Source: EURLEX
Language: en
Format: md

22 . 11 . 97 I EN I Official Journal of the European Communities C 356 / 29

INTERIM AGREEMENT

on trade and trade-related matters between the European Community, of the one part, and the

United Mexican States, of the other part

The European Community, hereinafter referred to as ' the Community ',

of the one part and,

the United Mexican States, hereinafter referred to as ' Mexico ',

of the other part,

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 to as ' the Global Agreement ', was signed in ... on . . .,

WHEREAS the Global Agreement is intended to strengthen and widen the relations between the
Community and its Member States and Mexico established by the existing Cooperation
Agreement of 1991 ;

WHEREAS it is in the mutual interest of the Parties to implement as speedily as possible, by
means of an Interim Agreement, the provisions of the Global Agreement on trade and trade ­
related matters ;

HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipo ­
tentiaries,

THE EUROPEAN COMMUNITY :

THE UNITED MEXICAN STATES :

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

HAVE AGREED AS FOLLOWS :

TITLE I

GENERAL PRINCIPLES

Article 1 ( GA 1 )

Basis of the Agreement

Respect for democratic principles and fundamental
human rights proclaimed by the Universal Declaration of
Human Rights, underpins the domestic and external
policies of both Parties and constitutes an essential
element of this Agreement .

TITLE II

TRADE LIBERALIZATION

Article 2

Objective

The objective of this Title is to establish a framework to
encourage the development of trade in goods and
services, including a bilateral and preferential,
progressive and reciprocal liberalization of trade in
goods, taking into account the sensitive nature of certain
products and in accordance with the relevant WTO
rules .

C 356 / 30 fEN Official Journal of the European Communities 22 . 11 . 97

Article 3 ( GA 5 ) TITLE III

Trade in goods PUBLIC PROCUREMENT, COMPETITION, INTEL ­
LECTUAL PROPERTY AND OTHER TRADE-RELATED

PROVISIONS

In order to achieve the objective laid down in Article 2,
the Joint Council established by Article 7 of the
Agreement shall decide on the arrangements and
timetable for a bilateral, progressive and reciprocal
liberalization of tariff and non-tariff barriers to trade in

goods, in accordance with the relevant WTO rules, in
particular Article XXIV of the GATT, and taking
account of the sensitive nature of certain products . This
decision shall address, in particular, the following

matters :

( a ) coverage and transitional periods ;

( b ) customs duties on imports and exports and charges

having an equivalent effect ;

( c ) quantitative restrictions on imports and exports and

measures having equivalent effect ;

Article 4 ( GA 10 )

Public procurement

1 . The Parties shall agree to the gradual and mutual
opening of agreed government procurement markets on
a reciprocal basis .

2 . In order to achieve this objective, the Joint Council
shall decide on the appropriate arrangements and
timetable . The decision shall address, in particular, the
following matters :

( a ) coverage of the agreed liberalization ;

( b ) non-discriminatory access to the agreed markets ;

( c ) threshold values ;

( d ) national treatment including the prohibition of fiscal ( d ) fair and transparent procedures ;

discrimination in respect of taxes imposed on goods ;

( e ) anti-dumping and countervailing measures ;

( f ) safeguard and surveillance measures ;

( g ) rules of origin and administrative cooperation ;

( h ) customs cooperation ;

( i ) customs valuation,

( j ) technical regulations and standards, sanitary and
phytosanitary legislation, mutual recognition of
conformity assessment, certifications, marks systems,

etc .;

( k ) general exceptions justified on grounds of public

morality, public policy or public security ; the
protection of human, animal or plant life or health ;
the protection of industrial, intellectual and
commercial property, etc .;

( 1 ) restrictions in case of balance of payments diffi ­

culties .

( e ) clear challenge procedures ;

( f ) use of information technology .

Article 5 ( GA 11 )

Competition

1 . The Parties shall agree on the appropriate measures
in order to prevent distortions or restrictions of
competition that may significantly affect trade between
Mexico and the Community . To this end, the Joint
Council shall establish mechanisms of cooperation and
coordination among their authorities with responsibility
for the implementation of competition rules . Co ­
operation shall include mutual legal assistance, notifi ­
cation, consultation and exchange of information in
order to ensure transparency relating to the enforcement
of competition laws and policies .

