Proposal for a COUNCIL DECISION concerning the conclusion of the Co-operation Agreement between the European Community and the Republic of India on Partnership and Development
Date: 1993-03-10
Institutions: European Commission
Subjects: India, agreement (EU), aid policy, cooperation agreement, cooperation policy, economic development

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

C0M(93) 82  final 

Brussels,  10 March  1993 

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Proposal  for a 

COUNCIL  DECISION 

concerning the conclusion of the Co-operation Agreement between the European Community 
and the Republic of India on Partnership and Development. 

(presented  by  the  Commission) 

1= « V. 

EXPLANATORY  MEMORANDUM 

1.  By  its  decision  of  26  October  1992,  the  Council  authorised  the  Commission  to  open 
negotiations  with  the Republic  of  India  with  a view  to  concluding  a  new  Co-operation 
Agreement and adopted  directives to this end. 

Two negotiating sessions took place,  16-18 November and 7-11 December  1992, ending 
with the initialing of the Agreement  between  the Community  and  the Republic of India. 
An  annexed  declaration  of  the  Community  concerning  tariff  adjustments  forms  an 
integral part  of the Agreement.  In addition,  a declaration  of the  Community  and  India, 
not included in the Agreement, is attached. 

The Commission considers that the initialed text  is in line with the negotiating  directives 
adopted by the Council. 

Because the legal basis of the Agreement  includes Article 235 of the Treaty  of Rome in 
addition to Article  113, Parliament  must be consulted. 

With  a view  to  the  signature  and  conclusion  of  this  Co-operation  Agreement  between 
the Community  and the Republic  of India,  the  Commission  is proposing  to  the  Council 
that it approve the Agreement and adopt the attached proposal for a Decision. 

1b 

Proposal for a 

Council  Decision 

N°. 

concerning the conclusion of the Co-operation Agreement between the European  Community 
and the Republic of India on Partnership and Development 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic  Community,  and  in 
particular Articles  113 and 235 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas  the  Community  should  approve,  for  the  attainment  of  its  aims  in  the  sphere  of 
external  relations,  the  Co-operation  Agreement  between  the  European  Community  and the 
Republic of India on Partnership and Development, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Co-operation  Agreement  between the  European  Community  and the Republic of India is 
hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Decision 

Article 2 

The  President  of  the  Council  shall  give  the  notification  provided  for  in  Article  29  of  the 
Agreement.  (1) 

Article 3 

The  Commission,  assisted  by  representatives  of  the  Member  States,  shall  represent  the 
Community in the Joint Commission provided in Article 22 of the Agreement. 

Article 4 

This Decision  shall enter into force on the clay following  its publication in the Official  Journal 
of the European Communities. 

Done at Brussels, 

(1)  The date of entry into force of the Agreement  will be published in the Official  Journal of 

the European Communities by the General Secretariat of the Council 

For the Council 

The President 

le 

Co-operation Agreement 
between the European Community and the Republic of India 
on Partnership and Development 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

on the one part, 

THE GOVERNMENT  OF INDIA 

on the other part, 

CONSIDERING  the  excellent  relations  and  traditional  links  of  friendship  between  the  Community 
and  its  Member  States,  hereinafter  referred  to  as  "the  Community",  and  the  Republic  of  India, 
hereinafter  referred  to as "India"; 

RECOGNISING  the  importance  of  strengthening  the  links  and  enhancing  the  partnership  between 
the Community and India; 

HAVING  REGARD  to  the  foundations  for  close  co-operation  between  India  and  the  Community 
laid by the first  Agreement between India and the Community  signed on  17 December  1973 and later 
developed by the Agreement for Commercial  and Economic Co-operation  signed  on 23 June  1981; 

NOTING with satisfaction  the achievements resulting from  these Agreements; 

RE-AFFIRMING the importance they attach  to the  principles of the United  Nations Charter and the 
respect of democratic principles and human rights; 

INSPIRED  by  their  common  will  to  consolidate,  deepen  and  diversify  their  relations  in  areas  of 
mutual interest on the basis of equality,  non-discrimination  and mutual  benefit; 

RECOGNISING the positive consequences of the process of economic reforms  for  modernisation of 
the  economy  undertaken  in  India  for  enhancing  commercial  and  economic  relations  between  India 
and the Community; 

