Title
INTERREGIONAL FRAMEWORK COOPERATION AGREEMENT between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part
Preamble
THE REPUBLIC OF AUSTRIA,
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 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', and
THE EUROPEAN COMMUNITY,
Hereinafter referred to as 'the Community', of the one part, and THE ARGENTINE REPUBLIC,
THE FEDERATIVE REPUBLIC OF BRAZIL,
THE REPUBLIC OF PARAGUAY,
THE EASTERN REPUBLIC OF URUGUAY,
Parties to the Treaty of Asuncion establishing a Southern Common Market and to the Ouro Preto additional Protocol, hereinafter referred to as the 'Mercosur Party States', and
THE SOUTHERN COMMON MARKET hereinafter referred to as 'Mercosur', of the other part,
CONSIDERING the deep historical, cultural, political and economic links which unite them, and taking inspiration from the values shared by their peoples;
CONSIDERING their full commitment to the content and principles of the Charter of the United Nations and to democratic values, the rule of law and promoting and respecting human rights;
CONSIDERING the importance which both Parties attach to the principles and values set out in the Final Declaration of the United Nations Conference on Environment and Development held in Rio de Janeiro in June 1992 and those set out in the Final Declaration of the World Summit for Social Development held in Copenhagen in March 1995;
MINDFUL of the fact that both Parties consider the process of regional integration to be an instrument of economic and social development which makes it easier for their economies to become part of the world economy, and, finally, promotes closer relations between peoples and contributes to greater international stability;
REAFFIRMING their desire to uphold and strengthen the tenets of international free trade, in compliance with World Trade Organization rules, with a particular emphasis on the importance of open regionalism;
CONSIDERING that both the Community and Mercosur have specific experience of regional integration which could be of mutual benefit as they forge closer relations determined by their needs;
MINDFUL of the relations of cooperation which have been established by the bilateral agreements between the States of the respective regions and by the Framework Cooperation Agreements which the Mercosur Party States have signed bilaterally with the European Community;
MINDFUL of the results produced by the Interinstitutional Cooperation Agreement of 29 May 1992 between the Southern Common Market Council and the Commission of the European Communities, and emphasizing the need to continue the activities realized by that Agreement;
CONSIDERING the political will of both Parties to achieve what will ultimately be a political and economic interregional association founded on greater political cooperation and progressive and reciprocal liberalization of all trade, taking account of the sensitivity of certain goods and complying with World Trade Organization rules, and founded, finally, on the promotion of investment and closer cooperation;
MINDFUL of the terms of the Joint Solemn Declaration in which both Parties propose to conclude an Interregional Framework Agreement covering commercial and economic cooperation and preparing for gradual and reciprocal liberalization of trade between the two regions as a prelude to the negotiation of an Interregional Association Agreement between them,
HAVE DECIDED to conclude this Agreement and to that end have designated as their Plenipotentiaries:
THE KINGDOM OF BELGIUM:
Erik DERYCKE,
Minister for Foreign Affairs,
THE KINGDOM OF DENMARK:
Niels HELVEG PETERSEN,
Minister for Foreign Affairs,
THE FEDERAL REPUBLIC OF GERMANY:
Klaus KINKEL,
Federal Minister for Foreign Affairs and Vice-Chancellor, THE HELLENIC REPUBLIC:
Karolos PAPOULIAS,
Minister for Foreign Affairs,
THE KINGDOM OF SPAIN:
Javier SOLANA MADARIAGA,
Minister for Foreign Affairs,
THE FRENCH REPUBLIC:
Herve de CHARETTE,
Minister for Foreign Affairs,
IRELAND:
Dick SPRING,
Minister for Foreign Affairs,
THE ITALIAN REPUBLIC:
Susanna AGNELLI,
Minister for Foreign Affairs,
THE GRAND DUCHY OF LUXEMBOURG:
Jacques F. POOS,
Minister for Foreign Affairs,
THE KINGDOM OF THE NETHERLANDS:
Hans van MIERLO,
Minister for Foreign Affairs,
THE REPUBLIC OF AUSTRIA:
Wolfgang SCHUSSEL,
Federal Minister for Foreign Affairs and Vice-Chancellor, THE PORTUGUESE REPUBLIC:
Jaime GAMA,
Minister for Foreign Affairs,
THE REPUBLIC OF FINLAND:
Tarja HALONEN,
Minister for Foreign Affairs,
THE KINGDOM OF SWEDEN:
Mats HELLSTROM,
Minister for European Affairs and Foreign Trade,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND: Malcolm RIFKIND,
Secretary of State for Foreign and Commonwealth Affairs,
THE EUROPEAN COMMUNITY:
Javier SOLANA MADARIAGA,
Minister for Foreign Affairs,
President-in-Office of the Council of the European Union,
Manuel MARIN,
Vice-President of the Commission of the European Communities,
THE ARGENTINE REPUBLIC:
Guido di TELLA,
Minister for Foreign Affairs,
THE FEDERATIVE REPUBLIC OF BRAZIL:
Luiz Felipe Palmeira LAMPREIA,
Minister for Foreign Affairs,
THE REPUBLIC OF PARAGUAY:
Luis Maria Ramfrez BOETTENER,
Minister for Foreign Affairs,
THE EASTERN REPUBLIC OF URUGUAY: Alvaro Ramos TRIGO,
Minister for Foreign Affairs,
THE SOUTHERN COMMON MARKET:
Alvaro Ramos TRIGO,
Minister for Foreign Affairs,
President-in-Office of the Southern Common Market,
WHO, having exchanged their Full Powers, found in good and due form,
HAVE AGREED AS FOLLOWS:
Body
Part I. Objectives, Principles and Scope
Article 1. Basis for Cooperation
Respect for the democratic principles and fundamental human rights established by the Universal Declaration of Human Rights inspires the domestic and external policies of the Parties and constitutes an essential element of this Agreement.
