INTERIM AGREEMENT on trade and trade-related matters between the European Community, of the one part, and the United Mexican States, of the other part

THE EUROPEAN COMMUNITY,

hereinafter referred to as the 'Community`,

of the one part, and

THE UNITED MEXICAN STATES,

hereinafter referred to as 'Mexico`,

of the other part,

WHEREAS the Economic Partnership, Political Coordination and Cooperation Agreement between the Community and its Member States, of the one part, and Mexico, of the other part, hereinafter referred to as the 'Global Agreement`, was signed in Brussels on 8 December 1997;

WHEREAS the Global Agreement is intended to strengthen and widen the relations between the Community and its Member States and Mexico established by the existing 1991 Framework Agreement for Cooperation;

WHEREAS it is in the mutual interest of the Parties to implement as speedily as possible, by means of an Interim Agreement, the provisions of the Global Agreement on trade and trade-related matters;

HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotentiaries,

THE EUROPEAN COMMUNITY,

Mr Jacques F. Poos,

Deputy Prime Minister,

Minister for Foreign Affairs, Foreign Trade and Cooperation of Luxembourg,

President-in-Office of the Council of the European Union,

Mr Manuel Marín,

Vice-President of the Commission of the European Communities,

THE UNITED MEXICAN STATES,

Mr Herminio Blanco,

Minister for Trade and Industry,

WHO, having exchanged their full powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

TITLE I

GENERAL PRINCIPLES

Article 1 (GA Article 1)

Basis of the Agreement

Respect for democratic principles and fundamental human rights, proclaimed by the Universal Declaration of Human Rights, underpins the domestic and external policies of both Parties and constitutes an essential element of this Agreement.

TITLE II

TRADE LIBERALISATION

Article 2

Objective

The objective of this Title is to establish a framework to encourage the development of trade in goods and services, including a bilateral and preferential, progressive and reciprocal liberalisation of trade in goods, taking into account the sensitive nature of certain products and in accordance with the relevant World Trade Organization (WTO) rules.

Article 3 (GA Article 5)

Trade in goods

In order to achieve the objective laid down in Article 2, the Joint Council established by Article 7 of the Agreement shall decide on the arrangements and timetable for a bilateral, progressive and reciprocal liberalisation of 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 account of the sensitive nature of certain products. This decision shall include, in particular, the following matters:

(a) coverage and transitional periods;

(b) customs duties on imports and exports and charges having an equivalent effect;

(c) quantitative restrictions on imports and exports and measures having equivalent effect;

(d) national treatment including the prohibition of fiscal discrimination in respect of taxes imposed on goods;

(e) anti-dumping and countervailing measures;

(f) safeguard and surveillance measures;

(g) rules of origin and administrative cooperation;

(h) customs cooperation;

(i) customs valuation;

(j) technical regulations and standards, sanitary and phytosanitary legislation, mutual recognition of conformity assessment, certifications, marks systems, inter alia;

(k) general exceptions justified on grounds of public morality, public policy or public security; the protection of human, animal or plant life or health; the protection of industrial, intellectual and commercial property, inter alia;

(l) restrictions in case of balance of payments difficulties.

TITLE III

PUBLIC PROCUREMENT, COMPETITION, INTELLECTUAL PROPERTY AND OTHER TRADE-RELATED PROVISIONS

Article 4 (GA Article 10)

Public procurement

1. The Parties shall agree to the gradual and mutual opening of agreed government procurement markets on a reciprocal basis.

2. In order to achieve this objective, the Joint Committee shall decide on the appropriate arrangements and timetable. The decision shall include, in particular, the following matters:

(a) coverage of the agreed liberalisation;

(b) non-discriminatory access to the agreed markets;

(c) threshold values;

(d) legal and transparent procedures;

(e) clear challenge procedures;

(f) use of information technology.

Article 5 (GA Article 11)

Competition

1. The Parties shall agree on the appropriate measures in order to prevent distortions or restrictions of competition that may significantly affect trade between Mexico and the Community. To this end, the Joint Council shall establish mechanisms of cooperation and coordination among their authorities with responsibility for the implementation of competition rules. Such cooperation shall include mutual legal assistance, notification, consultation and exchange of information in order to ensure transparency relating to the enforcement of competition laws and policies.

