Source: EURLEX
Language: en
Format: md

19 . 11 . 97 I EN I Official Journal of the European Communities C 350 / 7

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

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,

Parties to the Treaty establishing the European Community and the Treaty on European
Union, hereinafter referred to as the ' European Community Member States ',

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,

CONSIDERING their common cultural heritage and the strong historical, political and
economic ties which unite them,

C 350 / 8 I EN 1 Official Journal of the European Communities 19 . 11 . 97

MINDFUL of the broader aim to develop and reinforce the overall framework of international
relations, in particular, between Europe and Latin America,

CONSIDERING the significant contribution made by the framework Agreement for coop ­
eration between the Community and Mexico signed on 26 April 1991 in Luxembourg to
strengthening these ties,

CONSIDERING their mutual interest in establishing new contractual links in order to further
strengthen their bilateral relations, mainly through greater political dialogue, progressive and
reciprocal liberalization of trade, liberalization of current payments, capital movements and
invisible transactions, promotion of investment, and through broader cooperation,

CONSIDERING their full commitment to respecting democratic principles and fundamental
human rights set out in the Universal Declaration of Human Rights, as well as to the principles
of international law regarding friendly relations and cooperation between States in accordance
with the United Nations Charter, the principles of the rule of law and good government, as set
out in the Rio Group-European Union Ministerial Declaration adopted in Sao Paulo in 1994,

MINDFUL that in order to intensify relations in all fields of common interest, their political
dialogue should be institutionalized at both the bilateral and international levels,

CONSIDERING the importance which both Parties attach to the principles and values set out in
the final Declaration of the World Summit for Social Development in Copenhagen in March

1995,

MINDFUL of the importance that both Parties attach to the proper implementation of the
principle of sustainable development, as agreed and set out in Agenda 21 of the 1992 Rio
Declaration on Environment and Development,

CONSIDERING their attachment to the principles of the market economy and mindful of the
importance of their commitment to free international trade in conformity with the rules of the
World Trade Organization ( WTO ) and in the context of their membership of the Organ ­
ization for Economic Cooperation and Development ( OECD ), with particular emphasis on the
importance of open regionalism,

MINDFUL of the terms of the Joint Solemn Declaration signed in Paris on 2 May 1995 in
which both Parties decided to give their bilateral relationship a long-term perspective in all

areas,

CONCLUDE this Economic Partnership, Political Coordination and Cooperation Agreement :

19 . 11 . 97 EN 1 Official Journal of the European Communities C 350 / 9

TITLE I

NATURE AND SCOPE

TITLE III

TRADE

Article 4

Article 1
Objective

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 .

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 and services, taking into account the sensitive
nature of certain products and service sectors and in
accordance with the relevant WTO rules .

Article 5

Article 2
Trade in goods

Nature and scope

The object of this Agreement is to strengthen existing
relations between the Parties on the basis of reciprocity
and mutual interest . To this end, the Agreement shall
institutionalize the political dialogue, strengthen
commercial and economic relations by means of the
liberalization of trade in conformity with the rules of the
WTO and shall reinforce and broaden cooperation .

TITLE II

POLITICAL DIALOGUE

Article 3

1 . The Parties agree to institutionalize an intensified
political dialogue based on the principles referred to in
Article 1 covering all bilateral and international matters
of mutual interest and leading to closer consultation
between the Parties within the context of the inter ­

national organizations to which they both belong .

2 . The dialogue shall be conducted in accordance
with the Joint Declaration on Political Dialogue between
the European Union and Mexico, which shall form an
integral part of the Agreement and which is contained in
the Final Act .

3 . The ministerial dialogue provided for in the Joint
Declaration shall take place mainly within the Joint
Council established by Article 45 .

In order to achieve the objective laid down in Article 4,
the Joint Council established by Article 45 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,

( d ) national treatment including the prohibition of fiscal

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 .,

c 350 / 10 | EN Official Journal of the European Communities 19 . 11 . 97

( 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 .

Article 6

Trade in services

In order to achieve the objective laid down in Article 4,
the Joint Council established by Article 45 of the
Agreement, shall decide on the appropriate arrangements
for a progressive and reciprocal liberalization of trade in
services, in accordance with the relevant WTO rules, in
particular, Article V of the General Agreement on Trade
in Services ( GATS ), and taking due account of the
commitments already undertaken by the Parties within
the framework of that Agreement .

Article 7

The decisions of the Joint Council referred to in Articles

5 and 6 of the Agreement in respect of trade in goods
and services, shall adequately cover all these issues within
a comprehensive framework and shall enter into force as
soon as they have been adopted .