DESIROUS  of  creating  favourable  conditions  for  a  substantial  development  and  diversification  of 
trade  and  industry  between  the  Community  and  India,  within  the  framework  of  the  more  dynamic 
relationship  which both  India  and  the  Community  desire,  which  will  further,  in their  mutual  interest 
and  consistently  with  their  developmental  needs,  investment  flows,  commercial  and  economic  co 
operation  in  areas  of  mutual  interest  including  science  and  technology,  and  foster  cultural  co 
operation; 

HAVING  REGARD  TO  the  need  to  support  Indian  efforts  for  economic  development  especially 
improving the living conditions of the poor; 

CONSIDERING  the  importance  attached  by  the  Community  and  India  to  the  protection  of  the 
environment  on  a  global  and  on  a  local  level  and  to  the  sustainable  use  of  natural  resources  and 
recognising the linkage between the environment  and  development; 

TAKING  INTO  ACCOUNT  their  membership  of  the  General  Agreement  on  Tariffs  and  Trade 
(GATT),  the  importance  of  its  principles  and  of  the  need  to  uphold  and  reinforce  the  rules  which 
promote free and unhindered trade in a stable, transparent  and non-discriminatory  manner; 

BELIEVING  that  relations  between  them  have  developed  beyond  the  scope  of  the  Agreement 
concluded  in 1981; 

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

THE COUNCIL OF THE EUROPEAN  COMMUNITIES; 

THE GOVERNMENT  OF INDIA; 

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

HAVE AGREED AS FOLLOWS: 

ARTICLE 1 

Basis and Objectives 

1.  Respect for  human rights and democratic principles is the basis for the co-operation between the 
Contracting  Parties  and  for  the  provisions  of  this  Agreement,  and  it  constitutes  an  essential 
element of the Agreement. 

2.  The  principal  objective  of  this  Agreement  is  to  enhance  and  develop,  through  dialogue  and 
partnership,  the  various  aspects  of  co-operation  between  the  Contracting  Parties  in  order  to 
achieve a closer and upgraded  relationship. 

This co-operation will focus in particular on: 

• 

• 

• 

• 

• 

further  development  and  diversification  of  trade  and  investment  in  their  mutual  interest, 
taking into account their respective economic situations; 

facilitation  of better  mutual  understanding  and  strengthening  of ties between  the two  regions 
in respect of technical, economic and cultural matters; 

building up of India's economic capability to interact more effectively  with the Community; 

acceleration  of  the  pace  of  India's  economic  development,  supporting  India's  efforts  in 
building  up  its  economic  capabilities,  by  way  of  provision  of  resources  and  technical 
assistance  by  the  Community  within  the  framework  of  its  co-operation  policies  and 
regulations,  in  particular  to  improve  the  living  conditions  of  the  poorer  sections  of  the 
population; 

development  in  their  mutual  interest  of  existing  and  new  forms  of  economic  co-operation 
directed  at  promoting  and  facilitating  exchanges  and  connections  between  their  business 
communities,  taking  into  account  the  implementation  of  Indian  economic  reforms  and 
opportunities for the  creation of a suitable environment  for  investment; 

• 

support  of environmental  protection  and sustainable management  of natural resources. 

3.  The  Contracting  Parties  acknowledge  the  value  in the  light  of the  objectives  of this  Agreement 
of consulting each other on international, economic and commercial  issues of mutual interest. 

ARTICLE 2 

Most-Eavoured-Nation Treatment 

The  Community  and  India  shall  grant  each  other  most-favoured-nation  treatment  in  their  trade  in 
accordance with the provisions of the General Agreement  on Tariffs  and Trade. 

ARTICLES 

Trade and Commercial Co-operation 

1. 

In  the  interest  of  strengthening  new  relations  in  a  dynamic  and  complementary  way,  thereby 
providing  mutual  benefits,  the  Contracting  Parties  undertake  to  develop  and  diversify  their 
commercial  exchanges  and  to  improve  market  access,  to  the  highest  possible  degree, 
in  a 
manner compatible with their economic situations. 

