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Law Approving The Interregional Framework Cooperation Agreement Between The European Community And Its Member States On One Hand And The Common Market Of The South And Its States Parties On The Other Hand, Done At Madrid On 15 December 1995 (1)

Original Language Title: Loi portant assentiment à l'Accord-cadre interrégional de coopération entre la Communauté européenne et ses Etats membres d'une part et le Marché commun du Sud et ses Etats parties d'autre part, fait à Madrid le 15 décembre 1995 (1)

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belgiquelex.be - Carrefour Bank of Legislation

5 JULY 1998. - An Act to approve the Interregional Framework Agreement on Cooperation between the European Community and its Member States on the one hand and the Common Market of the South and its States Parties on the other, done in Madrid on 15 December 1995 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Interregional Framework Agreement for Cooperation between the European Community and its Member States, on the one hand, and the Common Market of the South and its States Parties, on the other hand, made in Madrid on 15 December 1995, will come out its full and complete effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 July 1998.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Notes
(1) Session 1996-1997
Senat:
Parliamentary documents. - Bill tabled on 20 August 1997, No. 1-721/1. - Report, no. 1-721/2. - Text adopted in Commission No. 1-721/3.
Annales parliamentarians. - Discussion, meeting of 19 February 1998. - Vote, meeting of 19 February 1998.
House of Representatives:
Parliamentary documents. - Project transmitted by the Senate, No. 1437/1. - Tekste adopted in plenary and under penalty, No. 1437/2.
Annales parliamentarians. - Discussion, meeting of March 18, 1998. - Vote, meeting of 19 March 1998.
(2) See also the Decree of the French Community of 14 July 1997 (Moniteur belge of 14 January 1998); the Flemish Community Decree of 17 December 1997 (Belgian Monitor of 24 January 1998); Decree of the German-speaking Community of 30 June 1997 (Belgian Monitor of 20 September 1997); the Order of the Walloon Region of 9 April 1998 (Belgian Monitor of 22 April 1998 and 23 April 1998) and the Order of the Brussels-Capital Region of 27 March 1997 (Belgian Monitor of 9 July 1997).

Interregional framework agreement on cooperation between the European Community and its member states, on the one hand, and the Common Market of the South and its States parties, on the other hand
The Kingdom of Belgium,
The Kingdom of Denmark,
The Federal Republic of Germany,
The Hellenic Republic,
The Kingdom of Spain,
The French Republic,
Ireland,
The Italian Republic,
Le Grand-Duche de Luxembourg,
The Kingdom of the Netherlands,
The Republic of Austria,
The Portuguese Republic,
The Republic of Finland,
The Kingdom of Sweden,
The United Kingdom of Great Britain and Northern Ireland,
parties to the Treaty establishing the European Community and to the Treaty on the European Union, hereafter referred to as "European Community Member States",
The European Community, below referred to as "Community",
on the one hand, and
The Republic of Argentina,
The Federal Republic of Brazil,
The Republic of Paraguay,
The Oriental Republic of Uruguay,
parties to the Treaty of Asunción establishing the Southern Common Market and the Additional Protocol of Ouro Preto, as follows: "States Parties to Mercosur", and
The Southern Common Market, hereafter referred to as Mercosur
on the other hand,
Considering the close historical, cultural, political and economic ties that unite them, and drawing on the values common to their peoples;
Considering their full adherence to the purposes and principles of the Charter of the United Nations, to democratic values, to the rule of law, and to the respect and promotion of human rights;
Considering the importance that both parties accord to the principles and values set out in the final declaration of the United Nations Conference on Environment and Development held in Rio de Janeiro in June 1992, as well as in the final declaration of the social summit held in Copenhagen in March 1995;
Taking into account what both parties consider regional integration processes as instruments of economic and social development that facilitate the international integration of their economies and, ultimately, promote the rapprochement between peoples and contribute to greater international stability;
Reaffirming their determination to maintain and strengthen the rules of free international trade in accordance with the norms of the World Trade Organization, and in particular underlining the importance of open regionalism:
Considering that both the Community and Mercosur have carried out special experiences in regional integration that they can mutually benefit from in the process of strengthening their mutual relations, according to their own needs;
Taking into account the cooperative relations that have been established by bilateral agreements between the States of the respective regions, as well as the framework agreements for cooperation between the States parties to the Mercosur bilaterally signed with the European Community;
Taking into account the results of the inter-institutional cooperation agreement of 29 May 1992 between the Council of the Southern Common Market and the Commission of the European Communities, and emphasizing the need to continue the actions implemented in this framework;
Considering the political will of both parties to establish, as a final objective, an interregional association of a political and economic character based on enhanced political cooperation, on a gradual and reciprocal liberalization of all trade, taking into account the sensitivity of certain products and in accordance with the rules of the World Trade Organization, and finally on the promotion of investment and deepening of cooperation;
Taking into account the terms of the joint solemn declaration in which the two parties propose to conclude an interregional framework agreement on economic and trade cooperation and on the preparation of the progressive and reciprocal liberalization of trade exchanges between the two regions, as a preparatory stage for the negotiation of an interregional association agreement between them,
Decided to conclude this Agreement and designated for this purpose as Plenipotentiaries:
The Kingdom of Belgium:
Erik Derycke,
Minister of Foreign Affairs,
The Kingdom of Denmark:
Niels Helveg Petersen,
Minister for Foreign Affairs,
The Federal Republic of Germany:
Klaus Kinkel,
Federal Minister for Foreign Affairs and Vice-Chancellor,
The Hellenic Republic:
Karolos Papoulias,
Minister for Foreign Affairs,
The Kingdom of Spain:
Javier Solana Madariaga,
Minister for Foreign Affairs,
La République française
Hervé de Charette,
Minister for Foreign Affairs,
Ireland:
Dick Spring,
Minister for Foreign Affairs,
The Italian Republic:
Susanna Agnelli,
Minister for Foreign Affairs,
The Grand Duchy of Luxembourg:
Jacques F. Poos,
Minister for Foreign Affairs,
The Kingdom of the Netherlands:
Hans Van Mierlo,
Minister for Foreign Affairs,
The Republic of Austria:
Wolfgang Schussel,
Federal Minister for Foreign Affairs and Vice-Chancellor,
The Portuguese Republic:
Jaime Gama,
Minister for Foreign Affairs,
The Republic of Finland:
Tarja Halonen,
Minister for Foreign Affairs,
The Kingdom of Sweden:
Mats Hellström,
Minister of European Affairs and Foreign Trade,
The United Kingdom of Great Britain and Northern Ireland:
Malcolm Rifkind,
Minister for Foreign and Commonwealth Affairs,
The European Community:
Javier Solana Madariaga,
Minister for Foreign Affairs,
Chairman-in-Office of the Council of the European Union,
Manuel Marin,
Vice-Chairman of the Commission of the European Communities,
The Republic of Argentina:
Guido di Tella,
Minister of External Relations,
The Federal Republic of Bresil:
Luiz Felipe Palmeira Lampreia,
Minister of External Relations.
The Republic of Paraguay:
Luis Maria Ramirez Boettener,
Ministers for Foreign Affairs,
The Eastern Republic of Uruguay:
Alvaro Ramos Trigo,
Minister of External Relations,
The South March:
Alvaro Ramos Trigo,
Minister of External Relations,
Chairman-in-Office of the Southern Common Market,
Which, after having exchanged their full powers, recognized in due form,
The following provisions have been agreed:
PART I. - Objectives, principles and scope of application
ARTICLE 1er
Basis of cooperation
Respect for democratic principles and fundamental 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
Objectives and areas of application
1. The purpose of this Agreement is to strengthen the relationship between the parties and to prepare the conditions for the establishment of an interregional association.
2. For the purpose of realizing these objectives, this Agreement covers the areas of trade, economy and cooperation for integration, as well as other areas of common interest, with the aim of intensifying relations between the parties and between their respective institutions.
ARTICLE 3
Political dialogue
1. The parties establish a regular political dialogue that accompanies and consolidates the rapprochement between the European Union and the Mercosur. This dialogue takes place according to the terms contained in the joint declaration annexed to the agreement.
