Source: EURLEX
Language: en
Format: md

5. 4. 90 Official Journal of the European Communities No C 87/7

Proposal for a Council Decision concerning the conclusion of the Framework Agreement for
trade and economic cooperation between the European Economic Community and the

Argentine Republic

_COM(90) 84 final_

_(Submitted by the Commission on 14 March 1990)_

(90/C 87/05)

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 economic
relations, the Framework Agreement for trade and
economic cooperation with the Argentine Republic;

Whereas certain forms of cooperation proposed under
the Agreement exceed the powers of action provided for
in the field of the common commercial policy,

HAS DECIDED AS FOLLOWS:

_Article 1_

The Framework Agreement for trade and economic
cooperation between the European Economic

Community and the Argentine Republic 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 11 of the Agreement ( [1] ).

_Article 3_

The Commission, assisted by representatives of the
Member States, shall represent the Community in the
Joint Committee set up by Article 7 of the Agreement.

_Article 4_

The Decision shall enter into force on the day following
its publication in the _Official Journal of the European_
_Communities._

(') The date of entry into force of the Agreement will be
published in the _Official Journal of the European_
_Communities_ by the Secretariat-General of the Council.

FRAMEWORK AGREEMENT

for trade and economic cooperation between the European Economic Community and the

Argentine Republic

THE EUROPEAN ECONOMIC COMMUNITY,

of the one part,

THE GOVERNMENT OF THE ARGENTINE REPUBLIC,

of the other part,

CONSIDERING the importance of the traditional links of friendship between the Argentine Republic and
the Member States of the European Economic Community,

No C 87/8 Official Journal of the European Communities 5. 4. 90

CONSIDERING THAT the European Economic Community and the Argentine Republic wish to
establish a direct link in order to maintain, complement and extend the existing relations between the
Argentine Republic and the Member States of the European Economic Community,

CONSIDERING THAT Argentina, following recent internal political developments, wishes to stabilize
and strengthen democracy and promote economic and social progress,

RECOGNIZING THAT to this end Argentina is making considerable efforts to restructure its economy,

CONSIDERING THAT Argentina is engaged in a process of regional integration with certain Latin
American countries which is bound to be conducive to progress, economic reform and political stability,

CONSCIOUS that there are serious regional imbalances in Argentina, that the most depressed regions are,
in the main, border areas and that this situation complicates the process of integration with neighbouring
countries referred to above,

NOTING THAT Argentina enjoys normal economic and trade relations with all the Member States of the
Community,

DESIROUS of creating favourable conditions for the harmonious development and diversification of trade
and the promotion of trade and economic cooperation on a basis of equality, non-discrimination, mutual
advantage and reciprocity,

BELIEVING that a new impetus should be given to trade and economic relations between the Community
and Argentina by strengthening the cooperation aspects,

RECOGNIZING that the Community and Argentina wish to establish contractual links aimed at fostering
trade and economic cooperation capable of further development at a later stage and taking account of the
opportunities opened up by the completion of the single market in the 1990s,

CONVINCED that such cooperation must be implemented in an evolving and pragmatic fashion, in a
spirit of good will, as their respective policies develop, ^ ~

HAVE DECIDED to conclude this Agreement and to this end have designated as their Plentipotentiaries:

THE EUROPEAN ECONOMIC COMMUNITY,

THE GOVERNMENT OF THE ARGENTINE REPUBLIC,

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

HAVE AGREED AS FOLLOWS:

5. 4. 90 Official Journal of the European Communities No C 87/9

_Article 1_

Democratic basis for cooperation

1. Cooperation ties between the Community and
Argentina and this Agreement in its entirety are based on
respect for the democratic principles and human rights
which inspire the domestic and external policies of the
Community and Argentina.

2. The strengthening of democracy and regional integration are the basic principles of this Agreement and are
a concern shared by the two Parties. Implementation of
this Agreement shall be ensured by encouraging
economic and social development by means of trade,
economic, agricultural, industrial and technological
cooperation.