2. In order to achieve this objective, the Joint Council shall decide in particular, on the following matters:

(a) agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings;

(b) the abuse by one or more undertakings of a dominant position;

(c) mergers between undertakings;

(d) State monopolies of a commercial character;

(e) public undertakings and undertakings to which special or exclusive rights have been granted.

Article 6

Intellectual, industrial and commercial property

1. Reaffirming the great importance they attach to the protection of intellectual property rights (copyright - including the copyright in computer programmes and databases - and neighbouring rights, the rights related to patents, industrial designs, geographical indications including designation of origins, trademarks, topographies of integrated circuits, as well as protection against unfair competition as referred to in Article 10a of the Paris Convention for the Protection of Industrial Property and protection of undisclosed information), the Parties undertake to establish the appropriate measures with a view to ensuring an adequate and effective protection in accordance with the highest international standards, including effective means to enforce such rights.

2. To this effect, the Joint Council shall decide on a consultation mechanism with a view to reaching mutually satisfactory solutions in the event of difficulties in the protection of intellectual property.

TITLE IV

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 7 (GA Article 45)

Joint Council

A Joint Council is hereby established which shall supervise the implementation of this Agreement. It shall meet at ministerial level, at regular intervals, and when circumstances require. It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest.

Article 8 (GA Article 46)

1. The Joint Council shall consist of the Members of the Council of the European Union and Members of the European Commission, on the one hand, and members of the Government of Mexico, on the other.

2. Members of the Joint Council may arrange to be represented, in accordance with the conditions laid down in its rules of procedure.

3. The Joint Council shall establish its own rules of procedure. It shall meet for the first time within 30 days of the entry into force of this Agreement.

4. The Joint Council shall be presided in turn by a Member of the Council of the European Union and a Member State of the Government of Mexico, in accordance with the provisions to be laid down in its rules of procedure.

Article 9

The Joint Council shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions in the cases provided therein. The decisions taken shall be binding on the Parties which shall take the measures to implement them. The Joint Council may also make appropriate recommendations.

It shall draw up the decisions and recommendations by agreement between the two Parties.

The application of the decisions provided for in Articles 3, 4(2), 5(2) and 6(2) shall be suspended until the signature of the Global Agreement.

Article 10

Joint Committee

1. The Joint Council shall be assisted in the performance of its duties by a Joint Committee composed of representatives of the Community, on the one hand, and of representatives of the Government of Mexico, on the other, normally at senior civil servant level.

In its rules of procedure the Joint Council shall determine the duties of the Joint Committee, which shall include the preparation of meetings of the Joint Council and how the Committee shall function.

2. The Joint Council may delegate to the Joint Committee any of its powers. In this event the Joint Committee shall take its decisions in accordance with the conditions laid down in Article 9.

3. The Joint Committee shall generally meet once a year, on a date and with an agenda agreed in advance by the Parties, in Brussels one year and Mexico the next. Special meetings may be convened by mutual agreement. The office of chairman of the Joint Committee shall be held alternately by a representative of each of the Parties.

Article 11 (GA Article 49)

Other special committees

The Joint Council may decide to set up any other special committee or body that can assist it in the performance of its duties.

In its rules of procedure, the Joint Council shall determine the composition and duties of such committees or bodies and how they shall function.

Article 12 (GA Article 50)

Dispute settlement

The Joint Council shall decide on the establishment of a specific trade or trade-related dispute settlement procedure compatible with the relevant WTO provisions in this field.

Article 13 (GA Article 52)

National security clause

No provision of this Agreement shall preclude a Party taking measures:

(a) which it considers necessary to prevent disclosures of information which are contrary to the essential interests of its security;

(b) relating to the production of, or trade in, arms, munitions or war material or to research, development or production necessary to guarantee its defence, provided these measures do not adversely affect the conditions of competition regarding products which are not intended for specifically military purposes;

(c) which it considers essential to its security in the event of serious domestic disturbances liable to jeopardise public order, of war or serious international tensions that might erupt into armed conflict or to fulfil obligations it has entered into for the maintenance of peace and international security.

Article 14

The Final Act contains a Joint and a Unilateral Declaration made at the signature of this Agreement.

Article 15 (GA Article 56)

Territorial application

This Agreement shall apply to the territory in which the Treaty establishing the European Community is applied under the conditions laid down in that Treaty, on the one hand, and to the territory of the United Mexican States, on the other.

