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Act Concerning Consent To The Agreement Of Economic Partnership, Political Coordination And Cooperation Between The European Community And Its Member States, On The One Hand, And The United Mexican States, On The Other Hand, Annex And Act Ultimately Ma...

Original Language Title: Loi portant assentiment à l'accord de partenariat économique, de coordination politique et de coopération entre la Communauté européenne et ses Etats membres, d'une part, et les Etats-Unis mexicains, d'autre part, Annexe et Acte final, faits à Bruxelles l

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9 JUIN 1999. - An Act to approve the Agreement on Economic Partnership, Political Coordination and Cooperation between the European Community and its Member States, on the one hand, and the Mexican States, on the other hand, Annex and Final Act, made in Brussels on 8 December 1997 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on Economic Partnership, Political Coordination and Cooperation between the European Community and its Member States, on the one hand, and the Mexican United States, on the other hand, the Annex and the Final Act, made in Brussels on 8 December 1997 will come out their full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 June 1999.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Notes
(1) Session 1998-1999.
Senate.
Documents. - Bill tabled on 12 January 1999, No. 1-1227/1. - Report, no. 1-1227/2. - Text adopted by the Commission, No. 1-1227/3.
Annales parliamentarians. - Discussion and voting. Session of March 18, 1999.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 49-2082/1. - Report, no. 49-2082/2. - Text adopted in plenary and subject to Royal Assent, No. 49-2082/3.
Annales parliamentarians. - Discussion and voting. Session of April 22, 1999.
(2) See also the Decree of the French Community of 5 May 1999 (Moniteur belge of 22 October 1999), the Decree of the Flemish Community/ Flemish Region of 3 March 2000 (Moniteur belge of 15 April 2000), the Decree of the German-speaking Community of 22 February 1999 (Moniteur belge of 3 August 1999), the Decree of the Walloon Region of 16 December 1999 (Moniteur belge of 29 and 30 December 1999).

Agreement on Economic Partnership, Political Coordination and Cooperation between the European Community and its Member States, on the one hand, and the Mexican United States, on the other hand
BELGIUM,
THE DANEMARK ROYAUME,
THE GERMANY FEDERAL REPUBLIC,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
IRILAND,
THE ITALIAN REPUBLIC,
LUXEMBOURG,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE PORTUGAISE REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
parties to the Treaty establishing the European Community and to the Treaty on the European Union, below referred to as "the Member States of the European Community",
THE EUROPEAN COMMUNITY
the "Community",
on the one hand, and
UNITED STATES MEXICAINS
hereafter called "Mexico",
on the other hand,
CONSIDERING their common cultural heritage and their close historical, political and economic ties;
CONSCIENTS that their general objective is to develop and strengthen the general framework of international relations and, in particular, relations between Europe and Latin America;
CONSIDERING that the Framework Agreement for Cooperation between the Community and Mexico signed on 26 April 1991 in Luxembourg has significantly contributed to strengthening all these links;
CONSIDERING that they have an interest in establishing new contractual ties in order to further strengthen their bilateral relations, mainly through in-depth political dialogue, progressive and mutual liberalization of trade, current payments, capital movements and invisible transactions, through the promotion of investments and through expanded cooperation;
CONSIDERING that they have fully committed themselves to respecting the fundamental democratic principles and human rights defined in the Universal Declaration of Human Rights, the principles of international law relating to friendly relations and cooperation between the States set out in the Charter of the United Nations, as well as the principles of the rule of law and good government as set out in the ministerial declaration adopted at S$$ (The European Union) in 1994 by
CONSCIENTS that their political dialogue should institutionalize at both bilateral and international levels in order to intensify their relations in all areas of common interest;
CONSIDERING the importance that both parties attach to the principles and values set out in the final declaration of the Copenhagen World Summit for Social Development in March 1995;
CONSCIENTS the importance that both parties attach to the correct implementation of the principle of sustainable development agreed upon and defined in the Agenda 21 catalogue of the 1992 Rio Declaration on Environment and Development;
CONSIDERING their commitment to the principles of the market economy and recognizing the importance of their commitment to liberalize international trade in accordance with the rules of the World Trade Organization (WTO) and as members of the Organisation for Economic Co-operation and Development (OECD), and especially the importance of open regionalism;
CONSCIENTS of the content of the solemn joint declaration of Paris of 2 May 1995 in which both parties decided to give their mutual relations a long-term perspective in all areas;
WHEREAS to conclude this Agreement:
PART I
NATURE AND PORTEE
ARTICLE 1
Base of the agreement
Respect for fundamental democratic principles and human rights, as set out in the Universal Declaration of Human Rights, inspires the internal and international policies of the parties and is an essential element of this agreement.
ARTICLE 2
Nature and scope
This agreement aims to strengthen the relationship between the parties on the basis of reciprocity and common interest. To this end, the agreement institutionalizes political dialogue, strengthens economic and trade relations through trade liberalization in accordance with WTO rules and strengthens and expands cooperation.
PART II. - POLITICAL DIALOGUE
ARTICLE 3
1. The parties agree to institutionalize a strengthened political dialogue based on the principles set out in Article 1, covering all bilateral and international matters of common interest and leading to closer consultation among the parties within the international organizations of which they are members.
2. The dialogue is conducted in accordance with the "Common Declaration on Political Dialogue between the European Union and Mexico" which is an integral part of the agreement and is contained in the Final Act.
3. The ministerial dialogue provided for in the joint declaration takes place primarily within the joint council established by section 45.
PART III. - TRADE
ARTICLE 4
Objective
The objective of this title is to establish a framework for promoting development, trade in goods and services, including bilateral and preferential, progressive and reciprocal liberalization of trade in goods and services, taking into account the sensitive nature of certain products and services and in accordance with WTO rules.