TITLE IV

CAPITAL MOVEMENTS AND PAYMENTS

Article 8

( a ) the definition, content, extension and substance of

the concepts included explicitly or implicitly in this
title ;

( b ) capital transactions and payments, including national

treatment, to be covered by the liberalization ;

( c ) scope of the liberalization and transitional periods ;

( d ) the inclusion of a clause allowing the Parties to

maintain restrictions in this area justified on grounds
of public policy, public security, public health and
defence ;

( e ) the inclusion of clauses allowing the Parties to
introduce restrictions in this area in case of diffi ­
culties in the operation of exchange rate or monetary
policy of one of the Parties, balance of payments
difficulties or, in conformity with international law,
the imposition of financial restrictions on third
countries .

TITLE V

PUBLIC PROCUREMENT, COMPETITION,
INTELLECTUAL PROPERTY AND OTHER

TRADE-RELATED PROVISIONS

Article 10

Public procurement

1 . The Parties shall agree to the gradual and mutual

Capital movements and payments opening of agreed government procurement markets on

a reciprocal basis .
The objective of this title is to establish a framework to
encourage the progressive and reciprocal liberalization of
capital movements and payments between Mexico and 2 . In order to achieve this objective, the Joint Council
the this Community Agreement and, without further prejudice obligations to other under provisions other inter in ­ shall timetable decide . The decision on the shall appropriate address, in arrangements particular, the and
national agreements that are applicable between the following matters :
Parties .

Capital movements and payments

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 :

Article 9

In order to achieve the objective laid down in Article 8,
the Joint Council shall adopt the measures and timetable
for a progressive and reciprocal elimination of
restrictions on capital movements and payments between
the Parties, without prejudice to other provisions in this
Agreement and further obligations under other inter ­

national agreements that are applicable between the
Parties . This 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 ) fair and transparent procedures ;

( e ) clear challenge procedures ;

( f ) use of information technology .

19 . 11 . 97 EN 1 Official Journal of the European Communities C 350 / 11

Article 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 Joined
Council shall establish mechanisms of cooperation and
coordination among their authorities with responsiblity
for the implementation of competition rules . Coop ­
eration shall include mutual legal assitance, notification,
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 ;

( c ) mergers between undertakings ;

( d ) State monopolies of a commercial character ;

( b ) the detailed measures to be adopted in pursuance of

the objective set out in paragraph 1, taking into
account in particular the relevant multilateral
conventions on intellectual property .

TITLE VI

COOPERATION

Article 13

Dialogue on cooperation and economic matters

1 . The Joint Council shall institute a regular dialogue
in order to intensify and improve the cooperation
provided for in this title which will include, in particular :

( a ) information exchange and the periodic revision of

the development of cooperation ;

( b ) coordination and supervision of the implementation

of sectoral agreements provided for in this
Agreement, as well as the examination of the pos ­
siblity of new agreements of this type .

2 . It shall also establish a regular dialogue on

( e ) public undertakings and undertakings to which economic matters that shall include the analysis and
special or exclusive rights have been granted . exchange of information, in particular on the macro ­

economic aspects, in order to stimulate trade and
investments .

Article 12

Intellectual property

1 . Reaffirming the great importance they attach to the
protection of intellectual property rights ( copyright,
including the copyright in computer programmes and
databases, and neighbouring rights, the rights relating to
patents, industrial designs, geographical indications
including designation of origins, trade marks, 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 measure
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 . To this effect, the Joint Council shall decide on :

( a ) a consultation mechanism with a view to reaching

mutually satisfactory solutions in the event of diffi ­
culties in the protection of intellectual property ;

Article 14

Industrial cooperation

1 . The Parties shall support and promote measures to
develop and strengthen efforts to set in motion a
dynamic, integrated and decentralized management of
industrial cooperation in order to create a climate
conducive to economic development, taking account of
their mutual interests .

2 . Such cooperation shall focus in particular on :

( a ) strengthening contacts between both Parties '
economic operators, by means of conferences,
seminars, missions to seek out industrial and
technical opportunities, round tables and general and
sector-specific fairs, with a view to identifying and
exploiting areas of mutual business interest and to
boosting trade, investment and industrial cooperation
and technology-transfer projects ;

c 350 / 12 PEN Official Journal of the European Communities 19 . 11 . 97

( b ) strengthening and extending the existing dialogue

between both Parties ' economic operators through
the promotion of further consultation and coordi ­
nation activities in order to identify and eliminate
obstacles to industrial cooperation, to encourage
respect for competition rules, to ensure the
consistency of overall measures and to help industry
adapt to market requirements ;

( c ) promoting industrial cooperation initiatives in the
context of the process of privatization and . liberal ­
ization of both Parties in order to encourage
investments by means of industrial cooperation
between undertakings,

( d ) supporting modernization, diversification, inno ­
vation, training, research and development and
quality initiatives,

( e ) promoting the participation of both Parties in pilot

in Services ( GATS ), in light of their mutual interest and
long and medium-term economic objectives .