Article 16

Duration

This Agreement shall be applicable until the entry into force of the Global Agreement signed on 8 December 1997.

Each of the Parties may denounce the Agreement by notifying the other Party. The Agreement shall cease to apply six months after the date of such notification.

Article 17 (GA Article 58)

Fulfilment of obligations

1. The Parties shall adopt any general or specific measure required for them to fulfil their obligations under this Agreement and shall ensure that they comply with the objectives laid down in the Agreement.

If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before doing so, except in cases of special urgency, it must supply the Joint Council with all the relevant information required for a thorough examination of the situation, within 30 days, with a view to seeking a solution acceptable to the Parties.

In this selection of measures, priority must be given to those measures which least disturb the functioning of this Agreement. These measures shall be notified immediately to the Joint Council and shall be the subject of consultations in that Council, if the other Party so requests.

2. The Parties agree that the term 'cases of special urgency` in paragraph 1 of this Article means a case of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists of:

(a) repudiation of the Agreement not sanctioned by the general rules of international law;

(b) breach of the essential elements of the Agreement referred to in Article 1.

3. The Parties agree that the 'appropriate measures` referred to in this Article are measures taken in accordance with international law. If a Party takes a measure in a case of special urgency as provided for under this Article, the other Party may ask that an urgent meeting be called to bring the Parties together within 15 days.

Article 18 (GA Article 59)

Authentic text

This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts being equally authentic.

Article 19

Entry into force

1. This Agreement shall be approved by the Parties in accordance with their own procedures.

2. This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for this purpose.

3. Notification shall be sent to the Secretary-General of the Council of the European Union who shall be the depositary for the Agreement.

Hecho en Bruselas, el ocho de diciembre de mil novecientos noventa y siete.

Udfærdiget i Bruxelles den ottende december nitten hundrede og syvoghalvfems.

Geschehen zu Brüssel am achten Dezember neunzehnhundertsiebenundneunzig.

¸ãéíå óôéò ÂñõîÝëëåò, óôéò ïêôþ Äåêåìâñßïõ ÷ßëéá åííéáêüóéá åíåíÞíôá åðôÜ.

Done at Brussels on the eighth day of December in the year one thousand nine hundred and ninety-seven.

Fait à Bruxelles, le huit décembre mil neuf cent quatre-vingt-dix-sept.

Fatto a Bruxelles, addì otto dicembre millenovecentonovantasette.

Gedaan te Brussel, de achtste december negentienhonderd zevenennegentig.

Feito em Bruxelas, em oito de Dezembro de mil novecentos e noventa e sete.

Tehty Brysselissä kahdeksantena päivänä joulukuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäseitsemän.

Som skedde i Bryssel den åttonde december nittonhundranittiosju.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Ãéá ôçí ÅõñùðáúêÞ Êïéíüôçôá

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

För Europeiska gemenskapen

>REFERENCE TO A FILM>

Por los Estados Unidos Mexicanos

>REFERENCE TO A FILM>

FINAL ACT

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the United Mexican States hereby adopt the following Final Act, with regard to the:

1. Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part,

2. Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the United Mexican States, of the other part, and

3. Joint Declaration between the European Community and its Member States and the United Mexican States.

(1)

The plenipotentiaries of:

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,

THE GRAND DUCHY OF 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,

Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY,

hereinafter referred to as the 'Member States`, and

THE EUROPEAN COMMUNITY,

hereinafter referred to as 'the Community`,

of the the one part, and

the plenipotentiaries of the UNITED MEXICAN STATES,

hereinafter referred to as 'Mexico`,

of the other part,

meeting at Brussels on the eighth day of December in the year one thousand nine hundred and ninety-seven for the signature of the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, hereinafter referred to as the 'Agreement` have adopted the following texts:

- the Agreement and Annex thereto.

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Mexico have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:

Joint Declaration by the European Union and Mexico on Political Dialogue referred to in Article 3 of the Agreement,

Joint Declaration on the Dialogue at Parliamentary level,

Joint Interpretative Declaration relating to Article 4 of the Agreement,

Joint Declaration relating to Article 24(3) of the Agreement,

Joint Declaration relating to Article 35 of the Agreement.

