Proposal for a Council Decision on the conclusion 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
Date: 2004-09-16
Institutions: European Commission
Subjects: Mexico, association agreement (EU), cooperation agreement (EU), cooperation policy, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.9.2004 
COM(2004) 270 final/3 

2004/0085 (AVC) 

Corrigendum: 
Acronyme CNS remplacé par AVC. 
Concerne les 11 versions linguistiques 
pages 1 et 5. 

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 

Proposal for a 

COUNCIL DECISION 

On the conclusion 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) 

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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.  

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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) 

(4) 

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, 

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

HAS DECIDED AS FOLLOWS:  

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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 

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2004/0085 (AVC) 

Proposal for a 

COUNCIL DECISION 

On the conclusion 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  and  second  sentence,  and  the  second  subparagraph  of  Article  300(3) 
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, 

Having regard to the assent of the European Parliament, 

Whereas: 

(1) 

The  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, has been signed on behalf of the European 
Community and its Member States on , 

(2) 

The Additional Protocol should be approved, 

HAS DECIDED AS FOLLOWS:  

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Article 1 

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, is hereby approved 
on  behalf  of  the  European  Community  and  its  Member  States.  The  text  of  the  Additional 
Protocol is attached to this Decision.  

Article 2 

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

Done at Brussels, 

For the Council 
The President 

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ANNEX  

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 KINGDOM OF BELGIUM, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

IRELAND, 

THE ITALIAN REPUBLIC, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE PORTUGUESE REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

hereinafter referred to as “European Community Member States”, 

THE EUROPEAN COMMUNITY, 

hereinafter referred to as the “Community”, 

THE UNITED MEXICAN STATES,  

hereinafter referred to as “Mexico”, 

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and 

THE CZECH REPUBLIC, 

THE REPUBLIC OF ESTONIA, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE REPUBLIC OF HUNGARY, 

THE REPUBLIC OF MALTA, 

THE REPUBLIC OF POLAND, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

hereinafter referred to as “the New Member States”, 

WHEREAS  the  Economic  Partnership,  Political  Coordination  and  Cooperation  Agreement 
between the Community and its Member States, of the one part, and Mexico, of the other part, 
hereinafter referred to as “the Agreement”, was signed in Brussels on 8 December 1997 and 
entered into force on 1 October 2000; 

WHEREAS  the  Treaty  concerning  the  accession  of  the  Czech  Republic,  the  Republic  of 
Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the 
Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia 
and  the  Slovak  Republic  to  the  European  Union  (hereinafter  referred  to  as  “Treaty  of 
Accession”) was signed in Athens on 16 April 2003; 

WHEREAS, pursuant to Article 6(2) of the Treaty of Accession the incorporation of the New 
Member  States  to  the  Agreement  shall  be  formalised  by  the  conclusion  of  a  protocol  to  the 
Agreement; 

WHEREAS  Article  55  of  the  Agreement  states:  “For  the  purposes  of  this  Agreement,  ‘the 
parties’ shall mean, on the one hand, the Community or its Member States or the Community 
and  its  Member  States,  in  accordance  with  their  respective  areas  of  competence,  as  derived 
from the Treaty establishing the European Community and, on the other hand, Mexico”; 

WHEREAS Article 56 of the Agreement states: “This Agreement shall apply to the territory 
in which the Treaty establishing the European Community is applied under the conditions laid 
down in that Treaty, on the one hand, and to the territory of the United Mexican States, on the 
other”; 

WHEREAS Article 59 of the Agreement states: “This Agreement is drawn up in duplicate in 
the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and 
Swedish languages, each of these texts being equally authentic”;  

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WHEREAS the European Community, in view of the date of accession of the New Member 
States to the European Union, may need to apply the provisions of this Protocol before having 
completed all internal procedures required for its entry into force; 

WHEREAS Article 5(3) of the present Protocol would allow for the provisional application of 
the  Protocol  by  the  European  Community  and  its  Member  States  before  having  completed 
their internal procedures required for its entry into force; 

HAVE AGREED AS FOLLOWS: 

Article 1 

The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, 
the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of 
Poland, the Republic of Slovenia, and the Slovak Republic are hereby incorporated as Parties 
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. 

Article 2 

Within  six  months  of  the  initialling  of  this  Protocol  the  European  Community  shall 
communicate to the Member States and to Mexico the Czech, Estonian, Hungarian, Latvian, 
Lithuanian,  Maltese,  Polish,  Slovak  and  Slovenian  language  versions  of  the  Agreement. 
Subject  to  the  entry  into  force  of  this  Protocol  the  new  language  versions  shall  become 
authentic under the same conditions as the versions drawn up in the present languages of the 
Agreement.  

This Protocol shall form an integral part of the Economic Partnership, Political Coordination 
and Cooperation Agreement.  

Article 3 

Article 4 

This  Protocol  is  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English,  Estonian, 
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 
Portuguese,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of  these  texts  being 
equally authentic.  

Article 5 

1.This  Protocol  shall  be  approved  by  the  European  Community,  by  the  Council  of  the 
European  Union  on  behalf  of  the  Member  States  and  by  the  United  Mexican  States  in 
accordance with their own procedures.  

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2.  This  Protocol  shall  enter  into  force  on  the  first  day  of  the  month  following  the  date  on 
which  the  Parties  notify  each  other  of  the  completion  of  the  procedures  necessary  for  this 
purpose.  

3. Notwithstanding paragraph 2, the Parties agree that, pending the completion of the internal 
procedures of the European Community and its Member States for the entry into force of the 
Protocol, they shall apply the provisions of this Protocol for a maximum period of 12 months 
from the first day of the month following the date on which the European Community and its 
Member  States  give  notification  of  the  completion  of  their  procedures  necessary  for  that 
purpose and Mexico gives notification of the completion of its procedures necessary for entry 
into force of the Protocol. 

4. Notification shall be sent to the Secretary General of the Council of the  European Union 
who shall be the depositary for the Agreement. 

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