2 . The Parties agree to work together both bilaterally
and at the multilateral level to increase mutual under ­
standing and awareness of their respective business
environments and to bring about exchanges of
information on financial regulations, financial super ­
vision and control and other aspects of common interest .

3 . Such cooperation shall have the particular objective
of encouraging improved and diversified productivity
and competitiveness in the financial services sector .

Article 17

Cooperation on small and medium-sized enterprises

projects and in special programmes according to
their specific terms .

1 . The Parties shall promote a favourable environment
for the development of small and medium-sized enter ­
prises .
Article 15

Investment promotion

2 . Such cooperation shall consist in :

The Parties shall help to create an attractive and stable
environment for reciprocal investment .
( a ) promoting contacts between economic operators,
encouraging joint investments and establishing joint

Such cooperation shall take the form, inter alia, of : ventures and information networks through existing

horizontal programmes such as ECIP, AL-Invest,
BRE and BC-Net ;

Such cooperation shall take the form, inter alia, of :

( a ) arrangements for information, identification and
dissemination relating to legislation and investment
opportunities ;

( b ) support for the development of a legal environment

conducive to investment between the Parties, where
appropriate, by the conclusion between the Member
States and Mexico, of agreements to promote and
protect investment and agreements to prevent double
taxation ;

( c ) the development of harmonized and simplified
administrative procedures ;

( d ) the development of mechanisms for joint
investments, in particular, with the SMEs of both
Parties .

Article 16

Financial services

1 . The Parties undertake to establish cooperation in
the financial services sector, in conformity with their
laws, regulations and policies and in accordance with the
rules and disciplines of the General Agreement on Trade

( b ) facilitating access to finance, providing information

and stimulating innovation .

Article 18

Technical regulations and conformity assessment

The Parties undertake to cooperate on technical regu ­
lations and conformity assessment .

Article 19

Customs

1 . The purpose of customs cooperation shall be to
ensure fair trade .

The Parties undertake to promote customs cooperation
with a view to improving and consolidating the legal
framework for their trade relations .

19 . 11 . 97 I EN I Official Journal of the European Communities C 350 / 13

2 . Such cooperation shall deal, in particular, with the
following :

( a ) exchanges of information ;

( b ) the development of new training techniques and

coordination of activities which should be

undertaken within the international organizations
specializing in this field ;

( c ) exchanges of officials and senior personnel from the

customs and tax administrations ;

( d ) the simplification of customs procedures for the

clearance of goods ;

( e ) technical assistance, whenever necessary .

3 . Without prejudice to other forms of cooperation
provided for under this Agreement, the parties state their
interest in considering, in the future, the conclusion of a
protocol on mutual administrative assistance in the field
of customs, within the institutional framework of this
Agreement .

Article 20

The information society

1 . The Parties recognize that information and
communication technologies are key elements of modern
life and vital to economic and social development .

2 . Cooperation in this area shall focus in particular

on :

( a ) a dialogue on all aspects of the information society ;

( b ) exchanges of information and any technical
assistance required in connection with regulations
and standardization, conformity testing and certifi ­
cation for information and telecommunication tech ­

nologies ;

( c ) the dissemination of new telecommunications and

information technologies and the refining of new
services in advanced communication, services and
information technology facilities ;

( d ) promoting and undertaking joint research and tech ­

nological and industrial development projects in the
field of new information, communication, telematics
and information society technologies ;

( e ) promoting the participation of both Parties in pilot

projects and special programmes in accordance with
the terms of the latter ;

( g ) a dialogue on regulatory cooperation concerning

international on-line services, including aspects
related to the protection of privacy and personal
data ;

( h ) the reciprocal access to databases according to terms

to be agreed upon .

Article 21

Cooperation in agriculture and the rural sector

1 . The Parties undertake to promote development and
cooperation in the agricultural, agroindustrial and rural

sectors .

2 . To this end they shall examine, inter alia, the
following :

( a ) measures to harmonize health, plant-health and
environmental standards and rules, with a view to
facilitating trade, taking account of the legislation
in force for both Parties and in conformity with
the rules of the WTO, in addition to the terms of
Article 5 ;

( b ) the potential for exchanging information and setting

up projects and activities, with that aim in mind,
notably in the fields of information, scientific and
technical research and the development of human

resources .

Article 22

Cooperation on mining

The Parties agree to promote cooperation in mining,
chiefly through operations aimed at the following :

( a ) promoting exploration, exploitation and profitable

use of minerals in accordance with each Party 's
legislation in this field ;

( b ) promoting exchanges of information, experience and

technology relating to mining exploration and
exploitation ;

( c ) promoting exchanges of experts and performing joint

research to increase opportunities for technological
development ;

( f ) the interconnection and interoperability of telematic ( d )
field .