Article 2. Objectives and Scope
1. The objectives of this Agreement shall be to strengthen existing relations between the Parties and to prepare the conditions enabling an interregional association to be created.
2. To those ends, the Agreement covers trade and economic matters, cooperation regarding integration and other fields of mutual interest in order to bring about closer relations between the Parties and their respective institutions.
Article 3. Political Dialogue
1. The Parties shall institute regular political dialogue to back up and consolidate closer relations between the European Union and Mercosur. Such dialogue shall be conducted in accordance with the terms contained in the Joint Declaration annexed to the Agreement.
2. The ministerial dialogue provided for in the Joint Declaration shall take place within the Cooperation Council established by Article 25 of this Agreement or within other agreed forums of an equivalent level.
Part II. Trade
Article 4. Objectives
The Parties shall undertake to forge closer relations with the aim of encouraging the increase and diversification of trade, preparing for subsequent gradual and reciprocal liberalization of trade and promoting conditions which are conducive to the establishment of the Interregional Association, taking into account, in conformity with WTO rules, the sensitivity of certain goods.
Article 5. Dialogue on Trade and Economic Matters
1. The Parties shall agree on the scope of cooperation in trade matters without excluding any sector.
2. To those ends, the Parties shall undertake to conduct periodic dialogue on trade and economic matters, within the institutional framework established by Title VIII of this Agreement.
3. In particular, cooperation of this nature shall focus mainly on the following:
(a) market access, trade liberalization (tariff and non-tariff barriers) and trade discipline such as restrictive trade practices, rules of origin, safeguards and special customs arrangements, for example;
(b) the Parties' trade relations with non-member countries;
(c) the compatibility of trade liberalization with GATT and WTO rules;
(d) the identification of goods which the Parties consider to be sensitive or of priority importance;
(e) cooperation and exchanges of information on services, within the Parties' respective spheres of competence.
Article 6. Cooperation on Agri-food and Industrial Standards and Certification
1. The Parties agree to cooperate in promoting the approximation of quality standards for agri-food products and industrial goods and certification, in conformity with international criteria.
2. Within the bounds of their spheres of competence, the Parties shall examine the prospects for beginning negotiations for the conclusion of mutual recognition agreements.
3. The primary aim of cooperation shall be to promote any measure which is likely to improve the quality of the Parties' products and businesses.
Article 7. Cooperation In Customs Matters
1. The Parties shall promote cooperation in customs matters in order to improve and consolidate the legal framework for trade relations between them.
Cooperation in customs matters may also seek to strengthen the customs infrastructure of the Parties and improve their operation within the framework of interinstitutional cooperation.
2. Cooperation may be translated into action by measures including:
(a) exchanges of information;
(b) the development of new training techniques and coordination of activities in the relevant international organizations;
(c) exchanges of officials and senior personnel from customs and tax departments;
(d) simplification of customs procedures;
(e) technical assistance.
3. The Parties hereby signal their interest in giving future consideration, within the institutional framework established by this Agreement, to the conclusion of a Customs Cooperation Protocol.
Article 8. Cooperation In Statistical Matters
The Parties shall agree to promote an alignment of statistical methods with the aim of achieving mutual recognition and making use of statistics on trade in goods and services and, in general terms, data relating to any field for which statistics can be collected.
Article 9. Cooperation Regarding Intellectual Property
1. The Parties shall agree to cooperate in intellectual property matters in order to encourage investment, the transfer of technology, trade and all associated economic activity, and to prevent distortions of trade.
2. Within the bounds of their respective laws, regulations and policies, and in line with the undertakings made within the TRIPs Agreement, the Parties shall ensure that there is suitable and genuine protection of intellectual property rights, if necessary by arranging for such protection to be stepped up.
3. To the ends described in paragraph 2, intellectual property matters shall encompass copyright and similar rights, trademarks or brands, geographical terms and descriptions of origin, industrial designs and utility models, patents and integrated circuit topography.
Part III. Economic Cooperation
Article 10. Objectives and Principles
1. Guided by their mutual interests and their medium-and long-term economic objectives, the Parties shall promote economic cooperation in such a way as to help to expand their economies, increase their international competitiveness, foster technical and scientific development, improve their standards of living, establish conditions conducive to job creation and job quality and diversify and strengthen economic links between them.
2. The Parties shall encourage the conferring of a regional character on any aspect of cooperation which, by virtue of its scope or economies of scale, results in what they consider to be a more rational and efficient use of available resources and a better outcome.
3. Economic cooperation between the Parties shall have as wide a basis as possible. No sector shall be excluded from the outset, and account shall be taken of the Parties' priorities, mutual interest and areas of competence.
4. In the light of the foregoing, the Parties shall cooperate in all areas which will foster economic and social links and networks between them and which will bring their economies closer together, as well as in all areas in which there is a transfer of specific know-how relating to regional integration.
5. Within the framework of such cooperation, the Parties shall promote the exchange of information on their respective economic indicators.