DECREE NO. 5,075, OF May 11, 2004

Disposes on the execution of the Quadragth Sixth Additional Protocol to the Economic Supplementation Agreement no 18, between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, of February 17, 2004.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers him the art. 84, inciso IV, of the Constitution, and

Whereas the Treaty of Montevideo of 1980, which created the Latin American Integration Association (ALADI), firmed up by Brazil on August 12, 1980 and approved by the Congress National, by means of the Legislative Decree No. 66 of November 16, 1981, provides for the modality of Economic Supplementation Agreement;

Whereas the Plenipotentiaries of the Federative Republic of Brazil, of the Republic Argentina, the Republic of Paraguay and the Eastern Republic of Uruguay, on the basis of the Treaty of Montevideo of 1980, signed, in Montevideo on November 29, 1991, the Economic Supplementation Agreement No. 18, between the Governments of the Republic Federative of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, incorporated into Brazilian domestic law by the Decree No. 550 of May 27, 1992;

Whereas the Plenipotentiaries of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay, on the basis of the Treaty of Montevideo of 1980, signed, in Montevideo on February 17, 2004, the Quadragth Sixth Additional Protocol to the Economic Supplementation Agreement no 18, between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Eastern Republic of Uruguay;

DECRETA:

Art. 1º The Quadrageth Sixth Additional Protocol to the Economic Supplementation Agreement no 18, between the Governments of the Federative Republic of Brazil, the Argentine Republic, the Republic of Paraguay and the Republic Eastern Uruguay, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º This Decree comes into effect on the date of its publication.

Brasília, May 11, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

AGREEMENT OF ECONOMIC COMPLEMENTATION N ° 18 CELEBRATED

BETWEEN ARGENTINA, BRAZIL, PARAGUAY AND URUGUAY

Quadragumeth Sixth Additional Protocol

The Plenipotentiaries of the Argentine Republic, of the Federative Republic of Brazil, of the Republic of Paraguay and the Eastern Republic of Uruguay, accredited by their respective Governments second powers bestowed in good and due form, deposited opportunely at the General Secretariat of the Latin American Integration Association (ALADI),

TAKING INTO ACCOUNT the Eighteenth Additional Protocol to the Economic Supplementation Agreement N ° 18 and the GMC Resolution N ° 43/03,

DECK IN:

Article 1 °-Incorporate into the Agreement of Economic Supplementation N ° 18 a Decision No. 17/03 of the Common Market Council concerning the Commodity Certification Scheme originating in MERCOSUR stored in customs deposits of one of its States Parties, which is listed as Annex and makes part of this Protocol.

Article 2º-This Protocol shall enter into force thirty days after the notification of the General Secretariat of the ALADI to the signatory countries, accusing the receipt of the communication of the Registry of the MERCOSUR regarding the incorporation of the MERCOSUR standard and its corresponding Additional Protocol to the legal ordinances of the four States Parties to MERCOSUR.

The General Secretariat of the ALADI should make such notification, if possible, on the same day as receiving the communication from the MERCOSUR Secretariat.

The General Secretariat of the ALADI shall be depositary of this Protocol, of which it will send duly certified copies to the Governments of the countries signatories and the MERCOSUR Registry.

IN FÉ THAN, THE RESPECTIVE PLENIPOTENTIARIES SIGN the present Protocol in the city of Montevideo, at the seventeen days of the month of February of the year two thousand and four, in an original in the idioms Portuguese and Spanish, being both texts being equally valid. (a.) By the Government of the Argentine Republic: Juan Carlos Olima; By the Government of the Federative Republic of Brazil: Bernardo Pericás Neto; By the Government of the Republic of Paraguay: Bernardino Hugo Saguier Caballero; By the Government of the Eastern Republic of the Uruguay: Agustín Espinosa.

MERCOSUR-cmc/dec. 17/03

CERTIFICATION REGIME OF GOODS ORIGINATING IN MERCOSUR STORED IN CUSTOMS DEPOTS OF ONE OF ITS STATES PARTIES

HAVING IN VISTA: The Treaty of Asuncion, the Black Gold Protocol, the Source Regime MERCOSUR, and the Common Market Group Resolution No. 43/03.

CONSIDERING:

That the goal of perfecting the customs union presupposes moving forward in the free movement of goods on the market extended.

That the establishment of a regime for the movement of originating goods stored in customs depots of the States Parties of MERCOSUR presupposes a first step towards the free movement of goods in the MERCOSUR.

THE COUNCIL OF THE COMMON MARKET

DECIDE:

Art. 1? Approve the "Certification Scheme of Goods Originating in MERCOSUR Stored in Customs Deposits of one of its States Parties", which includes as an Annex to this Decision.

Art. 2? Each State Party shall regulate the present regime and shall notify such regulations to the CCM.

Art. 3? The State Party which has incorporated into its internal legal order the present Decision and adopted the Regulation to which reference Article 2 may curate operations through this regime from the date of the adoption of its regulations.

Art. 4? The State Party wide receiver of the goods which has not completed the process of incorporation and regulation of this Decision, may not deny itself to recognize the MERCOSUR preference in the terms of this Regime.

Art. 5? Request the States Parties to instruct their respective Representations to the LatinoAmerican Integration Association (ALADI) to protocol this Decision in the framework of the Economic Supplementation Agreement No. 18, on the terms set out in the Resolution GMC No. 43/03.

Art. 6? The States Parties to MERCOSUR should incorporate this Decision to their national legal ordinances before 04/01/2004.

XXV CMC? Montevideo, 15 /XII/03

CERTIFICATION REGIME OF GOODS ORIGINATING IN MERCOSUR STORED IN CUSTOMS DEPOTS OF ONE OF ITS STATES PARTIES

Article 1.-THE goods originating in MERCOSUR that are found under a customs deposit scheme in one of the States Parties will be able to benefit from this scheme.

Such goods may only be the object of operations intended for ensure its marketing, conservation, fractionation in batches or volumes, or other operations, whenever it does not change the tariff classification or the originating character of the goods.

Article 2.-The goods mentioned in Article 1 may be intended for any State Party in a partial or total form.

Article 3.-The goods entering to be stored under the present regime will be able to be amped by the corresponding Certificate of Origin MERCOSUR, in accordance with their respective national laws.

Once those goods have been the subject of one or more of the operations mentioned in paragraph 2º of Article 1, the States Parties may assign authorized entities with the purpose of issuing Certificates Derived by the entirety of the merchandise corresponding to the MERCOSUR Certificate of Origin mentioned in the preceding paragraph, or by part of it, within the term of that Certificate of Origin.

The Derived Certificates will contain a specification in the field "Observations" in the following terms: "Issued to the amparo of CMC Decision No. 17/03"

Article 4.-The procedures of verification and control of the goods exported under the present regime should be directly related to the MERCOSUR Origin Certificates that have amped up the goods entering the customs deposits.