CELEX: 51975PC0324
Language: en
Date: 1975-06-26 00:00:00
Title: RECOMMENDATION FOR A REGULATION (EEC) OF THE COUNCIL on conclusion of an Agreement between the European Economic Community and the United Mexican States (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 324
Vol. 1975/0115
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(75)324 final
                                                 Brussels , 26 June 1975
                RECOMMENDATION FOR A REGULATION ( EEC ) OP THE COUNCIL
                            on conclusion of an Agreement
                                       between
                           the European Economic Community
                            and the United Mexican States
                    ( submitted by the Commission to the Council )
             /'
 COM(75 ) 32^ final
 ---pagebreak--- 1.            At its session of 3 March 1975 "the Council adopted guide­
lines for the negotiations to -be opened with Mexico with a view to con­
cluding an agreement .   The negotiations occupied two sessions , held on
29/ 30 April and 9/10 June 1975 -  The French text of the agreement was
finalized at the last negotiation meeting on 10 June 1975 »
2.            This is commercial cooperation agreement broadly in pattern
with agreements of this type previously concluded by the Community with
other developing countries .   The agreement with Mexico is not so described ,
however , since the Mexican delegation preferred the simple term " agreement "
to a description which dit not tally with their initial request for a co­
operation agreement of broader scope .
              It should be noted that the Mexican delegation explained ,
in the course of the negotiations , that certificates of origin    were re­
quired in Mexico only in cases where preferential advantages were granted ,
in line with Latin America 's progress towards integration . Consequently ,
both delegations agreed that it was not necessary for the agreement to lay
down provisions in this respect .
              Finally , the negotiation directives had entrusted the Commission
with the task of seeking to obtain from Mexico/ commitment on non-discrimina-
tory access to the natural resources of that country and on protection of
Community investments in Mexico .   In neither case was it possible to
 ---pagebreak---                          - 2 -
bring Mexico to agree on texts that would satisfy the Community 's
requests . It was felt by the Commission that the Joint Committee
would provide possibilities for discussing these problems and that
it was preferable not to include in the agreement the meaningless
formulations proposed by the Mexicans .
3.           The negotiations resulted in an agreement between the
EEC and Mexico , with an exchange of letters annexed to it . These
texts are in conformity with the directives adopted by the Council
on 3 March 1975 « The Commission accordingly considers that it has
accomplished the task entrusted to it by the Council and therefore
recommends that the Council set in hand the procedures for signing
and concluding the Agreement with Mexico .
4.           With a view to concluding and implementing the Agreement ,
the Commission addresse s herewith to the Council :
             - a Recommendation for a Regulation on conclusion of the
                Agreement between the EEC and Mexico together with the
                Exchange of Letters .
 ---pagebreak---           RECOMMENDATION FOR REGULATION ( EEC ) OF THE COUNCIL
              on the conclusion of an Agreement between
              the European Economic Community and the
                       United Mexican States
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 and 114 thereof }
Having regard to the Recommendation from the Commission }
Whereas the Agreement negotiated between the European Economic Community
and the United Mexican States should be concluded ;
HAS ADOPTED THIS REGULATION ;
                                Article 1
              The Agreement between the European Economic Community
and the United Mexican States , the text of which is annexed to this
Regulation , is hereby concluded on behalf of the Community .
                                Artide 2
              The President of the Council is hereby authorized to
designate the persons empowered to sign the Agreement and to confer
on them the powers required in order to bind the Community .
                                Artide 3
              The Community shall be represented on the Joint Committee
provided for in Article 6 of the Agreement by the Commission of the Euro­
pean Communities , assisted by representatives of the Member States .
                                                                      -/•
 ---pagebreak---                      Article 4
             This Regulation shall enter into force on the third
day following its publication in the Official Journal of the Euro­
pean Communities .
             This Regulation shall he binding in its entirety and
directly applicable in all Member States .