ARTICLE 5
Trade in property
In order to achieve the objective referred to in Article 4, the Joint Council shall decide on the terms and timing for a bilateral, progressive and reciprocal reduction of all tariff and non-tariff barriers to trade in goods, in accordance with the relevant WTO rules, in particular Article XXIV of the General Agreement on Tariffs and Trade (GATT), and taking into account the sensitive nature of certain products. This decision deals in particular with the following aspects:
(a) scope and transitional periods;
(b) customs duties on imports and exports and equivalent effect taxes;
(c) quantitative import and export restrictions and equivalent effect measures;
(d) national treatment, including the prohibition of tax discrimination with respect to taxes on goods;
(e) anti-dumping and anti-subsidy measures;
(f) safeguards and monitoring;
(g) rules of origin and administrative cooperation;
(h) Customs cooperation;
(i) value for duty;
(j) technical rules and standards, health and phytosanitary legislation, mutual recognition of conformity assessment, certificates, markings, etc.;
(k) general exceptions justified by public morals, public order and public safety, the protection of the health and life of persons and animals or the preservation of plants, the protection of industrial, intellectual and commercial property, etc.;
(l) restrictions on balance of payments difficulties.
ARTICLE 6
Trade in services
In order to achieve the objective referred to in Article 4, the Joint Council sets out the modalities for the progressive and reciprocal liberalization of trade in services, in accordance with the relevant WTO rules, including Article V of the General Agreement on Trade in Services (GATS), and taking into account the commitments already made by the parties under the Agreement.
ARTICLE 7
The decisions of the joint council referred to in Articles 5 and 6 of this Agreement concerning the trade in goods and services will adequately cover all of these problems in a comprehensive framework and will come into force as soon as they have been adopted.
PART IV
CAPITAL MOUVEMENTS AND PAYMENTS
ARTICLE 8
Capital and Payment Movements
The objective of this title is to establish a framework to encourage the progressive and reciprocal release of capital movements and payments between Mexico and the Community, without prejudice to other provisions of this Agreement or other obligations arising from other international agreements applicable between the parties.
ARTICLE 9
In order to achieve the objective set out in Article 8, the Joint Council sets out the terms and timing of the phased and reciprocal abolition of restrictions that affect capital movements and payments between the Parties, without prejudice to other provisions of this Agreement or other obligations arising from other applicable international agreements between the Parties.
The above decision concerns in particular:
(a) the definition, content, scope and substance of concepts that appear explicitly or implicitly in this heading;
(b) capital movements and payments, including national treatment, targeted by liberation;
(c) the scope of liberation and the duration of transition periods;
(d) the inclusion of a clause allowing parties to maintain restrictions in this area justified by public policy, public safety, public health or defence;
(e) the inclusion of clauses allowing parties to introduce restrictions in this area in the event of difficulties in implementing the currency policy or monetary policy of any party or difficulties in the balance of payments or imposing, in accordance with international law, financial restrictions on third countries.
PART V. - PUBLIC MARCHES, CONCURRENCE, INTELLECTUAL PROPERTY AND OTHER PROVISIONS
ARTICLE 10
Public procurement
1. The parties agree to gradually open both their public markets on a reciprocal basis.
2. In order to achieve this objective, the joint council decides on the measures to be taken and the timetable. The decision includes:
(a) the agreed scope of liberalization;
(b) non-discriminatory market access;
(c) threshold values;
(d) the adoption of fair and transparent procedures;
(e) the adoption of clear dispute procedures;
f) the use of information technology.
ARTICLE 11
Competition
1. The parties agree appropriate measures to be taken to prevent distortions or competition restrictions that could significantly affect trade between Mexico and the Community. To that end, the joint council established mechanisms for cooperation and coordination between their authorities responsible for the implementation of competition rules. This cooperation includes mutual legal assistance, notifications, consultations and exchange of information to ensure transparency in the implementation of competition law and policy.
2. In order to achieve this objective, the joint council adopts rules concerning in particular:
(a) agreements between companies, decisions of joint venture associations and practices between companies;
(b) the abuse of a dominant position by one or more companies;
(c) corporate mergers;
(d) commercial State monopolies;
(e) public enterprises and companies enjoying special or exclusive rights.
ARTICLE 12
Intellectual, industrial and commercial property
1. Reiterating the great importance they attach to the protection of intellectual property rights (authorities, especially on computer programs and databases, and neighbouring rights, rights in matters of patents, drawings and models, geographical indications including names of origin, marks, topography of integrated circuits, protection against unfair competition referred to in article 10bis of the industrial convention of Paris
2. To this end, the joint council shall:
(a) a consultative mechanism to seek mutually satisfactory solutions in the event of difficulties in intellectual property protection,
(b) the detailed measures to be taken to achieve the objective described in paragraph 1, taking into account, in particular, the multilateral conventions applicable to intellectual property.
PART VI. - COOPERATION
ARTICLE 13
Dialogue on cooperation and economic issues
1. The Joint Council shall establish a regular dialogue to intensify and improve the cooperation provided for in this title. This cooperation will include:
(a) exchange of information and periodic analysis of its evolution,
(b) coordination and oversight of the implementation of the sectoral agreements provided for in this Agreement and the consideration of the possibilities for the conclusion of such new agreements.
2. The joint council also provides a regular dialogue on economic issues that will include the analysis and exchange of information, in particular macroeconomic issues, to stimulate trade and investment.
ARTICLE 14
Industrial cooperation
1. The parties support and encourage measures to develop and strengthen action to promote a dynamic, integrated and decentralized management of industrial cooperation, in order to create an environment conducive to economic development, in the light of their mutual interests.