( d ) developing measures to promote investment in this

networks and services ;

C 350 / 14 I EN I Official Journal of the European Communities 19 . 11 . 97

Article 23

Cooperation on energy

1 . Cooperation between the Parties shall aim to
develop their respective energy sectors, concentrating on
the promotion of transfer of technology and exchanges
of information about their respective legislation .

2 . Cooperation in this sector shall mainly be carried
out through : exchanges of information, training of
human resources, transfer of technology and joint tech ­
nological development and infrastructure projects ;
designing more efficient energy generation processes,
promoting the rational use of energy, supporting the use
of alternative renewable sources of energy which protect
the environment, and the promotion of recycling and
processing residues for use in generating energy .

Article 24

Cooperation on transport

1 . Cooperation between the Parties regarding
transport shall seek to :

Article 25

Cooperation on tourism

1 . Cooperation between the Parties shall primarily aim
to improve the exchange of information and establish
best practices in order to ensure a balanced and
sustainable development of tourism .

2 . In this context, the Parties shall focus in particular

on :

( a ) safeguarding and maximizing the potential of natural

and cultural heritage ;

( b ) respecting the integrity and interests of local
communities ;

( c ) promoting cooperation between regions and towns in

neighbouring countries ;

( d ) improving training in the hotel industry, with
particular emphasis on hotelmanagement and admin ­
istration .

Article 26

( a ) support the restructuring and modernization of
transport systems ; Cooperation on statistics

( b ) promote operating standards . The Parties agree to promote the harmonization of stat ­

2 . In this context, priority shall be given to :

( a ) exchanges of information between experts on the

Parties ' transport policies and other subjects of
common interest ;

( b ) economic, legal and technical training programmes

aimed at economic operators and senior public
officials ;

( c ) exchanges of information on the global navigation

satellite system ( GNSS );

( d ) technical assistance to help in the restructuring and

modernization of the transport system in all its
forms .

3 . The Parties shall look at all aspects relating to
international maritime transport services to ensure that
they do not hamper the mutual expansion of trade . In
this context, the liberalization of international maritime
transport services shall be negotiated, in accordance with
the terms of Article 6 of this Agreement .

istical methods and practice with a view to using, on a
mutually acceptable basis, statistics on trade in goods
and services and, more generally, on any area covered by
this Agreement which lends itself to statistical processing .

Article 27

Government

The Contracting Parties shall cooperate in matters
relating to government and institutions at national,
regional and local levels, with a view to promoting the
training of human resources and administrative modern ­
ization .

Article 28

Cooperation on combating drug trafficking,

money-laundering and chemical precursors

1 . The Parties shall take the appropriate measures for
cooperation and liaison, that they consider appropriate,
to intensify their actions for the prevention and
reduction of production, distribution and illegal
consumption of drugs, in conformity with their
respective internal legal regulations .

19 . 11 . 97 I EN I Official Journal of the European Communities C 350 / 15

2 . Relying on the competent bodies in this field, such
cooperation will involve in particular :

( a ) developing coordinated programmes and measures

regarding the prevention of drug abuse and the
treatment and rehabilitation of drug addicts,
including technical assistance programmes . These
efforts may also include research and measures
designed to reduce drug production by means of
regional development of areas inclined to be used to
producted illegal crops ;

( b ) developing coordinated research programmes and

projects on drug control ;

( c ) exchange of information regarding legislative and

administrative treatment and the adoption of appro ­
priate measures on the control of drugs and on
combating money laundering, including measures
adopted by the Community and international bodies
active in this field .

( d ) preventing the diversion of chemical precursors and

other substances used in the illegal production of
drugs and psychotropic substances, in accordance
with the Agreement on the Control of Drugs
Precursors and Chemical Substances signed by the
Parties on 13 December 1996, and in the United
Nations Vienna Convention of 1988 .

Article 29

Scientific and technological cooperation

1 . The Parties agree to cooperate in the field of
science and technology in areas of mutual interest,
taking account of their respective policies .

2 . The aims of such cooperation shall be :

( a ) to encourage exchanges of information and
know-how on science and technology, especially on
the implementation of policies and programmes ;

( b ) to promote enduring relations between the two

Parties scientific communities ;

( c ) to promote human resources training .

3 . Cooperation shall take the form of joint research
projects and exchanges, meetings and training of
scientists, providing for the maximum dissemination of
the results of research .

4 . In this cooperation, the Parties shall favour the
participation of their respective higher education insti ­
tutions, research centres and productive sectors, in
particular small and medium-sized enterprises .

