COMMON MARKET IN THE SOUTH
The decision of the Common Market Council of Mercosur No 63/10 was incorporated into the national legal order. Sanctioned: November 28, 2012 Enacted in Fact: January 14, 2013
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
ARTICLE 1-It incorporates the national legal order, for the purposes provided for in Article 40 of the Ouro PRETO PROTOCOL, the Council Decision of the Common Market of MERCOSUR No 63/10, whose authenticated photocopy is added as an Annex to the present law.
ARTICLE 2-The legislation that is incorporated by the present law shall enter into force in accordance with the provisions of Article 40 of the PROTOCOL OF OURO PRETO.
ARTICLE 3-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES,
TWENTY-EIGHT DAYS OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND TWELVE.
-REGISTERED UNDER NO 26,826-
BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.
MERCOSUR SECRETARIAT RESOLUTION GMC NO 26/01-ARTICLE 10 FE OF ERRATA-ORIGINAL-15/02/11 MERCOSUR/CMC/DEC. Nº 63/10 HIGH MERCOSUR REPRESENTATIVE GENERAL: The Treaty of Asunción, the Ouro Preto Protocol, Decisions No 05/07, 07/07, 56/08, 05/09 and 33/09 of the Council of the Common Market and Resolutions No 54/03, 06/04 and 68/08 of the Market Group Common.
CONSIDERING: That the States Parties, in the Treaty of Asuncion, reaffirmed their political will to lay the foundations for an ever closer union among their peoples. That, in the Ouro Preto Protocol, they highlighted the dynamic nature of any integration process and the consequent need to adapt the institutional structure of MERCOSUR to the changes that have occurred. That, in order to respond to such needs, the States Parties recognize the importance of having an organ that contributes to the development and functioning of the integration process, based on the strengthening of the production capacity of the Proposals for regional and Community management policies on a number of key issues. That Decision No 33/09 of the Council of the Common Market has determined the acceleration of the efforts to adapt the institutional structure of MERCOSUR for the purpose of reaching an agreement on guidelines for a structure to allow a better projection of MERCOSUR. THE COUNCIL OF THE COMMON MARKET DECIDES: Art. 1-Create the High Representative General of MERCOSUR as an organ of the Council of the Common Market (CMC), in accordance with the provisions of Article 1, Single Paragraph, and Article 8, point VII of the Ouro Protocol Preto. Art. 2-The High Representative General will be a prominent political personality, national of one of the States Parties, with a recognized experience in integration issues. Article 3-It shall be designated by the Council of the Common Market for a period of 3 (three) years. Its mandate may be extended for the same period, for a single time, by Decision of the Council of the Common Market. Article 4-The High Representative of MERCOSUR will perform his duties taking into account the general interest of MERCOSUR and the deepening of the integration process. Article 5-The appointment of the High Representative of MERCOSUR will respect the principle of the rotation of nationalities. Article 6-The High Representative of MERCOSUR shall report to the Council of the Common Market. It may also address the Common Market Group, where appropriate. Art. 7-The High Representative General and the National Coordinators of the GMC will have to meet, at least twice in each semester, with the aim of ensuring a close coordination of activities. These meetings will be convened by the Pro Tempore Presidency in consultation with the High Representative. Art. 8-They are the privileges of the High Representative of MERCOSUR: a) To present to the CMC and to the GMC, as the case may be, proposals linked to the integration process of MERCOSUR, including the Associated States, related to the following areas: -health, education, justice, culture, employment and social security, housing, urban development, family agriculture, gender, combating poverty and inequality, as well as others of a social nature;-aspects related to MERCOSUR citizenship;- promotion of the cultural identity of MERCOSUR in the States Parties, in third countries and in groups of countries;-facilitation of business activities that enhance, in the private sphere, the benefits of integration;-trade promotion of the States Parties to MERCOSUR, taking into account the complementarity of their economies;-promotion of MERCOSUR as an area for the reception of extra-zone investments;-missions of electoral observation and-cooperation for development.