2. In particular, this cooperation focuses on:
(a) the strengthening of contacts between the economic operators of both parties through conferences, seminars, missions to prospect industrial and technical opportunities, round tables and general and sectoral fairs, in order to identify and exploit mutual trade interests and to intensify trade, investment and industrial cooperation, as well as technology transfer projects;
(b) the strengthening and expansion of the existing dialogue between the economic operators of the two parties, by encouraging consultation and coordination, in order to identify and eliminate barriers to industrial cooperation, to encourage compliance with competition rules, to ensure consistency of general measures and to help industry adapt to market requirements;
(c) promoting industrial cooperation initiatives in the context of the privatization and liberalization process undertaken by both parties in order to encourage investment through industrial cooperation among enterprises;
(d) support for modernization, diversification, innovation, training, research and development and quality initiatives;
(e) promotion of the participation of both parties in pilot projects and special programmes on the conditions they provide.
ARTICLE 15
Investment promotion
The parties contribute to the establishment of an attractive and stable climate for mutual investments.
This cooperation is reflected, inter alia, by:
(a) the establishment of mechanisms to collect, identify and disseminate information on legislation and investment opportunities;
(b) support for the creation of a legal environment conducive to investment between the parties, if any, by the conclusion, between the Member States and Mexico, of agreements for the promotion and protection of investments and agreements to avoid double taxation;
(c) the establishment of harmonized and simplified administrative procedures;
(d) the development of co-investment mechanisms, in particular with small and medium-sized enterprises of both parties.
ARTICLE 16
Financial services
1. The parties undertake to cooperate in the financial services sector, in accordance with their laws, regulations and policies and in accordance with GATS rules and disciplines, taking into account their mutual interests and their medium- and long-term economic objectives.
2. The parties agree to cooperate both bilaterally and multilaterally to improve the perception and knowledge of the respective environment of their businesses and to promote the exchange of information on financial regulations, the monitoring and control of financial services and other aspects of common interest.
3. This cooperation has a particular objective of encouraging greater and more diversified productivity and competitiveness in the financial services sector.
ARTICLE 17
Cooperation in small and medium-sized enterprises
1. The parties promote an enabling environment for the development of small and medium-sized enterprises.
2. Such cooperation should:
(a) Increase contacts between economic agents, encourage co-investments and establish joint ventures and information networks through existing horizontal programmes such as ECIP, AL-INVEST, BRE and BC-NET;
b) facilitate access to funding, information and innovation.
ARTICLE 18
Technical regulations and conformity assessment
The parties undertake to cooperate in the areas of technical regulations and conformity assessment.
ARTICLE 19
Customs
1. Customs cooperation is intended to ensure the loyalty of trade. The parties undertake to promote customs cooperation with a view to improving and consolidating the legal framework for their trade relations.
2. Cooperation will include:
(a) information exchange;
(b) development of new training techniques and coordination of actions undertaken by international organizations specializing in this field;
(c) exchange of officials and senior officials of customs and tax administrations;
(d) simplification of customs procedures for the clearance of goods;
(e) provision, if any, of technical assistance.
3. Without prejudice to other forms of cooperation provided for in this Agreement, the parties affirm their interest in examining the possibility of conclusion of a protocol on mutual assistance in customs matters, within the institutional framework laid down by this Agreement.
ARTICLE 20
Information Society
1. The parties recognize that information and communications technologies are one of the key sectors of modern society and are of vital importance to economic and social development.
2. In this area, cooperation will focus on:
(a) dialogue on all aspects of the information society;
(b) the exchange of information and technical assistance required for regulation and standardization, compliance and registration tests for information technology and telecommunications;
(c) the dissemination of new information and telecommunications technologies and the improvement of new services in the areas of advanced communications equipment, services and information technology;
(d) the promotion and implementation of joint research, technological or industrial development projects related to new information and communications technology, telematics and information society technologies;
(e) promoting the participation of both parties in pilot projects and special programmes on the conditions they provide;
(f) interconnection and interoperability of telematic networks and services;
(g) the establishment of a dialogue on regulatory cooperation in the field of online international services, including aspects of privacy protection and personal data;
(h) reciprocal access to databases in terms that remain to be agreed.
ARTICLE 21
Cooperation in the agricultural and rural sectors
1. The parties are committed to promoting development and cooperation in the agricultural, agro-industrial and rural areas.
2. To this end, they will study, inter alia:
(a) measures to harmonize the rules and sanitary, phytosanitary and environmental standards with a view to facilitating trade, taking into account the legislation in force in the territory of both parties and in accordance with the WTO rules and the provisions of Article 5;
(b) the opportunity to exchange information and to carry out such actions and projects, including in the field of information, fundamental and applied research and human resources development.
ARTICLE 22
Mine cooperation
The parties agree to promote cooperation in the mining sector, mainly through actions to:
(a) promote mineral prospecting, exploitation and reclamation in accordance with their respective legislation;
(b) promote the exchange of information, experience and technology with respect to mineral exploration and exploitation;
(c) promoting expert exchanges and conducting joint research to increase opportunities for technological development;
(d) develop measures to stimulate investment in this area.
ARTICLE 23
Energy cooperation
1. Co-operation between the parties aims to develop their energy sectors by focusing on promoting technology transfer and exchange of information on their respective laws.
2. Cooperation in this area will essentially take the form of exchanges of information, training actions, transfer of technologies and joint projects of technological development and infrastructure, generation and rational use of energy, assistance in the use of environmentally friendly alternative energy sources and the promotion of recycling and waste processing for energy purposes.
