Proposal for a Council Decision on the conclusion of a Second 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 Republic of Bulgaria and Romania to the European Union
Date: 2006-12-05
Institutions: European Commission
Subjects: Bulgaria, Mexico, Romania, accession to the European Union, agreement (EU), cooperation agreement, economic cooperation, protocol to an agreement, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.12.2006 
COM(2006) 777 final 

2006/0259 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of a Second 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 Republic of Bulgaria and 
Romania to the European Union 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Second 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 Republic of Bulgaria and Romania to the European 
Union 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Under Article 6(2) of the Protocol concerning the conditions and arrangements for admission 
of  the  Republic  of  Bulgaria  and  Romania  to  the  European  Union,  the  accession  of  the 
Republic  of  Bulgaria  and  Romania  to  the  EU-Mexico  Economic  Partnership,  Political 
Coordination  and  Cooperation  Agreement  is  to  be  agreed  by  means  of  a  Second  Additional 
Protocol  to  the  Agreement.  The  same  article  provides  for  a  special  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 23 October 2006 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 Second Additional Protocol and (2) a Council Decision on the conclusion of 
the Second Additional Protocol.  

The text of the Protocol is attached. The most important aspects of the Protocol are provision 
for the accession of the Republic of Bulgaria and Romania 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  asks  the  Council  to  approve  the  attached  draft  Council  Decisions  for  the 
signing, provisional application and conclusion of the Protocol. 

The European Parliament will be called upon to give its opinion to this Protocol. 

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Proposal for a 

COUNCIL DECISION 

on the signature and provisional application of a Second 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 Republic of Bulgaria and 
Romania 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  the  first  subparagraph,  first 
sentence, of Article 300(2) thereof, 

Having  regard  to  the  Act  of  Accession  of  the  Republic  of  Bulgaria  and  Romania  to  the 
European Union, and in particular Article 6(2) of the Protocol concerning the conditions and 
arrangements for admission of the Republic of Bulgaria and Romania, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

On  23  October  the  Council  authorised  the  Commission,  on  behalf  of  the  European 
Community  and  its  Member  States,  to  negotiate  with  Mexico  a  Second  Additional 
Protocol  to  the  Economic  Partnership,  Political  Coordination  and  Cooperation 
Agreement between the European Community and its Member States, of the one part, 
and  Mexico,  of  the  other  part,  to  take  account  of  the  accession  of  the  Republic  of 
Bulgaria and Romania to the EU 

(2) 

These negotiations have been concluded to the satisfaction of the Commission 

(3) 

(4) 

The text of the Second Additional Protocol provides for the provisional application of 
the Protocol before its entry into force 

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

HAS DECIDED AS FOLLOWS: 

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  Second  Additional 
Protocol  to  the  Economic  Partnership,  Political  Coordination  and  Cooperation  Agreement 

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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 Republic of Bulgaria 
and Romania to the European Union. The text of the Second Additional Protocol is attached 
to this Decision. 

The European Community and its Member States shall apply provisionally the terms of the 
Second Additional Protocol, subject to its entry into force at a later date. 

Article 2 

This Decision is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

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2006/0259 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Second 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 Republic of Bulgaria and Romania 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 the first subparagraph, first and 
second sentences of Article 300(2) and the first subparagraph of Article 300(3) thereof, 

Having  regard  to  the  Act  of  Accession  of  the  Republic  of  Bulgaria  and  Romania  to  the 
European Union, and in particular Article 6(2) of the Protocol concerning the conditions and 
arrangements for admission of the Republic of Bulgaria and Romania, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas: 

(1) 

The  Second  Additional  Protocol  to  the  Economic  Partnership,  Political  Coordination 
and  Cooperation  Agreement  between  the  European  Community  and  its  Member 
States,  of  the  one  part,  and  Mexico,  of  the  other  part,  was  signed  on  behalf  of  the 
European Community and its Member States on  

(2) 

The Second Additional Protocol should be approved, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

The  Second  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 
Republic of Bulgaria and Romania to the European Union, is hereby approved on behalf of 
the European Community and its Member States. The text of the second Additional Protocol 
is attached to this Decision.  

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This Decision is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

SECOND 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 Republic 
of Bulgaria and Romania to the European Union 

THE KINGDOM OF BELGIUM, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN,  

THE FRENCH REPUBLIC,   

IRELAND, 

THE ITALIAN REPUBLIC,   

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA,   

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

THE REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

THE REPUBLIC OF SLOVENIA, 

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THE SLOVAK 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”,   

and 

THE REPUBLIC OF BULGARIA, 

ROMANIA, 

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; 

the  (first)  Additional  Protocol 

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, was signed in Mexico City on 2 April 2004 and in 
Brussels on 29 April 2004; 

to 

WHEREAS the Treaty concerning the accession of the Republic of Bulgaria and Romania to 
the  European  Union  (hereinafter  referred  to  as  “Treaty  of  Accession”)  was  signed  in 
Luxembourg on 25 April 2005; 

WHEREAS, pursuant to the Treaty of Accession and in particular Article 6(2) of the Protocol 
concerning  the  conditions  and  arrangements  for  admission  of  the  Republic  of  Bulgaria  and 
Romania, the incorporation of the New Member States to the Agreement is to 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”; 

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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”;  

WHEREAS  the  (first)  Additional  Protocol  takes  account  of  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; 

WHEREAS  the  Agreement  was  authenticated  in  the  Czech,  Estonian,  Hungarian,  Latvian, 
Lithuanian,  Maltese,  Polish,  Slovak  and  Slovenian  language  versions  under  the  same 
conditions as the versions drawn up in the original languages of the Agreement; 

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  Republic  of  Bulgaria  and  Romania  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  Bulgarian  and  Romanian  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 

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Article 4 

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

Article 5 

1. 

2. 

3. 

This  Protocol  shall  be  signed  and  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 respective procedures. 

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. 

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. 

Done at ___________, on __________ in the year 2006 and 

At ........................, on .....................in the year 2006. 

For the European Community, 

Name, Position 

For Mexico,  

Name, Position 

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