2 . In order to achieve this objective, the Joint Council
shall decide in particular, on the following matters :

( a ) agreements between undertakings, decisions by
associations of undertakings and concerted practices
between undertakings ;

( b ) the abuse by one or more undertakings of a
dominant position ;

22 . 11 . 97 EN I Official Journal of the European Communities C 356 / 31

( c ) mergers between undertakings ;

( d ) State monopolies of a commercial character ;

( e ) public undertakings and untertakings to which
special or exclusive rights have been granted .

Article 6 ( GA 12 )

Intellectual property

1 . Reaffirming the great importance they attach to the
protection of intellectual property rights ( copyright,
including the copyright in computer programs and
databases and neighbouring rights, the rights related to
patents, industrial designs, geographical indications
including designation of origins, trademarks, topo ­
graphies of integrated circuits, as well as protection
against unfair competition as referred to in Article 10 bis
of the Paris Convention for the Protection of Industrial
Property and protection of undisclosed information ), the
Parties undertake to establish the appropriate measures
with a view to ensuring an adequate and effective
protection in accordance with the highest international

. standards, including effective means to enforce such
rights .

2 . Members of the Joint Council may arrange to be
represented, in accordance with the conditions to be laid
down in its rules of procedure .

3 . The Joint Council shall establish its own rules of
procedure . It shall meet for the first time within 30 days
of the entry into force of this Agreement .

4 . The Joint Council shall be presided in turn by a
member of the Council of the European Union and a
member of the Government of Mexico, in accordance
with the provisions to be laid down in its rules of
procedure .

Article 9

The Joint Council shall, for the purposes of attaining the
objectives of this Agreement, have the power to take
decisions in the cases provided therein . The decisions
taken shall be binding on the Parties which shall take the
measures to implement them . The Joint Council may also
make appropriate recommendations .

It shall draw up the decisions and recommendations by
agreement between the two Parties .

The application of the decisions provided for in Article

3, 4 ( 2 ), 5 ( 2 ) and 6 ( 2 ) shall be suspended until the
2 . To this effect, the Joint Council shall decide on a signature of the Global Agreement .
consultation mechanism with a view to reaching mutually
satisfactory solutions in the event of difficulties in the
protection of intellectual property .
Article 10 ( GA 48 )

Joint Committee

TITLE IV

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 7 ( GA 45 )

Joint Council

1 . The Joint Council shall be assisted in the
performance of its duting by a joint committee composed
of representatives of the Community on the one hand,
and of representatives of the Government of Mexico on
the other, normally at senior civil servant level .

In its rules of procedure the Joint Council shall
A Joint Council is hereby established which shall determine include the the preparation duties of of the meetings Joint Committee of the Joint, which Council shall
supervise the implementation of this Agreement . It shall and how the Committee shall function .
meet at ministerial level at regular intervals and when
circumstances require . It shall examine any major issues
arising other bilateral within the or international framework of issues this Agreement of mututal and interest any . 2 Committee . The Joint any of Council its powers may . In delegate this event to the the Joint Joint
Committee shall take its decisions in accordance with the

conditions laid down in Article 9 .

Article 8 ( GA 46 )

1 . The Joint Council shall consist of the Members of
the Council of the European Union and Members of the
European Commission on the one hand, and Members
of the Government of Mexico, on the other .

3 . The Joint Committee shall generally meet once a
year, on a date and with an agenda agreed in advance by
the Parties, in Brussels one year and Mexico the next .
Special meetings may be convened by mutual agreement .

C 356 / 32 | EN I Official Journal of the European Communities 22 . 11 . 97

The office of chairman of the Joint Committee shall be
held alternately by a representative of each of the
Parties .

Article 11 ( GA 49 )

Other special committees

The Joint Council may decide to set up any other special
committee or body that can assist it in the performance
of its duties .

under the conditions laid down in that Treaty, on the
one hand, and to the territory of the United Mexican
States, on the other .

Article 15

Duration

This Agreement shall be applicable until the entry into
force of Global Agreement signed on . . .

In its rules of procedures, the Joint Council shall
determine the composition and duties of such committees
or bodies and how they shall function . Each of the Parties may denounce the Agreement by
notifying the other Party . The Agreement shall cease to
apply six months after the date of such notification .

Article 12 ( GA 50 )

Dispute settlement

Article 16 ( GA 58 )
The Joint Council shall decide on the establishment of a

Fulfilment of obligations

specific trade or trade-related dispute settlement
procedure compatible with the relevant WTO provisions
in this field .

1 . The Parties shall adopt any general or specific
measure required for them to fulfil their obligations
under this Agreement and shall ensure that they comply
Article 13 ( GA 52 )
with the objectives laid down in the Agreement .