2.  The  Contracting  Parties  are  committed  to  a  policy  for  improving  the  terms  of  access  for  their 
products to each other's markets.  In this context,  they shall grant  each  other the highest  degree 
of  liberalisation  of  imports  and  exports  which  they  generally  apply  to  third  countries  and  they 
agree  to  examine  ways  and  means  of  eliminating  barriers  to  trade  between  them,  notably  non-
tariff  barriers,  taking  account  of  the  work  already  done  in  this  connection  by  international 
organisations. 

3.  The Contracting Parties agree to promote the exchange of information  about  mutually beneficial 
market  opportunities  and  to  hold  consultations  in  a  constructive  spirit  on  the  issues  of  tariff, 
non-tariff,  services, health, safety or environmental  measures, and technical requirements. 

4.  The  Contracting  Parties  agree  to  improve  co-operation  in  customs  matters  between  the 
respective authorities, especially in professional  training, the simplification  and  harmonisation of 
customs  procedures,  and  the  prevention,  investigation  and 
suppression  of  infractions  of 
customs regulations. 

5.  The Contracting  Parties  also undertake  to  give consideration,  each  in accordance  with  its laws, 
to  exempting  from  duty,  tax  and  other  charges,  goods  admitted  temporarily  to  their  territories 
for  subsequent  re-export  unaltered  or for goods which  re-enter their territories  after  processing 
in the other Contracting  Party  which  is not  sufficient  for  the goods  to  be  treated  as  originating 
from  the territory of that  Contracting Party. 

6.1  The  Contracting  Parties  agree  to  consult  each  other  on  any  dispute  which  may  arise  in 
connection  with trade.  If the Community  or  India  request  such  consultation,  it  shall take place 
at  the  earliest  opportunity.  The  Contracting  Party  making  the  request  shall  provide  the  other 
Party  with  all  information  necessary  for  a detailed  examination  of the  situation.  Attempts  shall 
be made through  such consultations to resolve trade disputes as rapidly as possible. 

6.2  In respect  of anti-dumping or subsidies investigations, each Contracting Party  agrees to examine 
submissions made by the other Contracting Party  and to  inform  the interested  parties  concerned 
of the essential  facts  and  considerations  on the basis of which  a decision  is to be based.  Before 
definitive  anti-dumping  and  countervailing  duties  are  imposed,  the  Contracting  Parties  shall  do 
their utmost to bring about  a constructive solution to the problem. 

6.3  Paragraphs  6.1  and  6.2  shall  be  without  prejudice  to  the  Contracting  Parties'  rights  and 

obligations under the GATT, which shall prevail in the event of any inconsistency. 

ARTICLED 

Economic Co-operation 

1.  The  Contracting  Parties  undertake,  in  their  mutual  interests  and  in  accordance  with  their 
respective policies  and  objectives,  to  foster  economic  co-operation  of the widest  possible scope 
in  order  to  contribute  to  the  expansion  of  their  respective  economies  and  their  developmental 
needs. 

2.  The  Contracting  Parties  agree  that  economic  co-operation  will  involve  three  broad  fields  of 

action: 

a) 

b) 

c) 

improving the economic  environment  in India  by facilitating  access to  Community  know-
how and technology; 

facilitating  contacts between  economic operators and  other  measures  designed  to  promote 
commercial exchanges and investments; 

reinforcing  mutual  understanding  of  their  respective  economic,  social  and  cultural 
environment  as a basis for effective  co-operation. 

3. 

In the broad fields described  above, the aims shall be in particular to: 

improve the economic environment  and business climate; 

co-operate in the protection of the environment  and natural resources; 

co-operate in the field of energy and energy  efficiency; 

co-operate in the field of telecommunications,  information  technology,  and related matters; 

co-operate in all aspects of industrial  standards and intellectual  property; 

encourage technology transfer  in other sectors of mutual  benefit; 

exchange information  on monetary  matters and the macro-economic  environment; 

reinforce  and diversify  economic links between them; 

encourage the two-way flow of EC-Indian trade and investments; 

activate industrial co-operation  including  agro-industry; 

promote  co-operation  in  order  to  develop  agriculture,  fisheries,  mining,  transport  and 
communication,  health, banking and insurance, tourism and other services; 

encourage close co-operation between the private sectors of both regions; 

promote co-operation  in industrial and urban ecology, 

promote support  of undertaking by means of trade promotion and market  development; 

promote scientific  and technological  development; 

promote training and specific training programmes; 

co-operate in the fields of information  and culture. 

