Proposal for a COUNCIL DECISION on the signature and provisional application of an Additional Protocol to 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, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

(presented by the Commission)

EXPLANATORY MEMORANDUM

According to the terms of Article 6(2) of the Act of Accession of new EU Member States to the EU, the accession of the new EU Member States to the EU-Mexico Economic Partnership, Political Co-ordination and Cooperation Agreement is to be agreed by means of an additional protocol to this Agreement. The same article provides for a simplified procedure, whereby the protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third country concerned. This procedure is without prejudice to the Community's own competences.

On 26 January 2004 the Council approved a mandate for the Commission to negotiate such a protocol with Mexico. These negotiations have since been completed to the satisfaction of the Commission.

The attached proposals are for (1) a Council Decision on the signature and provisional application of the Additional Protocol and (2) a Council Decision on the conclusion of the Additional Protocol.

The text of the protocol negotiated with Mexico is attached. The most important aspects of the protocol are provision for the accession of the new Member States to the EU-Mexico Agreement and inclusion of the new official languages of the EU.

It should be noted that the EU-Mexico free trade area was established by subsequent decisions of the EU-Mexico Joint Council. Consequently the necessary adaptations to the trade provisions will also be made by means of Joint Council Decisions and are therefore not addressed in this protocol.

The Commission requests the Council to approve the attached draft Council Decisions for the signature and conclusion of the Additional Protocol.

The European Parliament will be called upon to give its assent to this Protocol.

Proposal for a COUNCIL DECISION on the signature and provisional application of an Additional Protocol to 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, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 57(2), 71, 80(2), 133(1), 133(5) and 181 in conjunction with Article 300(2) first subparagraph, first sentence thereof,

Having regard to the Act of Accession of the new Member States to the European Union, and in particular to Article 6(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) On 26 January the Council authorised the Commission, on behalf of the European Community and its Member States, to negotiate with Mexico an Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, on the one part, and Mexico, on the other part, to take account of the accession of the new Member States to the EU,

(2) These negotiations have been concluded to the satisfaction of the Commission,

(3) The text of the Additional Protocol negotiated with the United Mexican States provides, in Article 5, paragraph 3, for the provisional application of the Protocol before its entry into force,

(4) Subject to its possible conclusion at a later date, the Additional Protocol should be signed on behalf of the Community,

HAS DECIDED AS FOLLOWS:

Article 1

The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, the Additional Protocol to 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, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union. The text of the Additional Protocol is attached to this decision.

Article 2

The European Community and its Member States shall apply provisionally the terms of the Additional Protocol, subject to its possible conclusion at a later date.

The President of the Council shall give the notification provided in Article 5 of the Protocol.

Done at Brussels,

For the Council

The President