National security clause

No provision of this Agreement shall preclude a Party
taking measures :

( a ) which it considers necessary to prevent disclosures of

information which are contrary to the essential
interests of its security ;

( b ) relating to the production of, or trade in, arms,

munitions or was material or to research, devel ­
opment or production connected with defence needs,
provided these measures do not adversely affect the
conditions of competition regarding products which
are not intended for specifically military purposes ;

( c ) which it considers essential to its security in the event

of serious domestic disturbances liable to disrupt
public order, war, or serious international tensions
that might erupt into armed conflict or to fulfil obli ­
gations it has entered into for the maintenance of
peace and international security .

Article 14 ( GA 56 )

Territorial application

This Agreement shall apply to the territory in which the
Treaty establishing the European Community is applied

If either Party considers that the other Party has failed
to fulfil an obligation under this Agreement, it may take
appropriate measures . Before doing so, except in cases of
special urgency, it must supply the Joint Council with all
the relevant information required for a thorough exam ­
ination of the situation, within 30 days, with a view to
seeking a solution acceptable to the Parties .

In this selection of measures, priority must be given to
those measures which least disturb the functioning of this
Agreement . These measures shall be notified immediately
to the Joint Council and shall be the subject of consul ­
tations in that Council, if the other Party so requests .

2 . The Parties agree that the term ' cases of special
urgency ' in paragraph 1 of this Article means a case of
material breach of the Agreement by one of the Parties .
A material breach of the Agreement consists of :

( a ) repudiation of the Agreement not sanctioned by the

general rules of international law ;

( b ) violation of the essential elements of the Agreement

referred to in Article 1 .

22 . 11 . 97 EN 1 Official Journal of the European Communities C 356 / 33

3 . The Parties agree that the ' appropriate measures '
referred to in this Article are measures taken in
accordance with international law . If a Party takes a
measure in a case of special urgency as provided for
under this Article, the other Party may ask that an
urgent meeting be called to bring the Parties together
within 15 days .

Article 17 ( GA 59 )

Authentic text

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 .

Article 18

Entry into force

1 . This Agreement shall be approved by the Parties in
accordance with their own procedures .

2 . This Agreement 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 . Notification shall be sent to the Secretary-General
of the Council of the European Union which shall be the
depositary for the Agreement .

FINAL ACT

JOINT DECLARATION

Joint Interpretative Declaration on Article 2

The commitments resulting from Article 2 of this Agreement will not take effect until the

Decision referred to in Article 3 is adopted .

DECLARATION BY THE EUROPEAN COMMUNITY

Declaration by the European Community of Article 5

The Community declares that, until the adoption by the Joint Council of the implementing
rules on competition referred to in Article 5 ( 2 ) it will assess any practice contrary to that
Article on the basis of the criteria resulting from the rules contained in Articles 85, 86 and 92
of the Treaty establishing the European Community, and, for products covered by the Treaty
establishing the European Coal and Steel Community, by those contained in Articles 65 and 66
of that Treaty and the Community rules on State aids, including secondary legislation .

C 356 / 34 MEN Official Journal of the European Communities 22 . 11 . 97

JOINT DECLARATION BETWEEN THE EUROPEAN COMMUNITY AND THEIR MEMBER

STATES AND THE UNITED MEXICAN STATES

With a view to the adequate coverage of the issues contained in Titles III and IV of the
Economic Partnership, Political Coordination and Cooperation Agreement signed on
( intialled on ) . . . within a comprehensive framework, the European Community and its
Member States and the United Mexican States undertake to :

1 . start and if possible, conclude negotiations regarding the arrangements for the liberalization

of trade in services and of capital movements and payments as well as the measures relating
to intellectual property provided for in Articles 6, 8, 9 and 12 of that Agreement, in parallel
with negotiations on the arrangements and timetable for liberalization of trade in goods
provided for both in Article 5 of that Agreement and in Article 3 of the Interim Agreement
on trade and trade-related matters between the European Community and Mexico signed
on . . . ( initialled on ) . . .;

2 . aim at ensuring that, without prejudice to the accomplishment of their respective internal

procedures, the results of the negotiation on the liberalization of services and of capital
movements and payments as well as the measures relating to intellectual property, provided
for above, may enter into force as soon as possible, thereby achieving the Parties ' shared
objective of a global trade liberalization covering both goods and services, in accordance
with Article 7 of the Economic Partnership, Political Coordination and Cooperation
Agreement .