Co-operation  in a number of the above-mentioned  sectors is set  out  in more detail in Articles  5 
to  15 included which  follow. 

4.  The Contracting Parties shall consider in particular the following  means to achieve these aims: 

exchange of information  and ideas; 

preparation  of studies; 

provision of technical assistance; 

training programmes; 

establishment  of links between  research and training centres, specialised  agencies, business 
organisations; 

promotion  of investment  and joint ventures; 

institutional development  of public and private agencies and administrations; 

access to each other's existing data bases and creation of new ones; 

workshops and seminars; 

exchanges of experts. 

5. 

The  Contracting  Parties  will  determine  together  and  to  their  mutual  advantage  the  areas 
and  priorities  to  be  covered  by  concrete  actions  of economic  co-operation,  in  conformity 
with  their  long-term  objectives.  In view  of  the  importance  of  long-term  enhancement  of 
co-operation  between  the Community  and  India,  no sector  shall be  excluded  a priori  from 
the field of economic  co-operation. 

ARTICLES 

Industry and Sennces 

1.  The Contracting Parties shall: 

a) 

b) 

identify  sectors  of  industry  on  which  co-operation  will  centre  and  the  means  to  promote 
industrial  co-operation with a heavy technological bias; 

promote  the  expansion  and  diversification  of India's  production  base  in the  industrial  and 
service sectors, including modernisation  and reform  of the public sector,  directing their co 
operation  activities at  small and medium-sized  enterprises  in particular  and taking steps to 
facilitate  their  access  to  sources  of  capital,  markets  and  technology  directed  especially 
towards  promoting  trade  between  the  Contracting  Parties  as  well  as  at  third  country 
markets. 

2.  The  Contracting  Parties  shall  facilitate,  within  the  relevant  existing  rules,  access  to  available 
information  and  capital  facilities  in order  to  encourage  projects  and  operations  promoting  co 
operation  between  firms,  such  as  joint  ventures,  sub-contracting,  transfer  of  technology, 
licences, applied research and  franchises. 

ARTICLE 6 

Private Sector 

The Contracting Parties agree to promote the involvement  of the private  sector  in their  co-operation 
programmes in order to strengthen  economic and industrial co-operation between themselves. 

The Contracting Parties shall take measures to: 

a)  encourage  the  private  sectors  of  both  geographical  regions  to  find  effective  ways  of  joint 
consultations,  results of which could  then be transmitted  to the Joint  Commission,  referred  to in 
Article 22 of this Agreement, for the required  follow-up  action; 

b) 

involve  the  private  sectors  of  the  Contracting  Parties  in  activities  developed  within  the 
framework  of this Agreement. 

ARTICLE 7 

Energy 

The  Contracting  Parties  recognise  the  importance  of  the  energy  sector  to  economic  and  social 
development  and  undertake  to  step  up  co-operation  relating  particularly  to  the  generation,  saving 
and  efficient  use  of  energy.  Such  improved  co-operation  will  include  planning  concerning  energy, 
non-conventional  energy  including  solar  energy  and  the  consideration  of  its  environmental 
implications. 

ARTICLES 

Telecommunications, Electronics, and Information and Satellite  Technologies 

The  Contracting  Parties 
telecommunications,  electronics,  and  information 
economic development  and trade.  Such co-operation  may include: 

recognise 

the 

importance  of  co-operation 

fields  of 
technologies  which  contribute  to  increased 

the 

in 

a) 

standardisation, testing and  certification; 

b)  earth and space-based  telecommunications; 

c)  electronics and micro-electronics; 

d) 

information  and  automation; 

e)  high definition  television; 

f) 

research and development  in new information  technologies and  telecommunications; 

g)  promotion of investment and joint  investment. 