2. With regard to the ministerial dialogue provided for in the joint declaration, it shall take place within the Cooperation Council established by Article 25 of this Agreement or in other forums of the same level of which it shall be decided jointly,
PART II. - Commercial domain
ARTICLE 4
Objectives
The parties undertake to intensify their relations in order to encourage the increase and diversification of their trade, to prepare for the progressive and reciprocal further liberalization of these trades and to promote the creation of favourable conditions for the establishment of the interregional association, taking into account the sensitivity of certain products, in accordance with the WTO.
ARTICLE 5
Economic and trade dialogue
1. The parties agree on the areas of trade cooperation, without excluding any sector.
2. To this end, the parties undertake to maintain a periodic economic and commercial dialogue in accordance with the institutional framework set out in Part VIII of this Agreement.
3. In particular, this cooperation focuses on:
(a) Market access, trade liberalization (tariff and non-tariff barriers) and trade disciplines, such as restrictive business practices, rules of origin, safeguard measures, special customs regimes, etc:
(b) the trade relations of parties with third countries:
(c) compatibility of trade liberalization with GATT/WTO standards:
(d) the identification of sensitive products and priority products for the parties;
(e) cooperation and exchange of services information, within their respective competencies.
ARTICLE 6
Cooperation in agro-food and industrial standards
compliance
1. The parties agree to cooperate to promote their alignment with quality policy with respect to agri-food and industrial products and the recognition of compliance in a manner consistent with international criteria.
2. The parties examine, within their competence, the possibility of negotiating for the conclusion of agreements on mutual recognition.
3. Co-operation is carried out mainly by promoting any type of action that contributes to raising the quality levels of the products and enterprises of both parties.
ARTICLE 7
Customs cooperation
1. The parties promote customs cooperation to improve and consolidate the legal framework for their trade relations.
Customs cooperation can also be aimed at strengthening the customs structures of the parties and improving their functioning in the context of inter-institutional cooperation.
2. Customs cooperation can be achieved, inter alia, by:
(a) exchange of information:
(b) the development of new training technologies and the coordination of the activities of relevant international organizations;
(c) exchanges of officials and senior officials of customs and tax administrations;
(d) simplification of customs procedures;
(e) Technical assistance.
3. The parties affirm their interest in considering in the future, within the institutional framework provided for in this Agreement, the conclusion of a Customs cooperation protocol.
ARTICLE 8
Statistical cooperation
The parties agree to promote a reconciliation of the methods used in the statistical field with a view to the use, on reciprocally recognized basis, of statistical data on the exchange of goods and services and, in general, in all areas likely to be subject to statistical treatment.
ARTICLE 9
Intellectual property cooperation
1. The parties agree to cooperate in intellectual property in order to promote investment, technology transfer, trade and related economic activity, as well as to prevent distortions.
2. The parties shall ensure, within the framework of their respective laws, regulations and policies and in accordance with the commitments made in the TRIPS agreement, adequate and effective protection of intellectual property rights and decide, if necessary, its strengthening.
3. For the purposes of the preceding paragraph, intellectual property includes, among other things, copyrights and neighbouring rights, trademarks or trade marks, geographical indications and labels of origin, industrial designs and designs, patents, topographies of integrated circuits.
PART III. - Economic cooperation
ARTICLE 10
Objectives and principles
1. The parties, taking into account their mutual interest and their medium- and long-term economic objectives, promote economic cooperation so that it contributes to the expansion of their economies, to the strengthening of their international competitiveness, to the encouragement of technological and scientific development, to the improvement of their respective levels of life, to the promotion of conditions of creation and quality of employment, and which ultimately facilitate the diversification and diversification of their respective economic ties.
2. The parties promote the regional treatment of any cooperative action that, both through its scope and the result of the implementation of economies of scale, allows for a more rational and effective use of the available means, as well as an optimization of the expected results.
3. Economic cooperation among the parties is carried out on as broad as possible, without excluding any a priori sector, taking into account the respective priorities of the parties, their mutual interest and their own expertise.
4. In the light of all of the above, the parties cooperate in all areas that promote the creation of economic and social networks and that lead to a reconciliation of their respective economies, as well as in all areas where the transfer of specific knowledge on regional integration is taking place.
