
PERU
Art. 4.1(b)
Ministry of Commerce, Industry and Tourism
COLOMBIA
Art. 4.1(b)
Ministry of Labour
COLOMBIA
Art. 4.1(b)
Ministry of Labour
COLOMBIA
Art. 4.1(b)
Ministry of Commerce, Industry and Tourism
COLOMBIA
DONE IN BRUSSELS ON 8th DECEMBER 2016
Art. 4.1(b)
European Union
Art. 4.1(b)
Republic of Colombia
Art. 4.1(b)
Peru