The plenipotentiaries of Mexico have taken note of the Declarations of the European Community and/or its Member States mentioned below and annexed to this Final Act:

Declaration relating to Article 11 of the Agreement,

Declaration relating to Article 12 of the Agreement.

The plenipotentiaries of the Member States and of the Community have taken note of the Declaration of Mexico mentioned below and annexed to this Final Act:

Declaration on Title I of the Agreement.

JOINT DECLARATIONS

Joint Declaration by the European Union and Mexico on political dialogue (Article 3)

1. PREAMBLE

The European Union of the one part, and Mexico, of the other part,

- conscious of their historical, political, economic and cultural ties, and of the bonds of friendship between their peoples,

- mindful of their desire to strengthen the political and economic freedoms which are fundamental to society in the Member States of the European Union and Mexico,

- reaffirming the value of human dignity and of the promotion and protection of human rights as cornerstones of a democratic society, as well as the essential role of democratic institutions based on the rule of law,

- desiring to strengthen international peace and security in accordance with the principles of the United Nations Charter,

- sharing an interest in regional integration as a means of enabling their citizens to achieve sustainable and harmonious development predicated upon the principles of social progress and solidarity between members,

- building upon the preferential relations established by the Framework Agreement for Cooperation signed between the Community and Mexico in 1991,

- recalling the principles set out in the Solemn Joint Declaration signed in Paris on 2 May 1995 by the Commission and the Council, of the one part, and Mexico, of the other part,

have decided to develop relations on a long-term basis.

2. OBJECTIVES

The European Union and Mexico consider that the establishment of greater political dialogue represents a fundamental aspect of their envisaged economic and political rapprochement and constitutes a decisive factor in promoting the principles set out in the preamble to this Declaration.

That dialogue shall be based on the Parties' shared attachment to democracy and respect for human rights as well as the desire to maintain peace and establish a just and stable international order, in accordance with the United Nations Charter.

Its aims shall be to forge lasting links of solidarity between the European Union and Mexico, contributing to the stability and prosperity of their respective regions, to strive to implement the process of regional integration and to promote a climate of understanding and tolerance between their peoples and cultures.

The dialogue shall cover all subjects of shared interest and shall aim to open up paths towards new forms of cooperation with shared objectives, including by means of joint international initiatives, particularly in the areas of peace, security and regional development.

3. DIALOGUE MECHANISMS

The Parties shall conduct such political dialogue by means of contacts, information exchanges and consultations between the various Mexican and European Union bodies, including the European Commission.

It shall be held, in particular:

- at presidential level,

- at ministerial level,

- at senior official level,

- and by using diplomatic channels to maximum advantage.

Presidential meetings, the detailed arrangements for which shall be decided on by the Parties, shall take place regularly between the highest authorities of the Parties.

Meetings at ministerial level, the detailed arrangements for which shall be decided on by the Parties, shall take place regularly between the Ministers for Foreign Affairs.

Joint Declaration on the dialogue at parliamentary level

The Parties underline the advisability of institutionalising a political dialogue at Parliamentary level by means of contacts between the European Parliament and the Mexican Congress (Chamber of Deputies and Senate).

Joint Interpretative Declaration relating to Article 4

The commitments that result from Article 4 of this Agreement shall not take effect until the decision referred to in Article 5 is adopted, in conformity with Article 7 of this Agreement.

Joint Declaration relating to Article 24(3)

The Parties confirm their multilateral obligations on maritime transport services undertaken as members of the WTO, taking also into account their respective obligations under the OECD Code of Liberalisation of Current Invisible Operations.

Joint Declaration relating to Article 35

Both Parties agree to give their institutional support, in the multilateral field, to the adoption, entry into force and enforcement of the International Code of Conduct for Responsible Fishing.

UNILATERAL DECLARATIONS

Declaration by the Community relating to Article 11

The Community declares that, until the adoption by the Joint Council of the implementing rules on fair competition referred to in Article 11(2) it shall assess any practice contrary to that Article on the basis of the criteria resulting from the rules contained in Articles 85, 86 and 92 of the Treaty establishing the European Community, and, for products covered by the Treaty establishing the European Coal and Steel Community, by those contained in Articles 65 and 66 of that Treaty and the Community rules on State aids, including secondary legislation.

