Proposal for a Council Decision on a Community position within the EU - Mexico Joint Committee relating to Annex III to Decision No 2/2000 of the EU - Mexico Joint Council of 23 March 2000, concerning the definition of the concept of 'originating products' and methods of administrative cooperation
Date: 2003-12-22
Institutions: European Commission
Subjects: Mexico, administrative cooperation, agreement (EU), originating product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.2.2004 
COM(2003) 815 final/2 

2003/0336 (ACC) 

CORRIGENDUM 
Annule et remplace la page de couverture et la page 3 
du COM(2003)815 final 2003/0313 (ACC) du 22.12.2003. 
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Concerne toutes les versions linguistiques. 

Proposal for a 

COUNCIL DECISION 

on a Community position within the EU - Mexico Joint Committee relating to Annex III 
to Decision No 2/2000 of the EU - Mexico Joint Council of 23 March 2000, concerning 
the definition of the concept of 'originating products' and methods of administrative 
cooperation 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Preferential  rules  of  origin  are  essential  to  the  correct  functioning  of  the  free  trade 
agreements between the Community and its trading partners, including Mexico. The 
European  Communities  and  its  Member  States,  of  the  one  part,  and  the  United 
Mexican  States,  of  the  other  part,  have  signed  an  Economic  Partnership,  Political 
Coordination  and  Cooperation  Agreement  which  entered  into  force  on  1  October 
20001 

Annex  III  to  Decision  No  2/2000  of  the  EU  –  Mexico  Joint  Council2  concerns  the 
definition  of  the  concept  of  originating  products  and  methods  of  administrative 
cooperation and has entered into force on 1 July 2000. 

A Joint Declaration to the Agreement provides that the Joint Committee shall review 
the  necessity  to  extend  beyond  30  June  2003  the  application  of  temporary  origin 
rules3 applicable to certain chemical products of headings 2914 and 2915. 

Such  review  was  based  on  several  elements,  including  the  availability  of  the 
necessary  raw  chemical  materials  within  the  preferential  trading  area,  as  well  as 
potential investments in Mexico. A temporary extension of more flexible origin rules 
for the products considered shall have the effect of avoiding disruption of trade for 
goods that are essentially exported under preferential treatment from Mexico to the 
Community.  On  the  other  hand  a  limited-in-time  extension,  as  opposed  to  a 
definitive  one,  should  have  the  effect  of  stimulating  investments  in  Mexico  that 
would  result  in  the  local  production  of  raw  chemical  materials.  The  processing  of 
those locally manufactured raw chemicals would permit the fulfilment of ‘standard’ 
preferential  rules  of  origin  for  the  products  covered  by  Notes  2  and  3  of  Appendix 
II(a). 

Having  considered  the  above  elements,  the  Joint  Committee  shall  take  a  decision 
with a view to extending beyond 30 June 2003 and until 30 June 2006 the application 
of the above-mentioned temporary rules of origin. 

The  Commission  therefore  calls  on  the  Council  to  draw  up  a  common  position  for 
presentation to the EU – Mexico Joint Committee. 

Council Decision of 28 September 2000. OJ L276 of 28.10.2000, p. 44. 
OJ L 245 of 29.9.2000, p. 953 
Notes 2 and 3 of Appendix II(a) to Annex III to EU – Mexico Joint Council Decision No 2/2000. OJ L 
245 of 29.9.2000, p. 1058. 

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2003/0336 (ACC) 

Proposal for a 

COUNCIL DECISION 

on a Community position within the EU - Mexico Joint Committee relating to Annex III 
to Decision No 2/2000 of the EU - Mexico Joint Council of 23 March 2000, concerning 
the definition of the concept of 'originating products' and methods of administrative 
cooperation 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
133, 

Having regard to the proposal from the Commission, 

Whereas  Joint  Declaration  V  to  the  Decision  No  2/20004  of  23  March  2000  of  the  EU  - 
Mexico  Joint  Council  established  by  the  Economic  Partnership,  Political  Co-ordination  and 
Co-operation  Agreement  between  the  European  Community  and  its  Member  States,  of  the 
one part, and the United Mexican States, of the other part, signed in Brussels on 8 December 
1997  (hereinafter  “Decision  2/2000”)  provides  that  the  EU  –  Mexico  Joint  Committee 
established by that agreement shall review the necessity to extend beyond 30 June 2003 the 
application of the rules of origin set out in Notes 2 and 3 of Appendix II(a) to Annex III to 
Decision 2/2000. 

HAS DECIDED AS FOLLOWS: 

The  position  to  be  adopted  by  the  Community  within  the  Joint  Committee  established  by 
virtue  of  the  Economic  Partnership,  Political  Co-ordination  and  Co-operation  Agreement 
between  the  European  Community  and  its  Member  States,  of  the  one  part,  and  the  United 
Mexican States, of the other part, signed in Brussels on 8 December 1997, is that set out in the 
attached draft decision of the Joint Committee. 

Done at Brussels, 

For the Council 
The President 

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OJ  L  245  of  29.9.2000,  p.  953,  last  modified  by  EU  –  Mexico  Joint  Committee  Decision  of  20 
December 2002 (OJ L 44 of 18.2.2003, p. 97) 

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ECONOMIC PARTNERSHIP, POLITICAL CO-ORDINATION AND COOPERATION 
AGREEMENT 
between the European Community and its Member States, of the one part, and the United 
Mexican States, of the other part 

Draft 

Decision No..../2003 of the European Union - Mexico Joint Committee 

relating to Annex III to Decision No 2/2000 of the EU - Mexico Joint Council of 23 
March 2000, concerning the definition of the concept of 'originating products' and 
methods of administrative cooperation 

THE JOINT COMMITTEE, 

Having regard  to  Decision No  2/2000 of the EU - Mexico Joint Council of 23 March 2000 
(hereinafter  “Decision  No  2/2000”),  and  in  particular  Notes  2  and  3  of  Appendix  II(a)  to 
Annex III and Joint Declaration V thereto; 

Whereas: 

(1) 

(2) 

(3) 

Annex  III  to  Decision  No  2/2000,  concerning  the  definition  of  the  concept  of 
"originating products" and methods of administrative cooperation sets out the rules of 
origin for the products originating in the territory of the Parties to the Agreement. 

According  to  Joint  Declaration  V,  the  Joint  Committee  shall  review  the  necessity  to 
extend  beyond  30  June  2003  the  rules  of  origin  established  in  Notes  2  and  3  of 
Appendix II(a) to Annex III, where the economic conditions which formed the basis 
for establishing the rule set out in those Notes continue. 

In  accordance  with  the  analysis  of  the  relevant  economic  conditions  undertaken 
according  to  Joint  Declaration  V,  it  is  considered  appropriate  to  extend  on  a 
temporarily  basis  the  application  of  the  origin  rules  established  in  Notes  2  and  3  of 
Appendix II(a) to Annex III. 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  origin  rules  set  out  in  Notes  2  and  3  of  Appendix  II(a)  to  Annex  III  to  Decision  No 
2/2000, shall be applied until 30 June 2006 instead of the origin rules set out in Appendix II to 
Annex III to Decision No 2/2000. 

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Article 2 

This Decision shall enter into force on 1 July 2003. 

Done at [...] 

For the Joint Committee 

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LEGISLATIVE FINANCIAL STATEMENT 

The proposed Joint Committee Decision has no financial impact. 

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