Proposal for a Council Decision concerning the provisional application of certain provisions of the interregional framework cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Cone Common Market and its member countries, of the other part

(96/C 14/05)

COM(95) 504 final - 95/0262(ACC)

(Submitted by the Commission on 25 October 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 130y thereof, in conjunction with the first sentence of Article 228 (2),

Having regard to the proposal from the Commission,

Whereas the interregional framework cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Cone Common Market and its member countries, of the other part, was signed by the Community and its Member States on . . .;

Whereas the European Community and Mercosur undertook to establish procedures for the early application of certain provisions of that Agreement which deal with trade cooperation between the parties and the institutional framework for such cooperation;

Whereas the provisional application of the provisions in question will facilitate and promote closer trade relations between the European Community and Mercosur, pending the completion of the procedures to bring the Agreement into force,

HAS DECIDED AS FOLLOWS:

Article 1

The attached exchange of letters between the Community and Mercosur, which provides for the provisional application of certain provisions of the interregional framework cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Cone Common Market and its member countries, of the other part, is hereby approved on behalf of the European Community.

Article 2

The Commission, assisted by the representatives of the Member States, shall represent the Community within the bodies referred to in Articles 27 and 29 of the Agreement.

Article 3

This Decision shall be published in the Official Journal of the European Communities.

EXCHANGE OF LETTERS concerning the provisional application of certain provisions of the interregional framework cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its member countries, of the other part

Letter No 1

Sir,

I have the honour to refer you to the interregional framework cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Cone Common Market and its member countries, of the other part, signed on . . .

I have the honour to propose to you that the European Community and Mercosur provisionally apply the provisions of that Agreement which deal with trade cooperation between the parties, as set out in Articles 4 to 8 of Title II.

In the interests of ensuring that the cooperation referred to in those provisions is effective, I also have the honour to propose that we provisionally implement the provisions of Articles 27, 29 and 30, which deal with the establishment of the institutions responsible for the implementation of the Agreement.

I have the honour to propose that, if the above is acceptable to [Mercosur], this letter and your confirmation shall 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

Letter No 2

Sir,

I have the honour to acknowledge receipt of your letter of today's date concerning the provisional application of certain provisions of the interregional framework cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Cone Common Market and its member countries, of the other part, which reads as follows:

'. . . . . . . . . `

I am able to confirm that [Mercosur] is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of [Mercosur]