Done at Brussels ,                     For the Council ,
                                           The Président ,
 ---pagebreak---              AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND
        THE UNITED MEXICAN STATES
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES
of the one part ,
THE GOVERNMENT OP THE UNITED MEXICAN STATES ,
of the other part ,
HAVING REGARD to the friendly relations and traditional links between
Mexico and the Member States of the European Economic Community and
their common -desire to develop and balance their reciprocal trade and
to extend their trade and economic cooperation ;
INSPIRED by their determination to strengthen , deepen and diversify these
relations for their mutual benefit ;
ADHERING to the spirit of cooperation which inspires them ;
CONVINCED that a trade policy based on cooperation is an ideal instrument
for fostering the development of international economic relations ;
AFFIRMING their common will to contribute to a new phase of international
economic cooperation and to facilitate the development of their respective
human and material resources on the basis of freedom , equality and justice ;
HAVE DECIDED to conclude this agreement and to this end have designated as
their Plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OF THE UNITED MEXICAN STATES :
WHO , having exchanged their Pull Powers , found in good and due form ,
HAVE AGREED AS FOLLOWS :
 ---pagebreak---                            Article 1
           The Contracting Parties are resolved to develop their trade
to their mutual benefit and , to this end , will establish and encourage
trade and economic cooperation in all sectors of interest to them so
as to contribute to their economic and social progress and to the balan­
ce of their reciprocal trade at the highest possible level taking into
account Mexico 's special situation as a developing country .
 ---pagebreak---                              Article 2
 1.          The Contracting Parties shall , in their trade relations ,
 grant each other most-favoured-nation treatment in all matters relating
 to :
             - customs duties and charges of all kinds on imports or exports ,
               including the procedures for collecting such duties and charges
             - regulations concerning customs clearance , transit , warehousing
               or transhipment of imported or exported products ;
            - taxes and other internal charges directly or indirectly imposed
               on imported or exported goods or services ;
            - arrangements governing the quantity of imports and exports ;
            - regulations concerning payments in respect of trade in goods
               or services , including the allocation of foreign currency
               and the transfer of such payments ;
            - regulations affecting the sale , purchase , transport , distribu­
               tion and use of goods and services on the internal market .
 2.         Paragraph 1 shall not apply to Î
(a) advantages granted by the Contrating Parties to neighbouring countries
    to facilitate frontier-zone traffic ;
(b) advantages granted by the Contracting Parties with the object of es­
    tablishing a customs union or a free trade area or as required by such
    a customs union or free trade area ;
                                                         ./•
 ---pagebreak--- ( c ) other advantages which the Contracting Parties grant to particular
      countries in conformity with the General Agreement on Tariffs and
      Trade :
( d) other advantages which Mexico grants to certain countries in accor­
      dance with the Protocol on Trade negotiations between developing
      countries in the context of the General Agreement on Tariffs and
      Trade ;
( e ) advantages granted or to be granted by Mexico to any Latin American
      or Caribbean country or group of countries .
 ---pagebreak---                              - 5 -
                           Article 3
           The Contracting Parties undertake to promote the
development and diversification of their reciprocal trade to
the highest possible level .
                                                  1
 ---pagebreak---                                - 6 -
                           Artide 4
           The Contracting Parties will develop their economic
cooperation, where linked with trade , in fields of mutual interest
and in the light of developments in their economic policies .
                     %
 ---pagebreak---                           Artide 5
           With a view to implementing Articles 3 and 4. the Contrac­
ting Parties agree to foster contacts and cooperation between their
firms and institutions with a view to undertaking concrete economic
cooperation projects which are likely to contribute to the development
and diversification of their trade .
 ---pagebreak---                             - a-
                          Article 6
1.         A Joint Committee shall be established comprising
representatives of the Community and of Mexico .   It shall hold
one session each year.  Additional sessions may be convened by
mutual agreement .
2.         The Joint Committee shall ensure the proper functioning
of this Agreement and may formulate recommendations to this end.
3.         The Joint Committee shall adopt its own roles of proce­
dure and programme of work.                      <
4.         The Joint Committee may set up specialized subcommittees
to assist it in carrying out such tasks as it shall determine .
 ---pagebreak---                             Article 7
             The Joint Committee shall in particular :
( a) examine the difficulties whicl* might hinder the growth and
      diversification of trade between the Contracting Parties }
(b) study and devise ways of overcoming trade barriers , in parti­
      cular non-tariff barriers in various sectors of trade , taking
      into account the principles and commitments agreed to by the
      two Contracting Parties within international bodies and the
      relevant work undertaken in this field by the international or­
      ganizations concerned with such problems ;
( c ) seek and recommend the implementation of the means necessary
      to foster, between the Contracting Parties , greater trade and
      economic cooperation such as to contribute to the development
      and diversification of their trade ;
(d) study and recommend trade promotion measures likely to encourage
     the development and diversification of imports and exports so as to
     foster balanced trade at the highest possible level ;
(e ) study and recommend ways and means of facilitating contacts for
      cooperation between Community and Mexican firms with the aim of
      adapting existing trade patterns and marketing structures progres­
      sively to the attainment of the Contracting Parties * long-term
      economic objectives ;
 ---pagebreak---                             - 10 -
( f) identify, taking into account the specifi interests of Mexico ,
     the various sectors and products likely to contribute to a
     broadening of reciprocal trade flows and recommend measures to
     promote and encourage   "trade which would neable these flows to
     develop in the mutual interest and in accordance with the eco­
     nomic policies of the two Parties ;
( g) facilitate exchanges of information and encourage contacts on all
     subjects bearing upon the prospects for cooperation in the economic
     field between the Contracting Parties on a mutually advantageous basis
     and the creation of favourable conditions for such cooperation.