5. As part of this cooperation, parties promote the exchange of information on their respective macroeconomic indicators.
6. The preservation of the environment and ecological balances is taken into account by the parties in their cooperative actions.
7. Social development and, in particular, the promotion of fundamental social rights inspire the actions and measures supported by the parties in this area.
ARTICLE 11
Cooperation between enterprises
1. The parties promote cooperation among enterprises in order to create a framework for economic development that takes into account their mutual interests.
2. This cooperation includes:
(a) increase trade flows, investment, industrial cooperation projects and technology transfer:
(b) support industrial modernization and diversification;
(c) Identify and eliminate obstacles to industrial cooperation between the parties through measures that promote respect for competition law and promote its adequacy to market needs, taking into account the participation of operators and the dialogue among them;
(d) Enhancing cooperation between the economic operators of both parties, including between small and medium-sized enterprises;
(e) promote industrial innovation through the implementation of an integrated and decentralized approach to cooperation between operators in both regions;
(f) maintain the coherence of all actions that can have a positive impact on cooperation between companies in both regions.
3. Cooperation is carried out mainly by the following actions:
(a) Strengthened contacts between operators and networks of both parties through conferences, technical seminars, prospecting missions, participation in corporate and sectoral fairs and business meetings;
(b) appropriate initiatives to support cooperation between small and medium-sized enterprises, such as the promotion of joint ventures, the establishment of information networks, the establishment of commercial offices, the transfer of experience and expertise, subcontracting, applied research, licences and franchises, etc;
(c) Promotion of initiatives to strengthen cooperation between economic operators of Mercosur and European associations with a view to establishing dialogues between networks;
(d) training, networking and research support activities.
ARTICLE 12
Encouragement of investment
1. The parties promote, within their skills, the establishment of an attractive and stable environment in order to generate mutually advantageous investments.
2. Such cooperation is carried out, inter alia, through:
(a) organization of a systematic network of information, identification and dissemination with respect to legislation and investment opportunities;
(b) support for the establishment of a legal environment that promotes investment between the parties, including by the conclusion, where appropriate, between the member states of the Community and the States parties to the Mercosur concerned, of bilateral agreements to encourage and protect investments and bilateral agreements to avoid double taxation;
(c) promotion of joint ventures, especially between small and medium-sized enterprises.
ARTICLE 13
Energy cooperation
1. Co-operation between the parties tends to encourage the reconciliation of their economies in the energy sectors, taking into account their rational and environmentally friendly exploitation.
2. Cooperation in the field of energy is carried out mainly through the following actions:
(a) exchange of information in all appropriate forms, including through the organization of joint meetings;
(b) technology transfer;
(c) Encouragement of the participation of the economic operators of both parties has joint projects for technological development or infrastructure;
(d) technical training programmes;
(e) dialogue on energy policies within their competence.
3. Parties may, where appropriate, enter into specific agreements of mutual interest.
ARTICLE 14
Transport cooperation
1. Cooperation between the parties in the field of transport aims to support the restructuring and modernization of transport systems and to seek mutually satisfactory solutions for the movement of persons and goods in all modes of transport.
2. Cooperation is prioritized through:
(a) exchange of information on the respective transport policies and other matters of mutual interest;
(b) training programmes for transport operators.
3. In the context of the economic and commercial dialogue referred to in Article 5, and in the perspective of the interregional association, both parties pay attention to all aspects of international transport services so that they do not constitute an obstacle to the mutual expansion of trade.
ARTICLE 15
Scientific and technological cooperation
1. The parties agree to cooperate in science and technology to promote a sustainable working relationship between their scientific communities and to exchange regional scientific and technological information and experiences,
2. Scientific and technological cooperation between the parties is carried out mainly by:
(a) joint research projects in areas of common interest;
(b) exchanges of scientists to encourage joint research, project development and high-level training;
(c) joint scientific meetings to enable the exchange of information, promote interactions and facilitate the identification of common research areas;
(d) the dissemination of results and the development of linkages between the public and private sectors.
3. This cooperation involves the higher education institutions of both parties, research centres and productive sectors, including small and medium-sized enterprises.