5 . Cooperation between the Parties may result in a
sectoral Agreement on research and technological devel ­
opment, if deemed appropriate .

Article 30

Cooperation on training and education

1 . The Parties shall identify ways of markedly
improving the situation in the education and vocational
training sector . Special attention shall be paid to the
education and training of the most disadvantaged social

groups .

2 . The Parties shall step up cooperation on education,
including higher education, vocational training and
exchanges between universities and businesses, in order
to improve the level of expertise of senior staff in the
private and public sectors .

3 . The Parties shall place emphasis on measures
designed to create permanent links between their
respective specialist agencies and to encourage exchanges
of information, know-how, experts, technical resources
and in the field of youth, taking advantage of the
facilities offered by the ALFA programme and the
experience that both Parties acquired in this field .

4 . Cooperation between the Parties may lead, by
mutual consent, to a sectoral agreement in the field of
education, including higher education, vocational
training and youth related affairs .

Article 31

Cultural cooperation

1 . The Parties agree to promote cultural cooperation,
that duly respects their diversity, in order to increase
mutual understanding and the spreading of their
respective cultures .

2 . The Parties shall take appropriate measures to
promote cultural exchanges and carry out joint initiatives
in various cultural spheres . In this regard, the Parties
shall define, in due time, the relevant cooperation
activities and arrangements .

C 350 / 16 I EN I Official Journal of the European Communities 19 . 11 . 97

Article 32 conformity with their respective legislation, if deemed
appropriate .

Cooperation in the audiovisual sector

The Parties agree to promote cooperation in this sector,
mainly through training programmes in the audiovisual
sector and the media, including co-production, training,
development and distribution activities .

Article 36

Cooperation on social affairs and poverty

Article 33 1 . The Parties shall conduct a dialogue on all aspects
of the social agenda of interest to one or other Party .

and communication This should include topics related to vulnerable groups

and regions such as : indigenous population, the rural
poor, women on low incomes and other population

encourage the exchange and groups living in poverty .

Cooperation on information and communication

The Parties agree to encourage the exchange and
dissemination of information and to undertake and
support activities of mutual interest in the field of
information and communication .

Article 34

Cooperation on the environment and natural resources

1 . The need to preserve the environmental and
ecological balances shall be taken into account in all
cooperation measures undertaken by the Parties within
the meaning of this Agreement .

2 . The Parties undertake to develop cooperation to
prevent degradation of the environment ; to promote the
conservation and sustainable management of natural
resources ; to develop, spread and exchange information
and experience on environmental legislation, to stimulate
the use of economic incentives to promote compliance ;
to strengthen environmental management at all levels of
government ; to promote the training of human
resources, education in environmental topics and the
execution of joint research projects ; to develop channels
for social participation .

3 . The Parties shall encourage mutual access to
programmes in this field, in accordance with the specific
terms of such programmes .

4 . Cooperation between the Parties may lead to the
conclusion of a sectoral agreement in the field of
environment and natural resources if deemed appro ­
priate .

Article 35

Cooperation on fisheries

In view of the socioeconomic importance of their
respective fisheries sectors, the Parties undertake to
develop closer cooperation in this field notably through
the conclusion of a sectorial fisheries agreement, in

2 . The Parties recognize the importance of
harmonizing economic and social development taking
into account the need to respect the basic rights of the
groups mentioned in the previous paragraph . The new
basis for growth should create employment and ensure a
better standard of living for the least favoured sections of
the population .

3 . The Parties shall hold periodic consultations
regarding cooperation activities involving civil society
and destined to offer opportunities for the creation of
jobs, vocational training and income generation .

Article 37

Regional cooperation

1 . The Parties shall promote activities aimed at
developing joint actions by means of cooperation, mainly
in Central America and the Caribbean .

2 . Priority shall be given to initiatives that : promote
intra-regional trade in Central America and the
Caribbean ; stimulate regional cooperation on the
environment and on technological and scientific
research ; promote the development of the communi ­
cations infrastructure needed for the economic devel ­
opment of the region ; stimulate initiatives to improve the
standards of living of those living in poverty .

3 . Special attention shall be given to developing the
role of women, particularly in the productive process .

4 . The Parties shall study appropriate means for the
promotion and monitoring of joint cooperation with
other countries .

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Article 38

Cooperation on refugees

The Parties shall endeavour to preserve the benefits of
the aid already granted to Central American refugees in
Mexico and shall cooperate in the search for lasting
solutions .

Article 39

Cooperation on human rights and democracy

1 . The Parties agree that cooperation in this field
should promote the principles referred to in Article 1 of
this Agreement .

Article 41

Cooperation on data protection

1 . In respect of Article 51 of this Agreement, the
Parties agree to cooperate on the protection of personal
data in order to improve the level of protection and
avoid obstacles to trade that requires transfers of
personal data .