ARTICLE 24
Transport cooperation
1. Cooperation between the parties in the field of transport is working
(a) support the restructuring and modernization of transport systems;
(b) promote operating standards.
2. In this context, priority is given:
(a) exchange of information among experts on the transport policies of the parties and on other themes of common interest;
(b) Economic, legal and technical training programmes for economic operators and senior officials;
(c) exchange of information on the global navigation satellite system (GNSS);
(d) technical assistance to the restructuring and modernization of the transport system in all these forms.
3. The parties examine all aspects of international shipping services to ensure that they do not engage in trade expansion. They will negotiate in this context the liberalization of international shipping services in accordance with the provisions of Article 6 of this Agreement.
ARTICLE 25
Tourism cooperation
1. Co-operation among the parties focuses on improving information exchange and promoting best practices to ensure a balanced and sustainable development of tourism.
2. In this context, the parties focus in particular on:
(a) safeguard and enhance their natural and cultural heritage;
(b) respect the integrity and interests of local communities;
(c) To promote cooperation between regions and cities in neighbouring countries;
d) improve hotel training, with particular emphasis on hotel management and administration.
ARTICLE 26
Statistical cooperation
The parties agree to promote the harmonization of statistical methods and practices in order to be able to use, on a mutually acceptable basis, statistics relating to trade in goods and services and, in a more general manner, those relating to the areas covered by this Agreement that lend themselves to statistical exploitation.
ARTICLE 27
Public administration
The contracting parties cooperate in matters relating to public administration and institutions at the national, regional and local levels to promote human resources training and the modernization of administration.
ARTICLE 28
Cooperation in combating narcotic drugs,
money laundering and chemical precursors
1. The parties shall take such cooperative and liaison measures as they consider appropriate to intensify their efforts to prevent and limit the illegal production, distribution and consumption of drugs, in accordance with their domestic legislation.
2. This cooperation, which draws upon the relevant bodies, includes:
(a) the implementation of coordinated programmes and measures for the prevention of drug abuse and the treatment and rehabilitation of drug addicts accompanied, where appropriate, by technical assistance programmes. These efforts can also be realized through research and measures to reduce drug production by stimulating regional development in areas where illegal crops are practised;
(b) the implementation of coordinated research programmes and projects on drug control;
(c) the exchange of information on existing legislative and administrative provisions and the adoption of appropriate drug control and anti-money laundering measures, including measures taken by the Community and international organizations active in this area;
(d) Prevention of diversion of chemical precursors and other substances used for the illicit production of drugs and psychotropic substances. This prevention is based on the "control agreement on precursors of drugs and chemicals", signed by the parties on 13 December 1996, as well as on the 1988 United Nations Vienna Convention.
ARTICLE 29
Scientific and technical cooperation
1. The parties agree to cooperate in the field of science and technology, based on their common interests and taking into account their respective policies.
2. This cooperation is aimed at:
(a) to encourage the exchange of information and know-how in the field of science and technology, in particular with regard to the implementation of policies and programmes;
(b) promote sustainable relations between the scientific communities of both parties.
(c) to promote training.
3. Cooperation will be presented in the form of joint research and exchange projects, meetings and scientific training actions to disseminate the results of the research carried out as widely as possible.
4. The parties encourage their higher education institutions, research centres and productive sectors, in particular their small and medium-sized enterprises, to join in this cooperation.
5. Co-operation can lead, if appropriate, to the possible conclusion of an agreement on research and technological development.
ARTICLE 30
Training and education cooperation
1. The parties define ways to significantly improve the situation in the education and vocational training sector. They will pay particular attention to the education and vocational training of the most disadvantaged social groups.
2. The parties strengthen their cooperation in the field of education, particularly in higher education and vocational training, and intensify inter-university and inter-enterprise exchanges to develop the level of expertise of public and private sector managers.
3. The parties pay particular attention to actions that enable permanent linkages between their respective specialized entities and that promote the exchange of information, know-how, experts and technical resources, and those concerning youth, by exploiting the facilities offered by the ALFA programme and their experience in this area.
4. Co-operation between the parties will open the possibility to conclude, in common agreement, a sectoral agreement in the field of education, including higher education, vocational training and youth.
ARTICLE 31
Cultural cooperation
1. The parties agreed to promote, with respect to their diversity, cultural cooperation in order to improve mutual knowledge and dissemination of their cultures.
2. The parties will take appropriate measures to encourage cultural exchanges and to carry out joint actions in different cultural areas. They will in due course define their specific actions and modalities of cooperation.
ARTICLE 32
Cooperation in the audiovisual sector
The parties agree to promote cooperation in this sector, mainly through the implementation of training programmes in the audiovisual and media sectors, including through co-productions, training courses and development and distribution activities.
ARTICLE 33
Information and communication cooperation
The parties agree to encourage the exchange and dissemination of information and to undertake and encourage actions of common interest in the field of information and communication.
ARTICLE 34
Environmental and natural resources cooperation
1. The need to preserve the environment and ecological balances is taken into account in all cooperative actions undertaken by the parties under this Agreement.
2. The parties undertake to develop their cooperation in order to prevent environmental degradation, to encourage the conservation and sound management of natural resources, to develop, disseminate and exchange information and experiences on applicable environmental legislation and to use economic incentives to promote its implementation, to strengthen environmental management at all levels of power, to promote human resources training, and to initiate them on issues of joint research
3. Parties shall promote mutual access to programs in this area, in accordance with the specific terms and conditions set out in these programs.
4. Cooperation between the parties can lead to the conclusion, if necessary, of a sectoral agreement on the environment and natural resources.
ARTICLE 35
Cooperation in the field of fisheries
In view of the socio-economic importance of their fisheries sectors, the parties undertake to strengthen their cooperation in this area, including by entering into, where appropriate, a fisheries agreement in accordance with their respective legislation.