Declaration by the Community and its Member States on the intellectual property conventions referred to in Article 12

The Community and its Member States understand that the relevant multilateral conventions on intellectual property referred to in Article 12(2)(b) include at least the following:

- Bern Convention for the Protection of Literary and Artistic Works (Paris Act, 1971, amended in 1979),

- International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome 1961),

- Paris Convention for the protection of industrial property (Stockholm Act 1967 and amended in 1979),

- Patent Cooperation Treaty (Washington 1970, amended in 1979 and modified in 1984),

- Madrid Agreement concerning the International Registration of Marks (Stockholm Act 1967 and 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 purposes of the Registration of Marks (Geneva 1977, amended in 1979),

- Budapest Treaty on the International Recognition of the deposit of Micro-organisms for the Purposes of Patent Procedure (1977, modified in 1980),

- International Convention for the protection of new varieties of plants (UPOV) (Geneva Act 1991),

- Trademark Law Treaty (Geneva, 1994).

Declaration by Mexico on Title I

Mexico's foreign policy is founded on the principles enshrined in its Constitution:

Self determination of nations

Non-intervention

Peaceful settlement of disputes

Prohibition of the threat or use of force in international relations

Legal equality of States

International cooperation for development

The struggle for international peace and international security.

Given its historical experience and the supreme mandate of its political constitution, Mexico expresses its full conviction that only the full observance of international law is the foundation of peace and development. Mexico declares, likewise, that the principles of coexistence of the international community, as expressed in the United Nations Charter, the principles enunciated in the Universal Declaration of Human Rights and democratic principles, are the permanent guide of its constructive participation in international affairs and are the framework for its relationship with the Community and its Member States, governed by this Agreement, and for its relationship with any other country or group of countries.

Hecho en Bruselas, el ocho de diciembre de mil novecientos noventa y siete.

Udfærdiget i Bruxelles den ottende december nitten hundrede og syvoghalvfems.

Geschehen zu Brüssel am achten Dezember neunzehnhundertsiebenundneunzig.

¸ãéíå óôéò ÂñõîÝëëåò, óôéò ïêôþ Äåêåìâñßïõ ÷ßëéá åííéáêüóéá åíåíÞíôá åðôÜ.

Done at Brussels on the eighth day of December in the year one thousand nine hundred and ninety-seven.

Fait à Bruxelles, le huit décembre mil neuf cent quatre-vingt-dix-sept.

Fatto a Bruxelles, addì otto dicembre millenovecentonovantasette.

Gedaan te Brussel, de achtste december negentienhonderd zevenennegentig.

Feito em Bruxelas, em oito de Dezembro de mil novecentos e noventa e sete.

Tehty Brysselissä kahdeksantena päivänä joulukuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäseitsemän.

Som skedde i Bryssel den åttonde december nittonhundranittiosju.

Pour le Royaume de Belgique

Voor het Koninkrijk België

Für das Königreich Belgien

>REFERENCE TO A FILM>

Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallone, la Région flamande et la Région de Bruxelles-Capitale.

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.

Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

For Kongeriget Danmark

>REFERENCE TO A FILM>

Für die Bundesrepublik Deutschland

>REFERENCE TO A FILM>

Ãéá ôçí ÅëëçíéêÞ Äçìïêñáôßá

>REFERENCE TO A FILM>

Por el Reino de España

>REFERENCE TO A FILM>

Pour la République française

>REFERENCE TO A FILM>

Thar ceann na hÉireann

For Ireland

>REFERENCE TO A FILM>

Per la Repubblica italiana

>REFERENCE TO A FILM>

Pour le Grand-Duché de Luxembourg

>REFERENCE TO A FILM>

Voor het Koninkrijk der Nederlanden

>REFERENCE TO A FILM>

Für die Republik Österreich

>REFERENCE TO A FILM>

Pela República Portuguesa

>REFERENCE TO A FILM>

Suomen tasavallan puolesta

För Republikken Finland

>REFERENCE TO A FILM>

För Konungariket Sverige

>REFERENCE TO A FILM>

For the United Kingdom of Great Britain and Northern Ireland

>REFERENCE TO A FILM>

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Ãéá ôçí ÅõñùðáúêÞ Êïéíüôçôá

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

För Europeiska gemenskapen

>REFERENCE TO A FILM>

Por los Estados Unidos Mexicanos

>REFERENCE TO A FILM>

(2)