2 . Cooperation on personal data protection may
include technical assistance in the form of exchanges of
information and experts and the establishment of joint
programmes and projects .

Article 42

2 . Cooperation shall focus mainly on :
Health

( a ) the developments of civil society by means of
education, training and public awareness

programmes ;

( b ) training and information measures designed to help

institutions function more effectively and to
strengthen the rule of law ;

( c ) the promotion of human rights and democratic prin ­

ciples .

3 . The Parties may carry out joint projects in order to
strengthen cooperation between their respective electoral
bodies as well as between other bodies responsible for
monitoring and encouraging the respect of human rights .

1 . The objectives of health cooperation shall be to
strengthen activities in the fields of research, pharma ­
cology, preventive medicine and contagious diseases such
as AIDS .

2 . Cooperation shall take place mainly through :

( a ) projects on epidemiology, decentralization and
administration of health services ;

( b ) development of vocational training programmes ;

( c ) programmes and projects to improve health
conditions and social welfare in rural and urban

Article 40

areas .

Cooperation on consumer protection

1 . The Parties agree that cooperation in this area
should be aimed at refining their consumer protection
systems and seeking, within their respective legislations,
to make their systems compatible .

Article 43

Future Developments

1 . The Parties may by rutual consent expand this Title

2 . Cooperation shall focus mainly on : with a view to enhancing the levels of cooperation and

supplementing them by means of agreements on specific
sectors or activities .
( a ) the exchange of information and experts and
encouraging cooperation between consumer bodies
of both Parties ;

( b ) the organization of training schemes and provision

of technical assistance .

2 . With regard to the implementation of this Title, the
Parties may put forward suggestions for widening the
scope of cooperation, taking into account the experience
gained in its application .

C 350 / 18 fEN 1 Official Journal of the European Communities 19 . 11 . 97

Article 44

Resources for cooperation

1 . The Parties shall make available the appropriate
resources, including financial means, in so far as their
respective resources and regulations allow, in order to
fulfil the cooperation objectives set out in this
Agreement .

2 . The Parties shall encourage the European
Investment Bank to continue its operations in Mexico, in
accordance with its procedures and financing criteria .

TITLE VII

INSTITUTIONAL FRAMEWORK

Article 45

Joint Council

A Joint Council is hereby established which shall
supervise the implementation of this Agreement . It shall
meet at ministerial level, at regular intervals, and when
circumstances require . It shall examine any major issues
arising within the framework of this Agreement and any
other bilateral or international issues of mutual interest .

Article 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 hand .

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 .

4 . The Joint Council shall be presided over 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 47

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

Article 48

Joint Committee

1 . The Joint Council shall be assisted in the
performance of its duties by a Joint Committee
composed of representatives of the members of the
Council of the European Union and of the European
Commission on the one hand, and of representatives of
the Government of Mexico on the other hand, normally
at senior civil servant level .

In its rules of procedure the Joint Council shall
determine the duties of the Joint Committee, which shall
include the preparation of meetings of the Joint Council
and how the Committee shall function .

2 . The Joint Council may delegate to the Joint
Committee any of its powers . In this event the Joint
Committee shall take its decisions in accordance with the

conditions laid down in Article 47 .

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

Article 49

Other special committees

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

In its rules of procedure, the Joint Council shall
determine the composition and duties of such committees
or bodies and how they shall function .

Article 50

Dispute settlement
The Joint Council shall, for the purpose of attaining the
objectives of this Agreement, have the power to take
decisions in the cases provided for herein . The decisions The Joint Council shall decide on the establishment of a
taken shall be binding on the Parties which shall take the specific trade or trade-related dispute settlement
measures necessary to implement them . The Joint procedure campatible with the relevant WTO provisions
Council may also make appropriate recommendations . in this field ..

19 . 11 . 97 EN Official Journal of the European Communities C 350 / 19

TITLE VIII

FINAL PROVISIONS

Article 51

Data protection

1 . The Parties agree to accord a high level of
protection to the processing of personal and other data,
in accordance with standards adopted by the relevant
international organizations and the Community .

2 . To this end they shall take account of the standards
referred to in the Annex which shall form an integral
part of this Agreement .

2 . Nothing in this Agreement, or in any arrangements
adopted pursuant to this Agreement, may be construed
to prevent the adoption or enforcement by the Member
States or Mexico of any measure aimed at preventing the
avoidance or evasion of taxes pursuant to the tax
provisions of agreements to avoid double taxation or
other tax arrangements, or domestic fiscal legislation .