4. The parties agree on the scope, nature and priorities of this cooperation through a multi-year programme adaptable to the circumstances,
ARTICLE 16
Cooperation
Telecommunications and Information Technology
1. The parties agree to establish joint cooperation in the field of telecommunications and information technology to promote their economic and social development, to stimulate the information society and to facilitate progress towards the modernization of society.
2. In particular, cooperation activities in this area include:
(a) Facilitate the establishment of a dialogue on the various aspects of information society and promote the exchange of information on standardization, conformity testing and certification in information and telecommunications technologies;
(b) to disseminate new information and communication technologies, in particular in the areas of digital networks that integrate services, data transmission, the creation of new communication services and information technology
(c) stimulate the launch of joint research, technological and industrial development projects in the areas of new communications technology, telematics and information society.
ARTICLE 17
Environmental protection cooperation
1. The parties promote, in accordance with the objective of sustainable development, consideration of the protection of the environment and the sound use of natural resources in the various areas of interregional cooperation.
2. The parties agree to give particular attention to measures concerning the global dimension of environmental problems.
3. This cooperation may include, in particular, the following:
(a) exchange of information and experience, including regulations and standards;
(b) Environmental training and education;
(c) technical assistance, implementation of joint research projects and, where appropriate, institutional assistance,
PART IV. - Strengthening of the integration
ARTICLE 18
Objectives and areas of application
1. Cooperation between the parties tends to support the objectives of the Mercosur integration process and encompasses all areas of this agreement,
2. To this end, cooperation activities are reviewed in accordance with the specific requests of Mercosur.
3. Cooperation must take all appropriate forms, including:
(a) information exchange systems in all appropriate forms, including the development of information networks;
(b) training and institutional support;
(c) studies and joint projects;
(d) Technical assistance.
4. The parties shall cooperate to ensure the maximum effectiveness of the use of their resources with respect to the collection, analysis, publication and dissemination of information, without prejudice to the provisions which, if any, prove necessary to preserve the confidential nature of some of these information. Similarly, they agree to ensure the protection of personal data in all areas where it is planned to exchange information through computer networks,
PART V. - Inter-institutional cooperation
ARTICLE 19
Objectives and scope
1. The parties promote closer cooperation between their respective institutions, including by stimulating regular contacts between them.
2. This cooperation takes place on the broadest possible basis and in particular with assistance:
(a) any means that promotes regular exchanges of information, including the joint installation of communication computer networks;
(b) experience transfer;
(c) advice and information.
PART VI. - Other areas of cooperation
ARTICLE 20
Training and education cooperation
1, The parties shall promote, within their respective competences, the definition of the means necessary to improve education and education in the field of regional integration, both in the field of youth and vocational training and in the field of interuniversity and inter-enterprising cooperation.
2. The parties pay particular attention to actions that promote linkages between their respective specialized entities and facilitate the use of technical resources and the exchange of experiences.
3. The parties support the conclusion of agreements between the training centres and the organization of meetings between the educational and training bodies in the field of regional integration.
ARTICLE 21
Communications cooperation,
information and culture
1. In order to raise awareness of their political, economic and social realities, the parties agree, within their respective competences, to strengthen their cultural ties and to encourage the dissemination of information on the nature, objectives and scope of their respective integration processes with a view to facilitating citizens' understanding.
The parties also agree to intensify their exchange of information on issues of common interest.
2. This cooperation seeks to promote meetings between the media of both parties. including technical assistance actions.
It may include the organization of cultural activities when the regional nature of such activities justifies it.
ARTICLE 22
Cooperation in combating drug trafficking
1. The parties shall promote, in accordance with their respective competencies, the coordination and intensification of their efforts to combat drug trafficking and its multiple consequences, including financial consequences.
2. This cooperation promotes consultations and better coordination between the parties at the regional level and, where appropriate, between the relevant regional institutions,
ARTICLE 23
Evolutionary clause
1. The parties may extend this Agreement by mutual consent to raise the levels of cooperation and to supplement it, in accordance with their respective legislation, by agreements relating to specific sectors or activities.
2. With respect to the application of this Agreement, each party may make proposals to broaden the scope of mutual cooperation, taking into account the experience gained during the implementation of this Agreement.