ARTICLE 9 

Standards 

1.  Without  prejudice to their international  obligations, within the scope of  their responsibilities and 
in accordance with  their  laws, the  Contracting  Parties  shall  take  steps  to  reduce  differences  in 
respect  of  metrology,  standardisation  and  certification  by  promoting  the  use  of  compatible 
they  shall  encourage  the  following  in 
systems  of  standards  and  certification.  To  that  end, 
particular: 

establishing  links between  experts  in order to  facilitate  exchanges  of information  and  studies on 
metrology,  standards, and quality control, promotion  and  certification; 

encouraging  interchange  and  contact  between  bodies and  institutions  specialising in these  fields 
including consultations to ensure that  standards do not constitute a barrier to trade; 

promoting measures aimed at achieving mutual  recognition  of systems of quality  certification; 

developing technical  assistance in connection  with metrology,  standards and  certification,  and in 
connection with quality promotion  programmes; 

providing  technical  assistance  for  institutional  development  to  upgrade  standards  and  quality 
certification  organisations  as  well  as  for  the  setting  up  of  a  national  accreditation  scheme  for 
conformity  assessment  in India. 

ARTICLE 10 

Intellectual Property 

The Contracting  Parties  undertake to  ensure  as far  as their  laws, regulations  and  policies  allow that 
suitable and  effective  protection  is provided  for  intellectual  property  rights,  including  patents,  trade 
or service marks, copyright  and  similar  rights, geographical  designations  (including  marks of origin), 
industrial  designs  and  integrated  circuit  topographies,  reinforcing  this  protection  where  desirable. 
They also undertake, wherever  possible, to  facilitate  access to the data bases of intellectual  property 
organisations. 

ARTICLE  II 

Investment 

1.  The  Contracting  Parties  shall  encourage  an  increase  in  mutually  beneficial  investment  by 
establishing  a  favourable  climate  for  private  investments  including  better  conditions  for  the 
transfer  of capital and exchange of information  on investment  opportunities. 

2.  Taking  into  account  work  done  in  this  area  in  relevant  international  fora,  and  recognising  in 
particular the recent  signing by India of the Multilateral  Investments Guarantee Agency (MIGA) 
Convention,  the  Contracting  Parties  agree  to  support  the  promotion  and  protection  of 
investments  between  the  Member  States  of  the  Community  and  India  on  the  basis  of  the 
principles of non-discrimination  and  reciprocity. 

3.  The Contracting  Parties undertake  to  encourage  co-operation  between  their  respective  financial 

institutions. 

ARTICLE 12 

Agriculture  and Fisheries 

The  Contracting  Parties  agree  to  promote  co-operation  in  agriculture  and  fisheries,  including 
horticulture and food  processing.  To this end, they undertake to examine: 

a) 

the opportunities for  increasing trade in agricultural  and fishery  products; 

b)  health,  plant  and  animal  health,  environmental  measures  and  any  obstacles  to  trade  which  they 

might  engender; 

10 

c) 

the linkage between  agriculture and the rural  environment; 

d)  agricultural  and fishery research. 

ARTICLE  13 

Tourism 

The  Contracting  Parties  agree  to  contribute  to  co-operation  on  tourism,  to  be  achieved  through 
specific measures, including: 

a) 

interchange of information  and the carrying out  of studies; 

b) 

training programmes; 

c)  promotion of investment and joint ventures. 

ARTICLE 14 

Science and Technology 

1.  The  Contracting  Parties  will,  in  accordance  with  their  mutual  interest  and  the  aims  of  their 
development  strategy  in this area, promote scientific  and technological  co-operation  including in 
high-level fields, e.g.  life-sciences,  bio-technology,  new materials,  and  geo  and  marine sciences, 
with a view to: 

a) 

fostering  the transfer  of know-how  and stimulating  innovation; 

b) 

disseminating information  and expertise in science and technology 

c) 

opening up opportunities for future  economic, industrial  and trade  co-operation. 

This will be implemented  through: 

a) 

b) 

joint  research  projects  between  the  Parties'  research  centres  and  other  appropriate 
institutions; 

exchange  and 
the 
establishment  of  permanent  links  between  the  scientific  and  technical  communities  of the 
Parties; 

researchers,  particularly  promoting 

training  of  scientists  and 

c) 

exchange of scientific  information. 

11 

2.  The Contracting  Parties  undertake  to  establish  appropriate  procedures  to  facilitate  the  greatest 
possible  degree  of  participation  by their  scientists  and  research  centres  in the  above-mentioned 
co-operation. 

ARTICLE 15 

Information and Culture 

The Contracting Parties will co-operate in the fields of information  and  culture, both to  create better 
mutual  understanding  and  to  strengthen  cultural  ties  between  the  two  regions.  Such  co-operation 
may include: 

a)  exchange of information  on matters of cultural  interest; 

b)  preparatory  studies and technical assistance in the preservation  of cultural heritage; 

c)  co-operation  in the field of media and audio-visual  documentation; 

d)  organising cultural events and exchanges. 