ARTICLE 36
Cooperation in social affairs and poverty
1. The parties will discuss all social issues of interest to either of them.
This dialogue will include issues related to vulnerable groups and regions such as indigenous peoples, poor farmers, women with limited resources and groups of the population living in poverty.
2. The parties agree that it is important to harmonize economic and social development by ensuring respect for the fundamental rights of the groups referred to in the first paragraph. The new growth base should create jobs and provide a better standard of living for the most disadvantaged sections of the population.
3. The parties will, on a periodic basis, coordinate cooperation activities involving civil society with a view to creating employment opportunities, providing vocational training and increasing income.
ARTICLE 37
Regional cooperation
1. The parties will stimulate joint activities through cooperation, including in Central America and the Caribbean.
2. Priority will be given to initiatives to promote intraregional trade in Central America and the Caribbean, to stimulate regional cooperation in the field of the environment, as well as fundamental and applied research, to promote the development of the communication infrastructure necessary for the economic development of the region, and to encourage initiatives that aim to improve the living standards of the poor.
3. The parties will pay particular attention to the development of the role of women, involving them more closely in the production process.
4. The parties will explore appropriate means to promote and monitor joint cooperation with third countries.
ARTICLE 38
Cooperation with regard to refugees
The parties endeavour to preserve the gains of the assistance already provided to Central American refugees living in Mexico and cooperate in the search for durable solutions.
ARTICLE 39
Cooperation in the field of human rights and democracy
1. The parties agree that cooperation in this area should promote respect for the principles referred to in Article 1.
2. Cooperation focuses on:
(a) the development of civil society through education, training and awareness-raising programmes;
(b) training and information measures to improve the functioning of institutions and to strengthen the rule of law;
(c) the promotion of human rights and democratic values.
3. Parties may undertake joint projects to strengthen cooperation between their governing institutions of the electoral process and other bodies responsible for monitoring and promoting respect for human rights.
ARTICLE 40
Consumer protection cooperation
1. The parties agree that cooperation in this area should aim to improve their consumer protection systems and to seek, within their respective legislation, to make them compatible.
2. Cooperation focuses on:
(a) exchanges of information and experts and collaboration between consumer associations of both parties;
(b) the organization of training actions and the provision of technical assistance.
ARTICLE 41
Data protection cooperation
1. In light of Article 51, the parties agree to cooperate in the protection of personal data with a view to improving their level of protection and preventing trade barriers requiring personal data transfers.
2. Cooperation in the field of personal data protection may include technical assistance through exchanges of information and experts as well as the creation of joint programmes and projects.
ARTICLE 42
Health
1. In the field of health, cooperation is aimed at strengthening research, pharmacology, preventive medicine and infectious diseases such as AIDS.
2. Cooperation will be achieved mainly by:
(a) projects related to epidemiology and the management and decentralization of health services,
(b) the development of vocational qualification programmes;
(c) programmes and projects to improve health and social well-being in rural and urban areas.
ARTICLE 43
Future development clause
1. The parties may, in common agreement, broaden the scope of this title in order to raise the levels of cooperation and to add agreements on specific sectors or activities.
2. With regard to the application of the provisions of this title, the parties may propose to extend the scope of their mutual cooperation, taking into account the experience gained through its implementation.
ARTICLE 44
Means of cooperation
1. Within the limits of their respective resources and regulations, the parties undertake to make available the means, including financial, sufficient to enable the achievement of the objectives of cooperation set out in this Agreement.
2. The parties encourage the European Investment Bank to continue its work in Mexico in accordance with its procedures and funding criteria.
PART VII. - INSTITUTIONAL FRAMEWORK
ARTICLE 45
Joint Council
A joint council is established to oversee the implementation of this Agreement. It meets regularly at the ministerial level, as well as when circumstances require it. It considers all important issues within the framework of this Agreement, as well as any other bilateral or international problems of mutual interest.
ARTICLE 46
1. The joint council consists of members of the Council of the European Union and members of the European Commission, on the one hand, and members of the Mexican government, on the other.
2. Members of the joint council may be represented, in accordance with the conditions set out in its rules of procedure.
3. The joint board shall determine its rules of procedure.
4. The Joint Council is alternately chaired by a member of the Council of the European Union and a member of the Mexican Government, in accordance with the provisions of its rules of procedure.
ARTICLE 47
For the purposes of this Agreement, the Joint Council is empowered to make decisions in the cases provided for in the Agreement. Decisions taken are binding on parties that take the necessary measures to ensure their implementation. The joint council may also make appropriate recommendations.
Decisions and recommendations are mutually agreed upon between the two parties.
ARTICLE 48
Joint Committee
1. In carrying out its mission, the joint council is assisted by a joint committee composed of representatives of the members of the Council of the European Union and the European Commission, on the one hand, and representatives of the Mexican government, normally high-level officials, on the other.
In its rules of procedure, the joint council determines the tasks of the joint committee, which will include the preparation of the joint council meetings, and defines how the committee operates.
2. The joint council may delegate some of its powers to the joint committee. In this case, the joint committee shall determine its decisions in accordance with the conditions referred to in section 47.
3. The joint committee generally meets once a year, alternately one year in Brussels and one year in Mexico, with the date and agenda of the meeting being agreed in advance by the parties. Special meetings may be convened by mutual agreement. The chair of the joint committee is alternately assumed by a representative of each of the parties.
ARTICLE 49
Other ad hoc committees
The joint council may decide to establish any other special committee or body to assist it in the fulfilment of its mission.