PART VII. - Means of cooperation
ARTICLE 24
1. In order to facilitate the achievement of the cooperation objectives set out in this Agreement, the parties undertake to provide the appropriate means for their implementation, including financial means, within the framework of their availability and their respective mechanisms.
2. Taking into account the results achieved, the parties encourage the European Investment Bank to intensify its action in the Mercosur, in accordance with its procedures and funding criteria.
3. The provisions of this Agreement do not affect bilateral cooperation arising from existing cooperation agreements.
PART VIII. - Institutional framework
ARTICLE 25
1. A Cooperation Council is established to oversee the implementation of this Agreement; the Cooperation Council shall meet at the ministerial level, at regular intervals and whenever the circumstances so require.
2. The Co-operation Council examines the important issues arising under this Agreement, as well as any other bilateral or international issues of common interest, with a view to achieving the objectives of this Agreement.
3. The Co-operation Council may also formulate appropriate proposals with mutual agreement between the two parties. In the exercise of these functions, in particular, it is responsible for proposing recommendations that contribute to the realization of the later objective of the interregional association.
ARTICLE 26
1. On the one hand, the Council of Cooperation consists of members of the Council of the European Union and members of the European Commission and, on the other, members of the Council of the Common Market of Mercosur and members of the Mercosur Joint Market Group.
2. The Cooperation Council rules its rules of procedure.
3. The Presidency of the Cooperation Council is in turn exercised by a representative of the Community and a representative of Mercosur.
ARTICLE 27
1. The Council of Cooperation is assisted, in carrying out its mission, by a joint commission of cooperation, which consists of members of the Council of the European Union and members of the European Commission, on the one hand, and representatives of the Mercosur, on the other.
2. As a general rule, the joint commission meets once a year, alternately in Brussels and one of the States parties to the Mercosur, on a date and with an agenda agreed upon. Extraordinary meetings may be convened by consent between the parties. The chairmanship of the joint commission is exercised, alternatively, by a representative of each party.
3. The Council of Cooperation shall, in its rules of procedure, establish the modalities for the operation of the joint commission.
4. The Cooperation Council may delegate all or part of its competence to the Joint Commission. which will ensure continuity between the meetings of the Cooperation Council.
5. The Joint Commission assists the Cooperation Council in the fulfilment of its mission. In the performance of these functions, the joint commission shall in particular:
(a) to stimulate trade relations in accordance with the objectives of this Agreement and in accordance with its provisions under Part II;
(b) to exchange views on any issue of common interest in the preparation of trade liberalization and cooperation, including future cooperation programmes and the means available for their implementation;
(c) to submit to the Cooperation Council proposals to stimulate the preparation of trade liberalization and the intensification of cooperation, also taking into account the necessary coordination of the planned actions; and
(d) more generally, to submit to the Cooperation Council proposals that contribute to the final objective of the EU-Mercosur interregional association.
ARTICLE 28
The Cooperation Council may decide to establish any other body to assist it in the fulfilment of its mission; it determines its composition, mission and operation.
ARTICLE 29
1. In accordance with the provisions of Article 5 of this Agreement, the parties shall establish a joint commercial subcommission to ensure the achievement of the trade objectives set out in this Agreement and to prepare the work for further trade liberalization.
2. The joint commercial subcommission is composed of members of the Council of the European Union and members of the European Commission, on the one hand, and representatives of the Mercosur, on the other.
It may request any technical studies and analyses that it considers necessary.
3. The Joint Trade Subcommission shall submit to the Joint Cooperation Commission provided for in Article 27 of this Agreement, once a year, reports on the status of its work and proposals for further trade liberalization.
4. The Joint Commercial Subcommission shall submit its rules of procedure for the approval of the Joint Commission.
ARTICLE 30
Consultation clause
As part of their competence, the parties undertake to hold consultations on any of the matters set out in this Agreement.
The procedure to be followed for consultations referred to in the preceding paragraph is set out in the rules of procedure of the joint commission.
PART IX. - Final provisions
ARTICLE 31
Other agreements
Without prejudice to the provisions of the treaties establishing the European Community and Mercosur, this Agreement. as well as any action taken pursuant to it, does not affect the power of the Member States of the European Community and the States parties to the Mercosur to undertake, within the framework of their respective competences, bilateral actions and to conclude, as a result, new agreements.