ARTICLE 16 

Development Co-operation 

1.  The  Community  recognises  India's  need  for  development  assistance  and  is  prepared  to 
strengthen  its  co-operation  and  enhance  its  efficiency  in  order  to  contribute  to  India's  own 
efforts  in achieving sustainable economic development  and  social  progress of its people through 
concrete projects  and  programmes.  Community  support  will be in accordance with  Community 
policies,  regulations  and  limits  of 
the  financial  means  available  for  co-operation  and  be  in 
accordance with an  elaborated  development  strategy. 

2.  Projects  and  programmes  will  be  targeted  towards  the  poorer  sections  of  the  population. 
Particular  attention  will  be  given  to  rural  development  with  participation  of  the  groups  to  be 
targeted  and,  where  appropriate,  the  involvement  of  qualified  non-governmental  organisations. 
Co-operation  in this  area  will  also  cover  the  promotion  of  employment  in rural  towns,  and  of 
the  role  of  women  in  development,  with  appropriate  emphasis  on  their  education  and  family 
welfare. 

3.  Public  health,  especially  in  the  form  of  primary  health  care  including  control  of  both 
communicable  and  non-communicable  diseases  will  also  be  covered.  The  aim  will  be  to 
increase the quality  of health  care in  India  of the  most  disadvantaged  sections  of the  population 
both in urban and in rural areas. 

4.  The  co-operation  will  concentrate  on  mutually  agreed  priorities  and  will  pursue  project  and 

programme efficiency,  sustainability  and respect  for  the environment. 

12 

ARTICLE  17 

Environment 

1.  The  Contracting  Parties  recognise  the  need  to  take  account  of  environmental  protection  as  an 
they  underline  the 
integral  part  of  economic  and  development  co-operation.  Moreover, 
importance  of  environmental  issues  and  their  will  to  establish  co-operation  in  protecting  and 
improving  the  environment  with  particular  emphasis  on  water,  soil  and  air  pollution,  erosion, 
deforestation  and  sustainable  management  of  natural  resources,  taking  into  account  the  work 
done in international  fora. 

Particular  attention  will be  paid  to: 

a) 

the  sustainable  management  of forest  eco-systems; 

b)  protection  and  conservation  of natural  forests; 

c) 

the  strengthening  of forestry  institutes; 

d)  the  finding  of practical  solutions  to  rural  energy  problems; 

e)  prevention  of industrial  pollution; 

f)  protection  of the urban  environment. 

2.  Co-operation  in this  area  will  centre  on: 

a)  reinforcing  and  improving  environmental  protection  institutions; 

b)  developing  legislation  and  upgrading  standards; 

c)  research,  training  and  information; 

d)  executing  studies  and  pilot  programmes  and  providing  technical  assistance. 

ARTICLE 

18 

Human  Resource  Development 

The  Contracting  Parties  recognise  the  importance  of  human  resource  development  in  improving 
economic  development  and  the  living  conditions  of  the  disadvantaged  sections  of  the  population. 
They  agree  that  human  resource  development  should  constitute  an  integral  part  of  both  economic 
and  development  co-operation. 

In  their  mutual  interest,  particular  attention  should  be  paid  to  promoting  co-operation  between 
Community  and  Indian  higher  education  and  training  institutes. 

13 

ARTICLE 19 

Drug Abuse Control 

1.  The Contracting Parties affirm  their resolve, in conformity  with their respective competences, to 
increase  the  efficiency  of  policies  and  measures,  to  counter  the  supply  and  distribution  of 
narcotics  and  psychotropic  substances  as  well  as  preventing  and  reducing  drug  abuse,  taking 
into account  work  done in this connection by international bodies. 

2.  Co-operation  between the Parties shall comprise the  following: 

a)  training, education,  health promotion  and  rehabilitation  of addicts, including  projects for the 

reintegration  of addicts into work and social environments; 

b)  measures to encourage alternative economic opportunities; 

c)  technical,  financial  and  administrative  assistance  in  the  monitoring  of  precursors  trade, 

prevention,  treatment  and reduction  of drug abuse; 

d)  exchange of all relevant  information,  including that  relating to money laundering. 