In its rules of procedure, the joint council shall determine the composition and tasks of these committees or bodies, as well as the modalities of their functioning.
ARTICLE 50
Settlement of disputes
The Joint Council decides on the establishment of a specific procedure for the settlement of trade disputes and other apparent disputes, consistent with the relevant WTO provisions in this regard.
PART VIII. - FINAL PROVISIONS
ARTICLE 51
Data protection
1. The parties agree to ensure high protection for the processing of personal and other data in accordance with the standards adopted by the relevant international bodies and the Community.
2. For this purpose, the parties shall take into account the standards set out in the appendix, which is an integral part of the agreement.
ARTICLE 52
National Security Clause
Nothing in the agreement prevents a contracting party from taking the measures:
(a) considers it necessary to prevent the disclosure of information contrary to the essential interests of its security;
(b) relating to the production or trade of weapons, ammunition or war equipment or to the research, development or production required to guarantee its defence, provided that such measures do not affect the competitive conditions for products not specifically intended for military purposes;
(c) that it considers essential to ensure its security in the event of serious internal disturbances that could jeopardize public peace, in the event of war or serious international tensions threatening to lead to armed conflict or in order to meet its obligations to ensure the maintenance of peace and international security.
ARTICLE 53
The Final Act contains common and unilateral declarations made for the signing of this Agreement.
ARTICLE 54
1. The treatment of the most favoured nation, if any, granted in accordance with the provisions of this Agreement or arrangements made under this Agreement, does not apply to the tax benefits that Member States or Mexico grant, or may grant in the future, on the basis of agreements to avoid double taxation, other tax arrangements or national tax legislation.
2. No provision of this Agreement or arrangements made under this Agreement shall be construed to prevent the adoption or application by Member States or Mexico of a measure intended to prevent fraud and tax evasion in accordance with the tax provisions of agreements to avoid double taxation, other tax arrangements or national taxation legislation.
3. Nothing in this Agreement or arrangements made under this Agreement shall be construed in such a way as to prevent Member States or Mexico from distinguishing, for the purposes of the relevant provisions of their tax law, between taxpayers who are not in an identical situation, in particular with respect to their place of residence or where their capital is invested.
ARTICLE 55
Definition of parties
For the purposes of this Agreement, "the parties", on the one hand, the Community or its member States or the Community and its member States, according to the competence conferred on them by the Treaty establishing the European Community and, on the other, Mexico.
ARTICLE 56
Territorial application
This Agreement applies to territories where the Treaty establishing the European Community is applied under the conditions provided for in the said Treaty, on the one hand, and to the territory of the Mexican United States, on the other.
ARTICLE 57
Duration
1. This Agreement shall be concluded for an unlimited period of time.
2. Each party may denounce this agreement by notifying its intention to the other party. The agreement ceases to be applicable six months after this notification.
ARTICLE 58
Enforcement of obligations
1. The parties shall take any general or particular measures necessary for the fulfilment of their obligations under this Agreement and ensure that the objectives defined by it are met.
If a party considers that the other party has not met any of the obligations imposed by this Agreement, it may take appropriate action. Prior to this, it must, except in the case of a special emergency, provide the joint council, within thirty days, with all necessary information necessary for a thorough review of the situation with a view to seeking an acceptable solution by the parties.
The choice must be given as a priority to the measures that disrupt the operation of this Agreement at least. These measures are notified immediately to the Joint Council and are subject to consultations within the Joint Council at the request of the other party.
2. The parties agree that, for the purposes of paragraph 1, "special emergency cases" means a substantial violation of the agreement by one of the parties. A substantial violation of the agreement is:
(a) a denunciation of the agreement not sanctioned by the general rules of international law; or
(b) a violation of the essential elements of the agreement referred to in Article 1.
3. The parties agree that by "appropriate measures" within the meaning of this article, the measures taken in accordance with international law must be heard. If, in the event of a special emergency, one of the parties determines a measure under this section, the other party may request an urgent meeting of the parties within fifteen days.
ARTICLE 59
Faithful text
This Agreement is written in duplicate in German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese and Swedish, all these texts being equally authentic.
ARTICLE 60
Entry into force
1. This Agreement shall be approved by the parties in accordance with their own procedures.
2. This Agreement comes into force on the first day of the month following the date on which the parties notified themselves of the completion of the procedures necessary for this purpose.
The application of titles II and VI is suspended until the Joint Council adopts the decisions set out in sections 5, 6, 9, 10, 11 and 12.
3. The notification is addressed to the General Secretariat of the Council of the European Union, depositary of the agreement.
4. On the date of application of Parts II and VI referred to in paragraph 2, this Agreement shall replace the framework agreement between the European Community and Mexico signed on 26 April 1991.
5. As soon as the agreement comes into force, the decisions adopted by the joint council established by the Interim Trade Agreement and the accompanying measures between the European Community and Mexico, signed on 8 December 1997, are deemed to have been adopted by the joint council established by section 45.
Done in Brussels, on December 8th nine hundred and ninety-seven.

Annex
PROTECTION OF PERSONAL CARACTER DATA
ARTICLE 51
- Guidelines for the regulation of computerized records of personal data, as amended by the UN General Assembly of 20 November 1990.
- Recommendation of the OECD Council on guidelines for the protection of privacy and cross-border personal data flows, of 23 September 1980.
- Council of Europe Convention for the Protection of Persons with regard to the automated processing of personal data, of 28 January 1981.
- Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free flow of such data.