b) To advise the CMC, when requested, in the treatment of issues related to the integration process, in all its areas. c) Coordinate the work related to the Plan of Action for the MERCOSUR Citizenship Statute. d) Promote initiatives for the dissemination of MERCOSUR at regional and international levels. e) Represent MERCOSUR, by express mandate of the Council of the Common Market and in coordination with the institutions of the institutional structure of the MERCOSUR concerned, respecting the provisions of Article 8 (4) of the Protocol of Ouro Preto, on the following occasions: I. relations with third countries, groups of countries and international organizations; II. international bodies to which MERCOSUR possesses observer status and III. international meetings and forums in which the MERCOSUR considers it appropriate to participate by means of a common representation. (f) To participate, as a guest, in events and seminars dealing with topics of interest of MERCOSUR in the areas referred to in (a) of this article. In this case you must inform the CMC about your participation. (g) To contribute to the coordination of the actions of the institutions of the institutional structure of MERCOSUR linked to the same specific area, within the areas indicated in literal (a) of this article. h) Maintain dialogue with other MERCOSUR bodies, such as the Parliament, the Consultation and Political Concertation Forum, the Economic and Social Consultative Forum and the Consultative Forum of Municipalities, Federated States, Provinces and Departments of MERCOSUR in issues related to their attributions. i) Coordinate the electoral observation missions requested of MERCOSUR and the carrying out of activities and studies linked to the consolidation of democracy in the region. (j) Coordinate with the GMC the organization of joint commercial and/or investment promotion missions, which take into account the complementarity of the economies of the States Parties. (k) Carry out the activities required by the CMC. l) Participate, as a guest, of the meetings of the CMC and, where appropriate, of the GMC meetings. (m) Develop and present its annual budget to the GMC, which will be examined by the Budget Group (GAP), for approval at the last regular GMC meeting of the year preceding the budget implementation. Article 9-The High Representative of MERCOSUR will present to the Council of the Common Market an annual programme of activities for approval at the last Ordinary Meeting of the Council Common Market. It shall submit to the CMC half-yearly reports on its activities. Article 10-Any change to the programme of activities shall be formally communicated by the High Representative to the Council of the Common Market. Art. 11-The High Representative of MERCOSUR will be advised by diplomatic officials appointed by the States Parties and an administrative cabinet, which will be based in Montevideo. Article 12-The Cabinet shall be composed of a Chief of Staff and of officials hired by contest, in the terms of Decision CMC No 05/09. It shall apply to officials, as appropriate, Decision CMC No 07/07 and UNSCR 54/03, 06/04, 68/08 and its amending and/or supplementary rules. Art. 13-The High Representative General will have the support of the Secretariat of MERCOSUR (SM) to carry out all the tasks provided for in this Decision. The High Representative may request the Technical Advisory Sector of the SM, through its Director, to draw up studies, reports and other working documents relating to the tasks set out in this Decision. Art. 14-The Social Participation Support Unit (UPS), established by Decision CMC No 65/10, will operate in the field of the High Representative and will coordinate its activities with the Institute
Social of MERCOSUR. UPS officials shall be governed by the rules set out in Article 12. Article 15-The High Representative shall be entitled to carry out, in accordance with the rules referred to in Article 12, directly or by delegation to another official, recruitment of personnel, acquisition of goods and services, opening of accounts banking, contracting of works and other necessary acts for the development of their activities. Article 16-The High Representative General and his Cabinet, as well as the Social Participation Support Unit, will have a budget of their own, calculated on a yearly basis. Article 17-The budget of the High Representative will be constituted by annual contributions, distributed according to the following percentages: Argentina: 25% Brazil: 50% Uruguay: 15% Paraguay: 10% Art. 18-The High Representative General will prepare, in consultation with the GMC, a draft budget for the year of 2012. The budget, which will include staff structure, installation and operating expenses, will be approved by the GMC. Until the date of entry into force of this Decision and the beginning of the implementation of the first budget, the person appointed for the position of High Representative of MERCOSUR shall carry out his duties on a transitional basis, corresponding to the State Party to which the provision of the financial resources necessary for the performance of its tasks is national. The GMC may define additional financing arrangements for the period in which the High Representative General exercises his functions in a transitional manner. Art. 19-The GMC will examine the possibility of creating High Representatives for specific areas of interest of MERCOSUR and will raise a proposal to the CMC before the last Regular Meeting of the Council in 2011. Art. 20-The Council of the Common Market takes note of the decision of the Government of the Eastern Republic of Uruguay to grant the High Representative General the same prerogatives granted to the Heads of Mission of the Permanent Representations to International Agencies, such as personal inviolability, immunities, privileges, franchises and tax exemptions. These prerogatives will be extended to economically dependent members of your family. The note from the Government of the Eastern Republic of Uruguay which assumes the commitment to grant the High Representative General the treatment set out in the previous paragraph is annexed to this Decision and forms part of it (Annex I). Article 21-This Decision needs to be incorporated into the legal order of the States Parties. This incorporation must be made before 31 /XII/2011. XL CMC-Foz de Iguazu, 16 /XII/10.
ANNEX I Commitment of the Eastern Republic of Uruguay in relation to the treatment to be granted to the High Representative of MERCOSUR The Government of the Eastern Republic of Uruguay assumes the obligation to grant the High Representative General The same treatment that the Heads of Mission of the Permanent Representations to the International Organizations in their country grants, in matters of personal inviolability, immunities, privileges, franchises, tax exonerations and facilities, which will be extended to the members of your dependent family economically.
Date of publication: 18/01/2013