 ---pagebreak---                          Article 8
         This Agreement shall not preclude prohibitions or restrictions
on imports , exports or goods in transit justified on grounds of public
morality, public policy or public security ; national defence or the
maintenance of peace and international security ; the protection of health
and life of humans , animals or plants ; the protection of national trea­
sures possessing artistic , historic or archaeological value ; the protec­
tion of industrial and commercial property ; or rules relating to gold and
silver or limiting the export , use or consumption of nuclear materials ,
radioactive products or any other material utilized in the development
or use of nuclear energy. Such prohibitions or restrictions shall not ,
however, constitute a means of arbitrary discrimination or a disguised
restriction on trade between the Contracting Parties .
 ---pagebreak---                              - 12 -
                           Article 9
        The provisions of this Agreement shall be substitued for
provisions of agreements conluded between Member States of the
Community and Mexico where the latter provisions are either incom­
patible or identical with the former .
 ---pagebreak---                           Article 10
        This Agreement shall apply to the territories where the
Treaty establishing the European Economic Community applies , on the
conditions established in the said Treaty, and to the territory of the
United Mexican States .
 ---pagebreak---                       - 14 -
                    Article 11
The Annex forms an integral part of this Agreement .
 ---pagebreak---                             Article 12
1.        This Agreement shall enter into force on the first day of
the month following the date on which the Contracting Parties notify
each other of the completion of the procedures necessary for this
purpose .
2.        This Agreement is concluded for a period of five years and
shall "be extended from year to year if neither Contracting Party de­
nounces it six months "before it expires .
3.        If both Contracting Parties agree , this Agreement may "be
amended to take account of emerging situations in the economic field
and the evolution of economic policies on either side .
 ---pagebreak---                                  - 16 -
                             Article  13
         This Agreement is drawn up in two copies in the Danish , Dutch ,
English , French , German , Italian and Spanish languages , each text "being
authentic .
 ---pagebreak---                                     - 17 -
                                A  N  N  E   X
                        Joint Declaration on Article 6
                             of the Agreement
1 . The representatives of the Contracting Parties in the Joint Committee
    will transmit any agreed recommendations to their respective authorities
    for consideration and appropriate action to be taken as speec&y and effec­
    tively as possible . In the event of the representatives of the Contracting
    Parties within the   Joint Committee being unable to evolve a recommenda­
    tion on a matter considered by either Contracting Party to be urgent or
    important , they will submit the views of the two sides to their authori­
    ties .
2 . The Joint Committee will , when making proposals and recommendations ,
    have due regard to the United Mexican States • development plans and
    policies and to the progress of the Community 's economic , industrial ,
    social , scientific and environmental policies as well as to the level
    of economic development of the Contracting Parties .
3 . The Joint Committee will examine opportunities and make recommendations
    for the efficient utilization of all available instruments , in addition
    to the most -favoured-nation clause and the generalized scheme of prefe­
    rences , in order to promote trade in items of interest to the United
    Mexican States .
                                                       * • • /• • •
 ---pagebreak--- The Joint Committee will study opportunities for expanding economic
cooperation as an additional factor furthering development of mutual
trade .
 ---pagebreak---                                  - 19 -
        Declaration by the European Economic Community
                  on generalized preferences
          On 1 July 1971 "the Community autonomously introduced a
Generalized Scheme of Preferences on the "basis of Resolution 21 ( il)
of the Second United Nations Conference on Trade and Development
of 1968 .   The Community is prepared , in the course of its endeavours
to improve this system , to take into account the interest of the United
Mexican States in the inclusion of new products and in the improvement
of terms relating to some of those already included with a view to
broadening and strengthening its trade relations with the Community.
 ---pagebreak---                                 - 20 -
                 Exchange of letters concerning transport
Sir,
        I have the honour to inform you as follows :
        Taking into account the interest shown during the negociation
                                                    tne
of the Agreement between the Community and Mexico/ in transport sector,
particularly sea transport , the Parties agree to examine in the Joint
Committee any problems which may arise in this sector in order to seek
mutually satisfactory solutions .