FINAL ACT
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of the Mexican United States adopt the following final act, concerning:
1) the agreement on economic partnership, political coordination and cooperation between the European Community and its member states, on the one hand, and the Mexican United States, on the other hand,
2) the interim agreement on trade and accompanying measures between the European Community, on the one hand, and the Mexican United States, on the other hand,
3) the joint declaration of the European Community and its Member States, on the one hand, and of the Mexican States, on the other hand,
(1)
Plenipotentiaries:
BELGIUM,
DU ROYAUME DU DANEMARK,
DE LA REPUBLIQUE FEDERALE D'ALLEMAGNE,
DE LA REPUBLIQUE HELLENIQUE,
THE SPANISH ROYAL,
OF THE FRENCH REPUBLIC,
IRELAND,
OF THE ITALIAN REPUBLIC,
OF LUXEMBOURG,
DU ROYAUME DES PAYS-BAS,
DE LA REPUBLIQUE D'AUTRICHE,
OF THE PORTUGAISE REPUBLIC,
DE LA REPUBLIQUE DE FINLANDE,
SUEDE ROYAUME,
DU ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD,
Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY,
hereafter referred to as "member states", and
of the EUROPEAN COMMUNITY,
hereafter called "Community",
on the one hand, and
the Plenipotentiaries of the US MEXICAINS,
hereafter called "Mexico",
on the other hand,
gathered in Brussels, on 8 December, nine hundred and ninety-seven, for the signing of the agreement of economic partnership, political coordination and cooperation between the European Community and its member states, on the one hand, and the Mexican States, on the other hand, below called "agreement", adopted the following texts:
- the agreement and its annexes.
The Plenipotentiaries of the Member States and the Community as well as the Plenipotentiaries of Mexico have adopted the texts of the joint declarations mentioned below, attached to this Final Act:
Joint Declaration on the Political Dialogue between the European Union and Mexico referred to in Article 3 of the Agreement
Joint statement on dialogue at the parliamentary level
Joint Statement of Interpretation of Article 4 of the Agreement
Joint Declaration on Article 24, paragraph 3, of the Agreement
Joint Declaration on Article 35 of the Agreement.
The Plenipotentiaries of Mexico took note of the statements of the European Community and/or its member States mentioned below, attached to this final act:
Declaration on Article 11 of the Agreement
Declaration on Article 12 of the Agreement.
The Plenipotentiaries of the Member States and the Community took note of the statement of Mexico mentioned below, attached to the present final act:
Statement on title I of the agreement.
COMMUNICATIONS
COMMUN DECLARATIONS RELATING TO POLITICAL DIALOGUE IN THE EUROPEAN UNION AND MEXICO (ARTICLE 3)
1. Preamble
The European Union, on the one hand, and Mexico, on the other:
- aware of their historical, political, economic and cultural ties and of the bonds of friendship that bind their peoples;
- considering their desire to strengthen the economic and political freedoms on which society is based in the member countries of the European Union and Mexico;
- reaffirming the value of human dignity, the promotion and protection of human rights, the foundation of democratic societies, and the essential role of democratic institutions based on the rule of law;
- desirous of consolidating international peace and security in accordance with the principles established in the Charter of the United Nations;
- sharing the same interest in regional integration as an instrument of harmonious and sustainable development of their peoples based on the principles of social progress and solidarity among members;
- based on preferential relations established by the Framework Agreement for Cooperation between the Community and Mexico in 1991;
- recalling the principles set out in the solemn joint declaration signed on 2 May 1995 in Paris by the Commission and the Council, on the one hand, and Mexico, on the other,
decided to include their relationships in a long-term perspective.
2. Objectives
The European Union and Mexico consider the establishment of a strengthened political dialogue to be a fundamental element of the envisaged economic and political rapprochement and to make a decisive contribution to promoting the principles set out in the preamble to this declaration.
This dialogue will be based on the common commitment of the parties to democracy and respect for human rights, as well as the maintenance of peace and the establishment of a fair and stable international order, in accordance with the Charter of the United Nations.
It will aim to build between the European Union and Mexico sustainable bonds of solidarity that contribute to the stability and prosperity of their respective regions, to work in favour of the regional integration process and to promote a climate of understanding and tolerance among their peoples and cultures.
It will focus on all topics of common interest and will aim to pave the way for new forms of cooperation with common objectives, including joint international initiatives, particularly in the areas of peace, security and regional development.
3. Dialogue mechanisms
The political dialogue between the parties will be carried out through contacts, exchanges of information and consultations between the various bodies of Mexico and the European Union, including the European Commission.
These include:
- at the presidential level;
- at the ministerial level;
- at the senior level;
- and the best use of diplomatic channels.
Presidential meetings whose organizational arrangements will be defined by the parties, will be held regularly between their highest authorities.
Meetings at the ministerial level, which will be defined by the parties, will be held regularly between their foreign ministers.
JOINT DECLARATION ON DIALOGUE IN THE PARLEMENTARY LEVEL
The parties point out that it is desirable to institutionalize political dialogue at the parliamentary level through contacts between the European Parliament and the Mexican Congress (House and Senate).
COMMON DECLARATION INTERPRETATION OF ARTICLE 4
The obligations arising from Article 4 of this Agreement shall become enforceable only after the adoption of the decision referred to in Article 5, in accordance with the provisions of Article 7.
COMMON DECLARATION RELATING TO ARTICLE 24, PARAGRAPH 3
The parties confirm their multilateral commitments in the field of marine transport services as members of the WTO, also taking into account their obligations under the OECD Code for the Liberation of Invisible Operations.
COMMON DECLARATION RELATING TO ARTICLE 35
The parties agree to provide institutional support, at the multilateral level, to the adoption, entry into force and implementation of the international code of conduct for responsible fishing.