ARTICLE  20 

South-South and Regional Co-operation 

The  Contracting  Parties  recognise  their  mutual  interest  in  furthering  economic  and  trade  relations 
with other developing countries within a concept  of regional and south-south  co-operation. 

ARTICLE 21 

Resources for Undertaking Co-operation 

The  Contracting  Parties  will,  within  the  limits  of  their  available  financial  means  and  within  the 
framework  of  their  respective  procedures  and  instruments,  make  available  funds  to  facilitate  the 
achievement  of the aims set out  in this Agreement  especially as concerns economic  co-operation. 

Concerning  development  aid,  and  within  the  framework  of  its  programme  in  favour  of  Asian  and 
Latin  American  (ALA)  countries,  the  Community  will  support  India's  development  programmes, 
through  direct  concessional  transfers,  as well  as through  institutional  and  other  sources of finance in 
accordance with the rules and practices of such EC institutions. 

14 

ARTICLE 22 

Joint Commission 

1.  The  Contracting  Parties  agree  to  retain  the  Joint  Commission  set  up  under  Article  10  of  the 

Agreement  for  Commercial  and Economic Co-operation  1981. 

2.  The Joint  Commission  is in particular  required to: 

a) 

ensure the proper functioning  and implementation  of the Agreement; 

b)  make suitable recommendations  for promoting the objectives of the Agreement; 

c) 

establish priorities in relation to the aims of the Agreement; 

d) 

examine  ways  and  means  of  enhancing  the  partnership  and  development  co-operation  in 
the areas covered  by the Agreement. 

The  Joint  Commission  shall  be  composed  of  representatives  of  both  sides,  at  an  appropriately 
high  level.  The  Joint  Commission  shall  normally  meet  every  year,  alternately  in Brussels  and 
New Delhi, on a date fixed by mutual  agreement.  Extraordinary  meetings  may be  convened by 
agreement between the Contracting Parties. 

The Joint Commission  may set up specialised  sub-groups to assist in the performance  of its tasks 
and  to  co-ordinate  the  formulation  and  implementation  of projects  and  programmes  within  the 
framework  of the  Agreement. 

The agenda for meetings of the Joint  Commission  shall be determined  by agreement  between the 
Contracting Parties. 

The Contracting Parties agree that  it shall also be the task  of the Joint  Commission to ensure the 
proper  functioning  of  any  sectoral  agreements  concluded  or  which  may  be  concluded  between 
the Community and  India. 

ARTICLE 23 

Consultations 

The  Contracting  Parties  shall  hold  friendly  consultations  in  the  fields  covered  by  the  Agreement  if 
any  problem  arises  in  the  intervals  between  the  meetings  of  the  Joint  Commission.  These  shall  be 
dealt with by the specialised  sub-groups according to their responsibilities  or be the subject  of ad-hoc 
consultations. 

15 

ARTICLE 24 

Future Developments 

1.  The Contracting Parties may, by mutual consent,  expand  this Agreement  in order to enhance the 
level of co-operation  and add to it by means of agreements on specific  sectors or activities. 

2.  Within  the  framework  of  this  Agreement,  either  of  the  Contracting  Parties  may  put  forward 
suggestions  for  expanding  the  scope  of  the  co-operation,  taking  into  account  the  experience 
gained  in its application. 

ARTICLE 25 

Other Agreements 

Without  prejudice  to the relevant  provisions  of the Treaties  establishing the European  Communities, 
neither  this  Agreement  nor  any  action  taken  thereunder  shall  in  any  way  affect  the  powers  of  the 
Member  States  of the  Communities  to  undertake  bilateral  activities  with  India  in the  framework  of 
economic  co-operation  or  to  conclude,  where  appropriate,  new  economic  co-operation  agreements 
with India. 

ARTICLE 26 

Facilities 

To facilitate  co-operation  within the  framework  of this  Agreement,  the Indian  authorities  will grant 
to  EC  officials  and  experts  the  guarantees  and  facilities  necessary  for  the  performance  of  their 
functions.  The detailed  provisions will be set out by way of a separate Exchange of Letters. 

ARTICLE 27 

Territorial 

Application 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  in which  the  Treaty  establishing  the 
European  Economic Community  is applied  and  under  the conditions  laid down in the Treaty  and, on 
the other, to the territory  of India. 

