Decree No. 4,172, Of 21 March 2002

Original Language Title: Decreto nº 4.172, de 21 de Março de 2002

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Decree No. 4,172, of 21 MARCH 2002.
Adopts provisions concerning the performance of the twenty-sixth additional protocol to the agreement of Economic Complementation in 18, between the Governments of the Federative Republic of Brazil, Argentina, the Republic of Paraguay and the Eastern Republic of Uruguay, of 29 December 2000, according to minutes of the rectification of 8 August 2001.

The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, section IV, of the Constitution, whereas the Treaty of Montevideo of 1980, which created the Latin American Integration Association (ALADI) signed by Brazil on August 12 1980 and approved by the National Congress through legislative decree in 66, of 16 November 1981, provides the Economic Complementation Agreement mode;
Whereas, on the basis of the Treaty of Montevideo of 1980, the Economic Complementation Agreement in 18 was signed by the Governments of the Federative Republic of Brazil, Argentina, the Republic of Paraguay and the Eastern Republic of Uruguay, in Montevideo, on 29 November 1991, and incorporated into the Brazilian legal system by means of Decree No. 550, of 27 May 1992;
Whereas was signed on 29 December 2000, in Montevideo, the twenty-sixth additional protocol to the agreement of Economic Complementation in 18, incorporated into the Brazilian legal system by means of Decree No. 3,804, of 24 April 2001;
Considering that was published in August 2001 8 rectification of the Ata quoted twenty-sixth additional protocol to the agreement of Economic Complementation in 18;
DECREES: Art. 1 the minutes of rectification of 8 August 2001 on the twenty-sixth additional protocol to the agreement of Economic Complementation in 18, between the Governments of the Federative Republic of Brazil, Argentina, the Republic of Paraguay and the Eastern Republic of Uruguay, of 29 December 2000, attached to this order, copy will be performed and accomplished as fully as it contains.
Art. 2 this Decree shall enter into force on the date of your publication.
Brasília, 21 March 2002; 181 of independence and 114 of the Republic.
FERNANDO HENRIQUE CARDOSO Celso Lafer This replaces the text published in the D.O.U. Ata 22.3.2002 straightening of twenty-sixth additional protocol to the agreement of Economic Complement paragraph 18 in the city of Montevideo, the eight days of the month of August 2001, the General Secretariat, in use of colleges which gives the resolution 30 of the Committee of Representatives , as depository of the agreements and Protocols signed by the Governments of the Member countries of the Association, and of compliance with the established in your Article Third, does the record: First I noted the lack of consistency between the texts, in Portuguese and Spanish versions, the twenty-sixth additional protocol to the agreement of Economic Complementation nº 18, signed on 29 December 2000.
Second.-That this lack of agreement is that the Portuguese version figure an article 14, concerning the entry into force of this Protocol, which is not in the Spanish version.
Third.-I found the permanent representations of Argentina, Brazil, Paraguay and Uruguay, it was agreed that the correct version of the twenty-sixth additional protocol to the agreement on Economic Complementation No. 18 is the Spanish version (Note SGA-with-200/01, of July 13, 2001 and 487/01 note of 3 August 2001, the permanent representation of Uruguay, in the Office of President Pro Tempore of MERCOSUR).
Fourth.-as a result of the above, and given that the amendment has the consent of the signátarios countries, this secretariat has scratching on page 3 of the Portuguese version of the twenty-sixth additional protocol to the agreement on Economic Complementation No. 18 the following text: "Article 14.-the present Protocol shall enter into force thirty days after the Secretary General's report to the countries signatory to the receipt of the last notification concerning the accomplishment of the formalities of your respective incorporation internal legal system. "
And for the record, this Secretariat-General plowing this Retifição Ata in place and date indicated.
Agreement of Economic Complementation nº 18, concluded between Argentina, Brazil, Paraguay and Uruguay twenty-sixth additional protocol the Plenipotentiaries of the Republic Argentina, of the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, accredited by their respective Governments in accordance with powers that have been granted in good and due form, deposited in due course in the General Secretariat of the Latin American Integration Association (LAIA) with A view to the decision No 69/00 of the Council of the common market.
Whereas the establishment of special arrangements for imports of MERCOSUR, Suitable in: article 1.-this standard applies to special import customs procedures unilaterally adopted by the signatory countries, involving the partial or total suspension of customs duties that write the temporary or definitive import of goods and do not have as objective the improvement and subsequent re-exportation of the goods to third countries. In the case of special customs areas, this Protocol only applies according to articles 10 and 11.