_Article 2_

Most-favoured-nation treatment

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

2. The Contracting Parties also undertake to consider
granting, each in accordance with its legislation, relief
from duties, taxes and other charges in respect of goods
temporarily remaining in their territories for
re-exportation either in the unaltered state of after
inward processing.

_Article 3_

Trade cooperation

1. The Contracting Parties undertake to promote the
development and diversification of their trade to the
highest possible level consistent with their respective
economic situations.

2. To this end they agree to study ways and means of
eliminating barriers to trade between diem, in particular
non-tariff and quasi-tariff barriers, taking into account
the work carried out by international organizations in
this field.

3. The Contracting Parties shall, each in accordance
with its legislation and according to its relative level of
development, conduct a policy aimed at:

(a) granting each other the most extensive facilities for
commercial transactions in which either Party has an
interest;

(b) cooperating at bilateral and multilateral level in
solving trade problems of common interest, including
problems relating to commodities, agricultural
products, and semi-manufactured or manufactured
products;

(c) taking into account their respective needs and
interests regarding both access to and the further
processing of resources and market access for the
Contracting Parties' products;

(d) bringing together economic operators from the two
regions with the aim of diversifying and expanding
existing trade flows;

(e) studying and recommending trade promotion
measures likely to encourage the expansion of
imports and exports.

_Article 4_

Economic cooperation

1. The Contracting Parties, taking into account their
mutual interest and long-term economic objectives, shall
foster economic cooperation in all fields deemed suitable
by them, with no field excluded from the outset and
taking into account their different levels of development.

The objectives of such cooperation shall be _inter alia:_

— to encourage the development and prosperity of their
respective industries,

— to open up new sources of supply and new markets,

— to encourage scientific and technological progress in
all areas in which cooperation is possible, expanding
programmes existing at the date of this Agreement
and extending cooperation to other sectors,

— to encourage cooperation between economic
operators, with the aim of promoting the creation of
joint ventures and other forms of industrial
cooperation which their respective industries might
develop,

— generally to contribute to the development of their
respective economies and standard of living,

— to support the process of regional integration in
which Argentina is engaged with certain Latin
American countries, taking account of the problems
raised by depressed border areas which make integration with bordering countries difficult.

No C 87/10 Official Journal of the European Communities 5. 4. 90

2. As means to such ends, the Contracting Parties
shall endeavour _inter alia_ to facilitate and promote by
appropriate means:

(a) cooperation for the development of industry, agroindustry, food processing, mining, fisheries, infrastructure, transport and communications, telecommunications, health, education and training, tourism
and other services;

(b) broad and harmonious cooperation between their
respective industries, particularly in the form of joint
ventures in all productive sectors;

(c) greater participation by each side's economic
operators in the development of the various sectors
of the Contracting Parties' industries on mutually
advantageous terms;

(d) scientific and technological cooperation:

In this field, the Community shall encourage
high-level scientific research with Argentina by
setting up an appropriate scientific framework for
cooperation between the Parties. It shall promote
exchanges of scientists and encourage the establishment of lasting and stable links between the two
Parties;

(e) promotion of the transfer of technology to sectors
identified by mutual agreement, while cooperating
with good will on all aspects of industrial,
commercial and intellectual property rights, each in
accordance with its legislation;

(f) vocational and administrative training;

(g) cooperation in the field of energy;

(h) cooperation in creating favourable conditions for the
expansion of investment on a basis of advantage for
both parties;

(i) cooperation in the protection of the environment and
natural resources;

(j) cooperation in respect of third countries;

(k) cooperation in regional integration, based on the
transfer of experience;

(1) cooperation in all aspects of industrial standardization.

3. The Contracting Parties shall as appropriate
encourage the regular exchange of information relating
to trade and economic cooperation.