ARTICLE 32
Definition of parties
For the purposes of this Agreement, the terms "the parties" shall, on the one hand, designate the Community or its Member States or the Community and its Member States, according to their respective competences, as a result of the Treaty establishing the European Community, and on the other hand, the Mercosur or its States Parties, in accordance with the Treaty establishing the Common Market of the South.
ARTICLE 33
Territorial application
This Agreement applies to territories where the Treaty establishing the European Community is applicable and under the conditions provided for in the said Treaty, on the one hand, and to territories or the Treaty establishing the Southern Common Market is applicable and under the conditions provided for in the said Treaty and the Additional Protocols, on the other.
ARTICLE 34
Duration and entry into force
1. This Agreement has an indefinite period.
2. The parties shall determine, in accordance with their respective procedures and in accordance with the work and proposals elaborated in the institutional framework of this Agreement, the opportunite, the timing and conditions for the commencement of negotiations leading to the establishment of the interregional association.
3. This Agreement shall enter into force on the first day of the month following the month in which the parties notify themselves of the completion of the necessary formalities for this purpose.
4. These notifications are addressed to the Council of the European Union and the Mercosur Joint Market Group.
5. The depositary of this Agreement shall be the Secretary General of the Council for the Community and the Government of the Republic of Paraguay for Mercosur.
ARTICLE 35
Enforcement of obligations
The parties shall take any general or special measures necessary for the fulfilment of their obligations under this Agreement and ensure that the objectives envisaged by this Agreement are met.
If one of the parties considers that the other party has not complied with 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 Commission with all relevant information that is necessary for a thorough review of the situation, with a view to finding a solution acceptable to the parties.
The choice must be given as a priority to the measures that disrupt the operation of this Agreement at least. They are immediately notified to the Joint Commission and are subject to consultations within the Joint Commission at the request of the other party.
2. The parties agree that, by "special emergency cases", a term set out in paragraph 1 of this article, a substantial violation of the agreement by one of the parties. A substantial violation of the agreement is:
(a) a repudiation 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 1er.
3. The parties agree that the "appropriate measures" referred to in this article are measures taken in accordance with international law. If one of the parties adopts a special emergency action pursuant to this article, the other party may request the urgent convening of a meeting of the two parties in a fifteen-day period.
ARTICLE 36
Faithful texts
This Agreement is in duplicate in German, English, Danish, Spanish. French, Finnish, Greek, Italian. Dutch, Portuguese and Swedish, all these texts being equally authentic.
ARTICLE 37
Signature
This Agreement will be open for signature in Madrid between 15 and 31 December 1995.
Done in Madrid, on the fifteenth of December, he was one hundred and ninety-five.

Joint statement on the political dialogue between the European Union and Mercosur
Preamble
The European Union and the States parties to the Mercosur,
conscious of the historical, political and economic ties that unite them, of their common cultural heritage and of the deep relations of friendship between their peoples;
Considering that political and economic freedoms are the basis of the societal societies of the member countries of the European Union and Mercosur;
Reaffirming, in accordance with the Charter of the United Nations, the value of human dignity and the promotion of human rights as the foundations of democratic societies;
Reaffirming the essential role of democratic principles and institutions based on the rule of law, whose respect presides over the internal and external policies of the parties;
desirous of consolidating international peace and security in accordance with the principles established in the Charter of the United Nations;
affirming jointly their interest in regional integration as an instrument for promoting a sustainable and harmonious development of their peoples, based on principles of social progress and solidarity among their members;
based on the privileged relations established by the framework agreements for cooperation between the European Community and each of the States parties to the Mercosur;
Recalling the principles established in the joint solemn declaration signed by the parties on 22 December 1994,
decided to include their relationships in a long-term perspective.
Objectives
Mercosur and the European Union solemnly reaffirm their commitment to progress towards the establishment of an interregional association and to establish a strengthened political dialogue.
Regional integration is one of the means to achieve sustainable and socially harmonious development, as well as a mechanism for inclusion in competitive conditions in the international economy.