Article 2.-The Parties undertake to eliminate completely, on January 1, 2006, special import customs procedures mentioned in the preceding article and the benefits granted under those schemes, except the special customs areas.
Article 3.-Until the date mentioned in the previous article, the Parties may request the compliance with MERCOSUR Origin scheme for all trade intrazona.
For the purposes of the application of the special arrangements referred to in article 1, the CCM should wake up a reduced list, consisting of a maximum of 25 (twenty five) items from the NCM, by a signatory, to analyze the conditions that will govern your intrazona trade. To draw up such a list, the signatory countries shall submit, before 28 February 2001, an enumeration of products to incorporate the same, with the background and arguments relevant to the difficulties caused. The CCM shall have a period of 30 days to wake up that list.
To wake up the conditions cited in the previous paragraph, the CCM shall have 60 days from the date of drawing up of the list. When for any of the listed products has not been possible to wake up special conditions, these shall meet the requirement for regional value added of 60% as the only limitation to your intra-MERCOSUR trade.
Article 4.-the products that were produced using the mechanisms provided for in article 2 will benefit from free trade within the MERCOSUR until January 1, 2006, since, as provided for in the previous article, comply with the rules on origin of the MERCOSUR.
Article 5.-Until the date set out in article 2, will not apply the limitations referred to in article 12 of the 13th Additional Protocol to the agreement for concessions of draw-back "or temporary admission laid down in article 7 of this Protocol.
Article 6.-repeals the decision CMC No. 21/98.
Article 7.-the signatory countries shall submit info on features, nature and legal basis of each of the special customs regimes of imports covered by the definition given in Art. 1. Similarly, the Contracting States shall exchange periodically, through the Commission, statistics on the effective use of these mechanisms. These data should include statistics on imported goods, identifying the position and value in your NCM dollars and quantities.
Statistical information will be updated once completed the period of the year 2000 and thereafter annual form. The first Exchange of information should contain the data corresponding to the year of 2000 and should take place before 30 June 2001.
Article 8.-the signatory countries which consider themselves adversely affected by the schemes referred to in article 1 may request, through the GMC, changes to the same the signatory countries that apply. These will give proper consideration to requests and will perform the requested modifications, complied with the contractual relations established. If it is not possible to enter the requested modification or other equivalent effect, the signatory will present detailed justification applicator in substantive terms, and not merely formal, legal for non-attendance of the request.
Article 9.-refusal, unilaterally, of special import customs procedures referred to in article 1 which were not in force on 30 June 2000.
Import customs procedures in force at the date mentioned that, for internal legal provision of a signatory, have scheduled elimination before January 1, 2006 may be extended until that date.
Article 10.-Is extended until 30 June 2001, the establishment of the conditions for the marketing on the MERCOSUR of products of special customs areas, as provided for in article 4, letter (c) of decision CMC No. 31/00.

Article 11.-trade negotiations between MERCOSUR and third countries or blocks not exclude a priori the products produced in the free zones of any nature or special customs areas existing in the signatory countries. The specific conditions with respect to each case shall be defined by the GMC.
Article 12.-Member countries may establish Special Common import Regimes for MERCOSUR, including final admission into the territory of any of the Contracting States, from the identification of sectors or products to be covered with specific business policies. Such schemes shall be established by the GMC from MCC's proposals.
Article 13.-Member countries will have to adapt their national legislation to the provisions of this Protocol.
The ALADI General Secretariat is depository of this Protocol, which shall send certified copies to the signatory Governments.
In witness whereof, the respective Plenipotentiaries signed this Protocol in Montevideo, Uruguay, at the age of twenty-nine days of the month of December 2000, in an original Portuguese and Spanish languages, both texts being equally valid. (a) by the Government of the Republic Argentina: Carlos Onis Vigil; By the Government of the Federative Republic of Brazil: José Artur Denot Medeiros; By the Government of the Republic of Paraguay: José María couple; By the Government of the Eastern Republic of Uruguay: Elbio Rosselli Frieri

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