Proposal for a Council Decision on a Community position within the EU-Mexico Joint Council concerning the liberalisation of the tariff treatment of certain products listed in Annex I of Decision 2/2000 of the EU-Mexico Joint Council
Date: 2004-03-16
Institutions: European Commission
Subjects: Mexico, agreement (EU), customs duties, fishery product, import, tariff preference, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.3.2004 
COM(2004) 169 final 

2004/0060 (ACC) 

Proposal for a 

COUNCIL DECISION 

on a Community position within the EU-Mexico Joint Council concerning the 
liberalisation of the tariff treatment of certain products listed in Annex I of 
Decision 2/2000 of the EU-Mexico Joint Council 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
  
EXPLANATORY MEMORANDUM 

Decision  2/2000  of  the  EU-Mexico  Joint  Council,  establishing  the  liberalisation  of  trade 
between the EU and Mexico, includes a number of review clauses. In particular, article 10.5 
specifies  a  clear  time  schedule  to  open  and  possibly  conclude  negotiations  on  a  tariff  rate 
quota for tuna loins  originating  in Mexico. Since  2001  Mexico has  stated its  desire to open 
such negotiations, however, the Mexican request was judged excessive in relation to current 
and future export potential. Furthermore Mexico implemented a number of technical barriers 
to trade that limited the normal export of similar products originating in the EU to Mexico.  

In 2002 Mexico started exporting this product while repealing in the same year its conflictive 
internal  legislation  affecting  EU  exports.  Mexico  also  actively  co-operated  in  reforming  the 
statute  of  the  Inter-American  Tuna  Tropical  Commission  so  as  to  permit  access,  at  a  later 
stage,  to  international  entities  such  as  the  EU.  In  the  meantime,  Mexico  agreed  to  the 
provisional  accession  of  certain  EU  Member  States  to  the  same  Commission.  Consequently 
negotiations  resumed  in  2003  and  a  mutually  satisfactory  conclusion,  reproduced  in  the 
annexed Draft Joint Council Decision, was achieved.  

The 133 Committee has been informed on a regular basis. The enclosed proposal is therefore 
submitted for approval.  

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2004/0060 (ACC) 

Proposal for a 

COUNCIL DECISION 

on a Community position within the EU-Mexico Joint Council concerning the 
liberalisation of the tariff treatment of certain products listed in Annex I of 
Decision 2/2000 of the EU-Mexico Joint Council 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

To  adopt,  as  a  Community  position  within  the  EU-Mexico  Joint  Council,  the  annexed  draft 
decision. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

DRAFT DECISION OF THE EUROPEAN UNION – MEXICO JOINT 
COUNCIL 

Introducing  a  tariff  rate  quota  for  certain  products  originating  in  Mexico  and 
listed in Annex I to Decision 2/2000 of the EU-Mexico Joint Council 

THE JOINT COUNCIL, 

Having  regard  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, signed in Brussels on 8 December 
1997; 

Having regard to Decision 2/2000 of the EU-Mexico Joint Council of 23 March 2000 
(hereinafter “Decision 2/2000”) and in particular Article 3 paragraph 5 thereof; 

Whereas: 

(1)  Article  10  paragraph  5  of  Decision  2/2000  states  that  parties  shall  enter  into 
negotiations  to examine  the  possibility of opening a  preferential tariff  rate quota for 
tuna loins; 

(2) Parties have concluded a mutually satisfactory negotiation; 

(3)  Article  3  paragraph  5  gives  to  the  Joint  Council  the  capacity  to  accelerate  the 
reduction of customs duties more rapidly than is provided for in Articles 4 to 10, or 
otherwise improve the conditions of access under such Articles; 

(4) A Decision by the Joint Council to accelerate the elimination of a custom duty or 
otherwise  improve  conditions  of  access  shall  supersede  the  terms  established  in 
Articles 4 to 10 for the product concerned, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The European Community shall introduce a preferential tariff rate quota for tuna loins 
originating  in  Mexico,  according  to  Annex  III  to  Decision  2/2000,  as  set  out  in  the 
Annex to this Joint Decision. 

Article 2 

From  year  3  onwards  the  quota  yearly  increase  will  be  conditional  upon  the 
exhaustion  of  the  previous  year’s  quota.  For  the  purposes  of  this  Article  the  quota 
shall  be  considered  exhausted  if,  at  31  December  of  each  year,  at  least  80%  of  the 
total amount available in the year under consideration has been used. 

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Article 3 

The quota will be opened from the day of the entry into force of this Joint Decision. 
From year 2 onwards the quota will be opened on 1 January of each year. 

Article 4 

This Decision shall enter into force thirty days after the day of its adoption. 

Done at [...] 

For the Joint Council 

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ANNEX  

European Community quota on tuna loins originating in Mexico classified under CN code 1604 14 16 

Yearly increase from year 3 onwards is subject to conditions laid down in article 2 of this Decision. The quota is managed under a 
“first come, first served” basis. 

Year 1 

Year 2 

Year 3 

Year 4 

Year 5 

Year 6 

Year 7 

Year 8  

Year 9 

Year10 

Following years 

5.000  

6.000  

7.000  

8.000  

9.000  

10.000  

11.000  

12.000  

13.000  

14.000  

15.000 

tonnes 

tonnes 

tonnes 

tonnes 

tonnes 

tonnes 

tonnes 

tonnes 

tonnes 

tonnes 

tonnes 

Duty 
rate 

6% 

Duty rate 

Duty rate 

Duty rate 

Duty rate  

Duty rate 

Duty rate 

Duty rate 

Duty rate 

Duty rate 

Duty rate 

6%  

6% 

6% 

6% 

6% 

6% 

6% 

6% 

6% 

6% 

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1. 

2. 

3. 

4. 

5. 

5.0 

FINANCIAL STATEMENT 

BUDGET HEADING: 

TITLE: 

DATE: […] 
APPROPRIATIONS: 

EU  Mexico  Joint  Council  Decision  introducing  a  tariff  rate  quota  for  certain 
products  originating  in  Mexico  (tuna  loins)  and  listed  in  Annex  I  to  Decision 
2/2000 of the EU-Mexico Joint Council 

…] 
LEGAL BASIS: 
Art. 133 of the Treaty 
AIMS: 
This Decision will implement the review clause contained in art 10.5 of the EU-Mexico Joint Council 
Decision 2/2000. The EU will open a tariff quota for tuna loins originating in Mexico for further 
processing in the EU. 
FINANCIAL IMPLICATIONS 

12 MONTH 
PERIOD 

CURRENT 
FINANCIAL 
YEAR 
[n] 
(EUR million) 

FOLLOWING 
FINANCIAL 
YEAR 
[n+1] 
(EUR million) 

(EUR million) 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

5.1  REVENUE 

OWN RESOURCES OF THE EC  

- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

YES NO 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS: 
The product has been exported to the Community only randomly within the framework of an existing erga 
omnes preferential tariff quota. Consequently, at this stage, it is not possible to evaluate the impact of the duty 
preference on the EU customs revenues as no traditional trade data are available. 

YES NO 
YES NO 
YES NO 

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