UNILATERAL DECLARATIONS
DECLARATION OF THE COMMUNITY RELATING TO ARTICLE 11
The Community declares that, pending the adoption by the Joint Council of the rules of application relating to fair competition referred to in article 11, paragraph 2, it will assess practices contrary to this article on the basis of the criteria set out in Articles 85, 86 and 92 of the Treaty establishing the European Community and, for the products covered by the Treaty establishing the European Community of Coal and Steel, on the basis of Articles 65 and 66 of that Community Agreement
DECLARATION OF THE COMMUNITY AND OF THE MEMBERS RELATING TO THE CONVENTIONS ON THE RIGHTS OF INTELLECTUAL PROPERTY VISEES TO ARTICLE 12
The Community and its Member States declare that the multilateral conventions on the intellectual property rights referred to in Article 12, paragraph 2, subparagraph (b), encompass at the very least the following:
- Bern Convention for the Protection of Literary and Artistic Works (Act of Paris, 1971, amended in 1979);
- International Convention on the Protection of Interpreters and Executors, Phonogram Producers and Broadcasting Organizations (Rome 1961);
- Paris Convention for the Protection of Industrial Property ( Stockholm Act, 1967, amended in 1979);
- Patent Cooperation Treaty (Washington 1970, amended in 1979 and amended in 1984);
- Madrid Agreement concerning the International Registration of Marks ( Stockholm Act, 1967, amended in 1979);
- Protocol to the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989);
- Nice Agreement concerning the International Classification of Goods and Services for the International Registration of Marks (Geneva, 1977, amended in 1979);
- Budapest Treaty on the International Recognition of Microorganisms for the Patent Procedure (1977, amended in 1980);
- International Convention for the Protection of Varietal Achievements (U.P.O.V.) (Geneva Act, 1991);
- Treaty on trademark law (Geneva, 1994).
DECLARATION OF MEXICO RELATING TO PART Ier
Mexico ' s foreign policy is based on the principles enshrined in its constitution:
Self-determination of the United Nations
No intervention
Peaceful resolution of conflicts
Prohibition of the use of force or threats of use of force in international relations
Legal equality of States
International cooperation for development
Fight for international peace and security.
Given its historical experience and the supreme mandate conferred on it by its constitution, Mexico fully believes that only full respect for international law is the foundation of peace and development. Mexico also states that the principles of coexistence of the international community expressed in the Charter of the United Nations, the principles set forth in the universal declaration of human rights and democratic principles are the permanent guides of its constructive participation in international affairs and form the framework for its relations with the Community and its member States, as governed by this Agreement, as well as its relations with all other countries or groups of countries.
Done in Brussels, on December 8th nine hundred and ninety-seven.
(2)
At the same time, the plenipotentiaries of the COMMUNAUTE EUROPEENNE,
the "Community",
on the one hand, and
the Plenipotentiaries of the US MEXICAINS,
"Mexico"
on the other hand,
gathered in Brussels, on 8 December, nine hundred and eighty-seven for the signing of the interim agreement on trade and accompanying measures between the European Community, on the one hand, and the Mexican United States, on the other hand, below called "agreement", adopted the following text:
- Okay.
The Plenipotentiaries of the Community and the Plenipotentiaries of Mexico adopted the text of the joint declaration referred to below, annexed to the present Final Act:
- Joint interpretative declaration concerning Article 2 of the Agreement
The Plenipotentiaries of Mexico took note of the Community ' s declaration referred to below and annexed to this Final Act:
- Statement by the European Community on Article 5 of the Agreement.
INTERPRETATIVE DECLARATION COMMUNE- CONCERNING ARTICLE 2
The commitments under Article 2 of this Agreement shall only take effect when the decision referred to in Article 3 is adopted.
DECLARATION OF THE EUROPEAN COMMUNITY RELATING TO ARTICLE 5
The Community declares that, pending the adoption by the Joint Council of the rules of application relating to fair competition referred to in Article 5, paragraph 2, it will evaluate any practice contrary to this article on the basis of the criteria arising from the rules contained in Articles 85, 86 and 92 of the Treaty establishing the European Community and, with regard to the products covered by the Treaty establishing the European Community of Coal and Steel, on the basis of the criteria of the European Community Articles 66
Done in Brussels on 8 December 1997.
(3)
At the same time, the Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of Mexico adopted the following joint declaration:
DECLARATION COMMUNE DE LA COMMUNAUTE EUROPEENNE ETATS MEMBRES, D'UNE PART, ETATS-UNIS MEXICAINS, D'AUTRE PART
In an effort to give the desired attention to the problems mentioned in titles III and IV of the agreement on economic partnership, political coordination and cooperation signed on 8 December 1997 and to include them in a global framework, the European Community and its Member States and the Mexican United States promise:
1. to engage and, to the extent possible, to conclude negotiations on the mechanisms for the liberalization of trade in services, capital movements and payments, as well as on the measures governing intellectual property, referred to in Articles 6, 8, 9 and 12 of this Agreement, and to conduct simultaneously negotiations on the mechanisms and timing of the liberalization of the exchange of goods referred to in both Article 5 of this Agreement and in Article 3 of the Interim Agreement on the Agreement
2. To ensure, without prejudice to the fulfilment of their respective internal procedures, that the results of the negotiations on the problems of the liberalization of services, of the movements of capital and of the payments, as well as of the measures governing the intellectual property referred to above, may enter into force as soon as possible, so as to achieve the common objective of the parties that is to ensure a comprehensive liberalization of the trade on goods and services, in accordance with the agreement
Agreement on Economic Partnership, Political Coordination and Cooperation between the European Community and its Member States, on the one hand, and the Mexican United States, on the other hand, Annex and Final Act, made in Brussels on 8 December 1997
List of related States
For the consultation of the table, see image
This Agreement entered into force on 1er October 2000.