At the same time, the plenipotentiaries of the EUROPEAN COMMUNITY,

Hereinafter referred to as 'the Community`,

of the one part, and

the plenipotentiaries of THE UNITED MEXICAN STATES,

hereinafter referred to as 'Mexico`,

of the other part,

meeting at Brussels on the eighth day of December in the year one thousand nine hundred and ninety-seven for the signature of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the United Mexican States, of the other part, hereinafter referred to as 'the Agreement`, have adopted the following text:

- The Agreement

The plenipotentiaries of the Community and the plenipotentiaries of Mexico have adopted the text of the Joint Declaration listed below and annexed to this Final Act:

- Joint Interpretative Declaration relating to Article 2 of the Agreement

The plenipotentiaries of Mexico have taken note of the Declaration by the Community mentioned below and annexed to this Final Act:

- Declaration by the European Community relating to Article 5 of the Agreement

Hecho en Bruselas, el ocho de diciembre de mil novecientos noventa y siete.

Udfærdiget i Bruxelles den ottende december nitten hundrede og syvoghalvfems.

Geschehen zu Brüssel am achten Dezember neunzehnhundertsiebenundneunzig.

¸ãéíå óôéò ÂñõîÝëëåò, óôéò ïêôþ Äåêåìâñßïõ ÷ßëéá åííéáêüóéá åíåíÞíôá åðôÜ.

Done at Brussels on the eighth day of December in the year one thousand nine hundred and ninety-seven.

Fait à Bruxelles, le huit décembre mil neuf cent quatre-vingt-dix-sept.

Fatto a Bruxelles, addì otto dicembre millenovecentonovantasette.

Gedaan te Brussel, de achtste december negentienhonderd zevenennegentig.

Feito em Bruxelas, em oito de Dezembro de mil novecentos e noventa e sete.

Tehty Brysselissä kahdeksantena päivänä joulukuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäseitsemän.

Som skedde i Bryssel den åttonde december nittonhundranittiosju.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Ãéá ôçí ÅõñùðáúêÞ Êïéíüôçôá

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

För Europeiska gemenskapen

>REFERENCE TO A FILM>

Por los Estados Unidos Mexicanos

>REFERENCE TO A FILM>

Joint interpretative Declaration relating to Article 2

The commitments resulting from Article 2 of this Agreement will not take effect until the decision referred to in Article 3 is adopted.

Declaration by the European Community relating to Article 5

The Community declares that, until the adoption by the Joint Council of the implementing rules on competition referred to in Article 5(2), it will assess any practice contrary to that Article on the basis of the criteria resulting from the rules contained in Articles 85, 86 and 92 of the Treaty establishing the European Community, and, for products covered by the Treaty establishing the European Coal and Steel Community, by those contained in Articles 65 and 66 of that Treaty and the Community rules on State aids, including secondary legislation.

(3)

At the same time the plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Mexico have adopted the text of the following Joint Declaration:

JOINT DECLARATION BETWEEN THE EUROPEAN COMMUNITY AND ITS MEMBER STATES AND THE UNITED MEXICAN STATES

With a view to the adequate coverage of the issues contained in Titles III and IV of the Economic Partnership, Political Coordination and Cooperation Agreement signed on 8 December 1997 within a comprehensive framework, the European Community and its Member States and the United Mexican States undertake to:

1. Start and if possible, conclude negotiations regarding the arrangements for the liberalization of trade in services and of capital movements and payments as well as the measures relating to intellectual property provided for in Articles 6, 8, 9 and 12 of that Agreement, in parallel with negotiations on the arrangements and timetable for liberalization of trade in goods provided for both in Article 5 of that Agreement and in Article 3 of the Interim Agreement on trade and trade-related matters between the European Community and the United Mexican States signed on 8 December 1997.

2. Aim at ensuring that, without prejudice to the accomplishment of their respective internal procedures, the results of the negotiation on the liberalization of services and of capital movements and payments as well as the measures relating to intellectual property, provided for above, may enter into force as soon as possible, thereby achieving the Parties' shared objective of a global trade liberalisation covering both goods and services, in accordance with Article 7 of the Economic Partnership, Political Coordination and Cooperation Agreement.