3 . Nothing in this Agreement, or in any arrangements
adopted pursuant to this Agreement, shall be construed
to prevent Member States or Mexico from distin ­
guishing, in the application of the relevant provisions of
their fiscal legislation, between taxpayers who are not in
the same situation, in particular with regard to their
place of residence, or with regard to the place where
their capital is invested .

Article 55

Article 52 Definition of the Parties

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 war material or to reasearch, 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 53

The Final Act contains the joint and unilateral
declarations made at the signature of this Agreement .

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 .

Article 56

Territorial application

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 hand .

Article 57

Duration

1 . This Agreement shall be valid indefinitely .

2 . Either Party may denounce this Agreement by
notifying the other Party . This Agreement shall cease to
apply six months after the date of such notification .

Article 54
Article 58

1 . Should most favoured nation treatment be granted Fulfilment of obligations
in accordance with the provisions of this Agreement, or
any arrangements adopted under this Agreement, it will
not apply to tax advantages which the Member States of 1 . The Parties shall adopt any general or specific
Mexico are providing or may provide in the future on measure required for them to fulfil their obligations
the basis of agreements to avoid double taxation or other under this Agreement and shall ensure that they comply
tax arrangements, or domestic fiscal legislation . with the objectives laid down in the Agreement .

C 350 / 20 EN \ Official Journal of the European Communities 19 . 11 . 97

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 .

Article 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 60

In this selection of measures, priority must be given to
those measures which least disturb the functioning of this Entry into Force
Agreement to the Joint . These Council measures and shall shall be be the notified subject immediately of consul ­ accordance 1 . This Agreement with their shall own be procedures approved . by the Parties in
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 .

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 this
Article, the other Party may ask that an urgent meeting
be called to bring the Parties together within 15 days .

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 . The application of
Titles II and VI shall be suspended until the adoption by
the Joint Council of the decisions provided in Articles 5,
6, 9, 10, 11 and 12 of this Agreement .

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

4 . This Agreement shall replace the farmework
Agreement for Cooperation between the European
Community and Mexico signed on 26 April 1991 on the
date on which Titles II and VI become applicable, as
provided for in paragraph 2 .

5 . On entry into force of the Agreement, any
decisions adopted by the Joint Council established by the
Interim Agreement on trade and trade-related matters
between the European Community and Mexico signed
on . . . ( initialled on . . .) shall be deemed to have been
adopted by the Joint Council established by Article 45 .

ANNEX

Protection of personal data referred to in Article 51

— Guidelines for the regulation of computerized personal data files, modified by the General Assembly of

the United Nations on 20 November 1990,

— Recommendation of the OECD Council concerning guidelines governing the protection of privacy and

trans-border flows of personal data of 23 September 1980 ;

— Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing

of Personal Data of 28 January 1981,

— Directive 95 / 46 / EC of the European Parliament and of the Council of 24 October 1995 on the

protection of individuals with regard to the processing of personal data and on the free movement of
such data .

19 . 11 . 97 EN Official Journal of the European Communities C 350 / 21

FINAL ACT

JOINT DECLARATION ON POLITICAL DIALOGUE BETWEEN THE EUROPEAN UNION

AND MEXICO ( ARTICLE 3 )

1 . Preamble

The European Union of the one part, and Mexico, of the other part,

— conscious of their historical, political, economic and cultural ties, and of the bonds of

friendship between their peoples,

— mindful of their desire to strengthen the political and economic freedoms which are funda ­

mental to society in the Member States of the European Union and Mexico,

— reaffirming human dignity and the promotion and protection of human rights as corner ­

stones of a democratic society, as well as the essential role of democratic institutions based
on the rule of law,

— desiring to strengthen international peace and security in accordance with the principles of

the United Nations Charter,

— sharing an interest in regional integration as a means of enabling their citizens to achieve

sustainable and harmonious development predicated on social progress and solidarity,

— building on the preferential relations established by the framework Cooperation Agreement

signed between the Community and Mexico in 1991,

— recalling the principles set out in the solemn Joint declaration signed in Paris on 2 May

1995 by the Commission and the Council, of the one part, and Mexico, of the other part,

have decided to develop relations on a long-term basis .

2 . Objectives

The European Union and Mexico consider that the establishment of greater political dialogue
represents a fundamental aspect of their envisaged economic and political rapprochement and
constitutes a decisive factor in promoting the principles set out in the preamble to this
declaration .

That dialogue shall be based on the Parties ' shared attachment to democracy and respect for

human rights as well as the desire to maintain peace and establish a just and stable international
order, in accordance with the United Nations Charter .

Its aims shall be to forge lasting links of solidartiy between the European Union and Mexico,
contributing to the stability and prosperity of their respective regions, to strive to implement
the process of regional integration and to promote a climate of understanding and tolerance
between their peoples and cultures .