16 

ARTICLE  28 

Annex 

The Annex attached to this Agreement  shall form an integral part of the Agreement. 

ARTICLE 29 

Entry into force and renewal 

This Agreement  shall  enter  into  force  on the first day  of the  month  following  the date on which the 
Contracting  Parties  have  notified  each  other  of the  completion  of the  procedures  necessary  for  this 
purpose.  Upon  entry  into  force,  it  shall  replace  the  Co-operation  Agreements  signed  on  17 
December  1973 and 23 June 1981. 

This Agreement is concluded  for a period  of five years.  It shall be automatically  renewed on a yearly 
basis unless one of the Contracting Parties denounces it six months before its expiry date. 

ARTICLE  M 

Authentic Texts 

This  Agreement  is  drawn  up  in  duplicate  in the  Danish,  Dutch,  English,  French»  German,  Greek, 
Italian; Portuguese and Spanish and Hindi languages, each text being equally authentic 

In Witness whereof the undersigned Plenipotentiaries have signed this Agreement, 

For the Council  of the European  Communities 

For tile Government  of  India 

1NEGRE5 

-a 

-ANNEX 

DECLARATION  OF  Till:  COMMUNITY 

CONCERNING 

TA RIFF  A  DJUSTMENTS 

The  Community  reaffirms  its  declaration  annexed  to  the  Co-operation  Agreement 
signed  on  23 
(GSP) 
autonomously  put  into  force  by  the  European  Economic  Community  on  1 July  1971 
on  the  basis  of  Resolution  21  (11) of  the  seconti  United  Nations  Conference  on  Trade 
and  Development  held  in  1968. 

the  Generalised  Scheme  of  Preferences 

Jw*el9Sl  on 

The  Community  also  undertakes  to  examine  proposals  or  issues  related  to  origin  rules 
raised  by  India  which  aim  at  enabling  India  to  make  best  use  of  the  opportunities 
afforded  by  the  system. 

The  Community  is  also  willing  to  organise  woikshops  in  India  lor  public  and  private 
users  of the  system  with  a view  to  ensuiin»'  maximum  use  of it 

DECLARA  TIONS  OF  THE COMMUNITY  AND  INDIA 

the 
In  the  course  of  the  negotiations  on  the  Co-operation  Agreement  between 
European  Community  and  India  on  Partnership  and  Development,  the  Community 
declared  that  subject  to  the  provisions  of  Article  25  of  the  Agreement,  the  provisions 
of  the  Agreement  shall  replace  provisions  of  agreements  concluded  between  Member 
incompatible 
States  of  the  Community  and  India  where  such  agreements  are  either 
with  or  identical  to  the  provisions  of the  Agreement 

Further, 
conclusion  of the  Co-operation  Agreement  signed  on  23  JuneI981 : 

the  Community  confirmed 

its  declaration  made  at 

the  occasion  of  the 

a.) 

that  it  is  not  its  intention  to  withdraw  the  jute  and  coir  products,  which  are 
presently  covered  at  zero  duty  in  the  Generalised  Scheme  of  Preferences  which 
was  autonomously  put  into  force  by  the  Community  on  1 July  1971  on  the  basis 
of  Resolution  21  (II)  of  the  second  United  Nations  Conference  on  Trade  and 
Development  held  in  1968,  and  that  it  is  not  its  intention  to  withdraw  them  from 
(JSP  in the  foreseeable  future 

b) 

that  it  is  prepaied,  in  the  course  of  its  endeavours  to  impiove  the  system  of 
generalised  preferences  to  take  into  account  the  interests  of  India  in  the  extension 
and  strengtheninu  of  its trade  relations  with  the  Community 

India  took  note  of the  declarations  by the  Community 

• \^t -

DECLARATION  FOR  INCLUSION  IN THE MINUTES 

Article  12 of  this Cooperation  Agreement  does not  affect  the adoption of 
plant-health  or  veterinary  measures by either  of  the Contracting  Parties 

io-

ISSN 0254-1475 

COM(93) 82 final 

DOCUMENTS 

EN 

03  il 

Catalogue number : CB-CO-93-103-EN-C 

ISBN 92-77-53386-2 

•Office for Official  Publications of the European Communities 
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