The objective of this dialogue will also be to achieve closer consultation on biregional and multilateral issues, including through coordination of respective positions in relevant forums.
Mechanisms for dialogue
The political dialogue between the parties will be carried out through contacts, exchanges of information and consultations, in particular in the form of meetings at the appropriate level between the various bodies of Mercosur and the European Union, as well as through the full use of diplomatic channels.
In particular, and with the aim of establishing and developing this political dialogue on bilateral and international issues of mutual interest, the parties agree:
(a) that meetings, whose modalities will be defined by the parties, will be held regularly between the heads of State of the Mercosur countries and the highest authorities of the European Union;
(b) a meeting will be held annually between the Ministers of External Relations of Mercosur and the Ministers of External Relations of the Member States of the European Union, in the presence of the European Commission. Such meetings shall be held in a place to be determined by the parties each time;
(c) that, in addition, meetings will be held between other relevant ministers on matters of common interest, where the parties consider that their meeting is necessary to strengthen mutual relations;
(d) that meetings will be held periodically between senior officials of both parties.

Exchange of letters concerning the provisional application of certain provisions of the Interregional Framework Agreement for Cooperation between the European Community and its Member States, on the one hand, and the Southern Common Market and its States Parties, on the other
Sir,
I have the honour to refer to the interregional cooperation framework agreement between the European Community and its member states on the one hand and the Common Market of the South and its States parties on the other, signed on 15 December 1995 in Madrid.
Pending the entry into force of this agreement, I have the honour to suggest that the European Community and Mercosur apply provisionally the provisions on trade cooperation as set out in Articles 4 to 8 of Title II of the agreement mentioned above.
In order to ensure the effectiveness of our cooperation in the form provided for in these last provisions, I have the honour to propose to you also the provisional application of the provisions relating to the establishment of institutions responsible for the implementation of the agreement as set out in Articles 27, 29 and 30.
Finally, I have the honour to suggest that if the above is acceptable to the Mercosur this letter and your confirmation together constitute an agreement between the European Community and Mercosur.
Please accept, sir, the assurance of my highest consideration.

On behalf of the Council of the European Union
Sir,
I have the honour to acknowledge receipt of your letter of this day on the provisional application of certain provisions of the Interregional Framework Agreement for Cooperation between the European Community and its Member States, on the one hand, and the Common Market of the South and its Patriotic States, on the other hand, signed on 15 December 1995 in Madrid, and to read as follows:
I have the honour to refer to the interregional cooperation framework agreement between the European Community and its member states, on the one hand, and the South Common Market and its States parties, on the other hand, signed on 15 December 1995 in Madrid.
Pending the entry into force of this agreement, I have the honour to suggest that the European Community and Mercosur apply, on a provisional basis, the provisions on trade cooperation, as set out in Articles 4 to 8 of Title II of the agreement mentioned above.
In order to ensure the effectiveness of our cooperation in the form provided for in these latter provisions, I have the honour to propose to you also the provisional application of the provisions relating to the establishment of institutions responsible for the implementation of the agreement, as set out in Articles 27, 29 and 30.
Finally, I have the honour to suggest that, if the foregoing is acceptable to Mercosur, the presenne letter and your confirmation together constitute an agreement between the European Community and Mercosur.
I am able to confirm the Mercosur agreement on the contents of this letter.
Please accept, sir, the assurance of my highest consideration.
For Mercosur

Minutes of signing of the Interregional Cooperation Framework Agreement between the European Community and its Member States, on the one hand, and the Southern Common Market and its States Parties, on the other hand
The Plenipotentiaries of the Contracting Parties today proceeded to the signing of the Interregional Framework Agreement for Cooperation between the European Community and its Member States, on the one hand, and the Common Market of the South and its States Parties, on the other hand, and took note of the declaration annexed to the present report.
Made in Madrid, on the fifteenth of December, nine hundred and ninety-five.

DECLARATION CONJOINT
Pending the completion of the procedures for the entry into force of the agreement. The parties agree to implement. immediately following the signature. The mechanisms of the dialogue set out in the Annex to this Agreement.
For the consultation of the table, see image
This agreement has not yet entered into force. The effective date will be published in a subsequent notice.