It shall cover all subjects of shared interest and shall aim to open up paths towards new forms
of cooperation with shared objectives, including by means of joint international initiatives,
particularly in the areas of peace, security and regional development .

C 350 / 22 EN I Official Journal of the European Communities 19 . 11 . 97

3 . Dialogue mechanisms

The Parties shall conduct such political dialogue by means of contacts, information exchanges

and consultations between the various Mexican and European Union bodies, including the
European Commission .

It shall be held, in particular :

— at presidential level,

— at ministerial level,

— at senior official level,

— and by using diplomatic channels to maximum advantage .

Presidential meetings, the detailed arrangements for which shall be decided on by the Parties,
shall take place regularly between the highest authorities of the Parties .

Meetings at ministerial level, the detailed arrangements for which shall be decided on by the
parties, shall take place regularly between the Ministers for Foreign Affairs .

OTHER JOINT DECLARATIONS

JOINT DECLARATION ON THE DIALOGUE AT PARLIAMENTARY LEVEL

The Parties underline the advisability of institutionalizing a political dialogue at Parliamentary
level by means of contacts between the European Parliament and the Mexican Congress
( Chamber of Deputies and Senate ).

JOINT INTERPRETATIVE DECLARATION ON ARTICLE 4

The commitments that result from Article 4 of this Agreement shall not take effect until the

decision referred to in Article 5 is adopted, in conformity with Article 7 of this Agreement .

JOINT DECLARATION OF ARTICLE 24 ( 3 )

The Parties confirm their multilateral obligations on maritime transport services undertaken as
members of the WTO, taking also into acount their respective obligations under the OECD
Code of Liberalization of Current Invisible Operations .

JOINT DECLARATION WITH RESPECT TO ARTICLE 35

Both Parties agree to give their institutional support, in the multilateral field, to the adoption,
entry into force and enforcement of the International Code of Conduct for Responsible
Fishing .

19 . 11 . 97 EN | Official Journal of the European Communities C 350 / 23

DECLARATIONS BY THE EUROPEAN COMMUNITY AND / OR

ITS MEMBER STATES

DECLARATION BY THE EUROPEAN COMMUNITY ON ARTICLE 11

The Community declares that, until the adoption by the Joint Council of the implementing
rules on fair competition referred to in Article ( 2 ), it shall 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 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 .

UNILATERAL DECLARATION BY THE COMMUNITY AND ITS MEMBER STATES ON THE

INTELLECTUAL PROPERTY CONVENTIONS REFERRED TO IN ARTICLE 12

The Community and its Member States understand the the relevant multilateral conventions on
intellectual property referred to in Article 12 ( 2 ) ( b ) include at least the following :

— Paris Convention for the Protection of Industrial Property ( Stockholm Act 1967 and

amended in 1979 ),

— Bern Convention for the Protection of Literary and Artistic Works ( Paris Act 1971,
amended in 1979 ),

— International Convention for the Protection of Performers, Producers of Phonograms and

Broadcasting Organizations ( Rome 1961 ),

— Patent Cooperation Treaty ( Washington 1970, amended in 1979 and modified in 1984 ),

— Madrid Agreement concerning the international registration of marks ( Stockholm Act 1967

and amended in 1979 ),

— Nice Agreement concerning the international classification of goods and services for the

purposes of the registration of marks ( Geneva 1977, amended in 1979 ),

— Protocol to the Madrid Agreement concerning the international registration of marks

( Madrid 1989 ),

— Budapest Treaty on the international recognition of the deposit of micro-organisms for the

purposes of patent procedure ( 19 77, modified in 1980 ),

— International Convention for the Protection of New Varieties of Plants ( UPOV ) ( Geneva

Act 1991 ),

— Trademark Law Treaty ( Geneva, 1994 ).

C 350 / 24 I EN I Official Journal of the European Communities 19 . 11 . 97

DECLARATION BY THE UNITED MEXICAN STATES

UNILATERAL DECLARATION BY MEXICO ON ARTICLE 1

Mexico 's foreign policy is founded on the principles enshrined in its constitution :

— self determination of nations,

— non-intervention,

— peaceful settlement of disputes,

— prohibition of the threat or use of force in international relations,

— juridical equality of States,

— international cooperation for development,

— the struggle for international peace and international security

Given its historical experience and the supreme mandate of its political constitution, Mexico
expresses its full conviction that only the full observance of international law is the foundation
of peace and development . Mexico declares, likewise, that the principles of coexistence of the
international community, as expressed in the United Nations Charter, the principles enunciated
in the Universal Declaration of Human Rights and Democratic Principles, are the permanent
guide of its constructive participation in international affairs and are the framework for its
relationship with Community and its Member States, governed by this Agreement, and for its
relationship with any other country or group of countries .