4. The Contracting Parties shall take the appropriate
steps, according to their means and through their own
channels, including those relating to financial resources,
to facilitate the attainment of the economic cooperation
objectives referred to in paragraph 1.

_Article 5_

Agricultural cooperation

1. Argentina and the Community shall establish
cooperation in agriculture. To this end they shall
examine in a spirit of cooperation and good will:

(a) the opportunities for increasing their trade in agricultural products;

(b) health, plant health and environmental measures and
their effects to prevent them hindering trade, while
taking into account the two Parties' legislation in this
field.

2. The Community shall contribute to Argentina's
efforts to diversify its exports of agricultural products.

_Article 6_

Industrial cooperation

The Contracting Parties agree to cooperate in particular
to encourage joint ventures, _inter alia_ those contributing
to diversification of Argentine exports and the assimilation of technology, using to this end:

(a) the Argentine Government's laws and initiatives on
foreign investment and industrial development;

(b) the opportunities offered by the Community for
cooperation between its economic operators and
those of the countries of Latin America.

_Article 7_

Joint Cooperation Committee

1. A Joint Cooperation Committee shall be established, consisting of representatives of the Community
and of Argentina. It shall meet once a year, alternately in
Brussels and Buenos Aires, on a date fixed by mutual
agreement. Extraordinary meetings may be convened by
mutual agreement.

The Joint Committee shall see to the proper functioning
of this Agreement and shall examine all questions which
may arise in implementing it.

5. 4. 90 Official Journal of the European Communities No C 87/11

2. In particular, the Joint Committee may make
recommendations which would contribute to the

attainment of the objectives of this Agreement, taking
into account the social and economic policies of the
Contracting Parties.

It shall analyse trade between the Parties with particular
reference to its overall composition, rate of growth,
structure and diversification, and to the trade balance
and the various forms of trade promotion.

It shall facilitate contact and exchanges of information to
optimize the functioning of this Agreement.

It shall put forward proposals on issues of mutal interest
relating to economic cooperation in general and
industrial cooperation in particular, and shall examine
appropriate measures to develop and diversify them.

3. The Joint Committee may set up specialized
subcommittees to assist it in the performance of its
duties.

_Article 8_

Other agreements

1. Without prejudice to the relevant provisions of the
Treaties establishing the European Communities, neither
this Agreement nor any action taken under it shall in any
way affect the powers of the Member States of the
Communities to untertake bilateral activities with the

Argentine Republic in the field of economic cooperation
or where appropriate to conclude new economic
cooperation agreements with the Argentine Republic.

2. Subject to the provisions of paragraph 1 concerning
economic cooperation, the provisions of this Agreement
shall replace the provisions of agreements concluded
between the Member States of the Communities and

Argentina where such provisions are either incompatible
with or identical to the provisions of this Agreement.

_Article 9_

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 that Treaty and, on the other, to
the territory of the Argentine Republic.

_Article 10_

Future developments

1. The Contracting Parties may by mutual consent
expand this Agreement in order to enhance the level of
cooperation 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
widening the scope of their cooperation, taking into
account the experience gained in its application and the
progress of the regional integration process in which
Argentina is engaged.

_Article 11_

Duration

1. 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.

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

_Article 12_

The exchange of letters annexed hereto shall form an
integral part of this Agreement.

_Article 13_

Authentic languages

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

^oC^Bt^ Cofficial]oumal of theEurope^n Communities ^ ^ ^ 0

^virRresident,

lhavethehonour to confirmthe following^

With regard to the barriers to trade which may arise for theEuropean Economic Community
and its member states or the Argentine Republic asaresult of the operation of shipping, it has
beenagreedthat mutually satisfactory solutions on shipping should be sought withaview to
promoting trade development.

Tho this end, it has likewise been agreed that the issue should be discussed by the]oint
Committee.

Rleaseaccept, ^ir,theassurance of my highest consideration.