WTO Waivers
If a right or obligation established by a provision of this Agreement duplicates one in the WTO Agreement, any measure taken in conformity with a waiver decision adopted pursuant to paragraphs 3 and 4 of Article IX of the WTO Agreement is deemed to be in conformity with the provision in this Agreement.
ARTICLE 32.5
Security Exception
Nothing in this Agreement shall be construed:
(a) to require a Party to furnish or allow access to any information the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent a Party from taking an action which it considers necessary for the protection of its essential security interests:
(i) connected to the production of or traffic in arms, ammunition and implements of war and to such traffic or transactions in other goods and materials, carried out directly or indirectly for the purpose of supplying a military establishment;
(ii) relating to the supply of services and technology, and to economic activities, carried out directly or indirectly for the purpose of supplying a military establishment;
(iii) relating to fissionable and fusionable materials or the materials from which they are derived;
(iv) taken in time of war or other emergency in international relations;
(c) to prevent a Party from taking any action in order to carry out its international obligations under the UN Charter for the purpose of maintaining international peace and security.
Chapter 33. INSTITUTIONAL AND FINAL PROVISIONS
SECTION A
Institutional Provisions
ARTICLE 33.1
The Trade Council
1. A Trade Council is hereby established. The Trade Council shall:
(a) oversee the fulfilment of the objectives of this Agreement;
(b) supervise the operation and implementation of this Agreement; and
(c) examine any matters arising within the framework of this Agreement;
The Trade Council shall be composed of representatives of the Union with responsibility for trade and investment matters, of the one part, and of representatives of the Ministry of Economy of Mexico, of the other, at ministerial level, or by their designees. It shall be co-chaired by a representative of the Union and a representative of Mexico.
2. The Trade Council may modify, in fulfilment of the objectives of this Agreement:
(a) Annex 2-A (Tariff Elimination Schedule) and Annex 2-E (Relevant measures on Wines Products and Spirits);
(b) Chapter 3 (Rules of Origin and Origin Procedures) including Annexes 3-A to 3-D;
(c) the relevant lists and schedules of Mexico pursuant to paragraph 6 of Article 10.12 (Non‑Conforming Measures and Exceptions) and paragraph 4 of Article 11.8 (Non-Conforming Measures and Exceptions);
(d) Annex 21-A (Covered Procurement of the European Union) and Annex 21-B (Covered Procurement of Mexico);
(e) Annex 25-B (List of Geographical Indications);
(f) Annex 31-A (Rules of Procedure) and Annex 31-B (Code of Conduct for Panellists and mediators);
3. The Trade Council may also, in fulfilment of the objectives of this Agreement:
(a) adopt binding interpretations of the provisions of this Agreement;
(b) take such other decision as provided for in this Agreement; and
(c) take any other action in the exercise of its functions as the Parties may agree.
4. The Trade Council shall establish its own rules of procedure.
5. The decisions and recommendations of the Trade Council shall be adopted by consent between the Parties, following the completion of their respective internal procedures necessary for the adoption. The decisions shall be binding on the Parties, which shall take all necessary measures to implement them. Each Party shall implement, in accordance with its applicable legal procedures, any modification referred to in subparagraph 2(a) within such period as the Parties may agree.
6. The Trade Council shall meet as mutually agreed, on a date and with an agenda agreed in advance by the Parties, in Brussels and Mexico City alternately. Special meetings may be convened, by mutual agreement, on request of a Party. Meetings may also be held by any technological means available to the Parties.
7. The Trade Council shall meet three years after entry into force of this Agreement to discuss:
(a) amendments to Chapter 8;
(b) amendments to the following tariff lines in Annex 2-A-2:
(i) TRQ beef: tariff lines: 0201 20 20, 0201 20 30, 0201 20 50, 0201 20 90, 0201 30 00, 0202 20 10, 0202 20 30, 0202 20 50, 0202 20 90, 0202 30 10, 0202 30 50, 0202 30 90, 0210 20 10 and 0210 20 90,
(ii) TRQ offals of bovine: tariff lines: 0206 10 95, 0206 29 91 and 0210 99 51,
(iii) TRQ poultry: tariff lines: ex 0207 13 10, 0207 13 20, 0207 13 50, 0207 13 60, 0207 13 70, ex 0207 14 10, 0207 14 20, 0207 14 50, 0207 14 60, 0207 14 70, 0207 27 10, 1602 32 11, 1602 32 19, 1602 32 30 and 1602 32 90,
(iv) TRQs ethanol: tariff lines: 2207 10 00, 2207 20 00 and 2208 90 99;
(c) The possibility to review the product specific rules of origin of chapter 28, chapter 38 (tariff sub-heading 3824 90), chapter 85 (tariff heading 8507) and chapter 87 (tariff headings 8701 to 8707) of Section B of Annex 3-A, with a view to potentially aligning the rules applicable to Mexico to those applicable to the EU, taking into account, among others, an assessment of the relevant market for electric vehicles at that time.
ARTICLE 33.2
The Trade Committee
1. A Trade Committee is hereby established. The Trade Committee shall be responsible for the general implementation of this Agreement.
2 The Trade Committee shall be composed of senior level representatives of the Union with responsibility for trade and investment matters, on the one part, and of representatives of the Ministry of Economy of Mexico, on the other, in accordance with the respective requirements of each Party or by their designees. It shall be co-chaired by a representative of the Union and a representative of Mexico.
3. The Trade Committee shall:
(a) assist the Trade Council in the performance of its functions;
(b) be responsible for the proper implementation and application of the provisions of this Agreement and for the evaluation of the results obtained from its application;
(c) without prejudice to Chapter 31 (Dispute Settlement), seek to prevent and solve differences or disputes that may arise regarding the interpretation or application of this Agreement;
(d) supervise the work of the Sub-Committees and other bodies established under this Agreement; and
(e) discuss ways to further enhance trade and investment between the Parties.
4. In the performance of its duties under paragraph 3, the Trade Committee may:
(a) establish additional Sub-Committees and other bodies from those established in this Agreement, composed of representatives of the Parties, and assign them responsibilities within its competence and decide to modify the functions that are assigned to the Sub‑Committees and other bodies it establishes, as well as dissolve them;
(b) recommend the adoption of decisions in compliance with the specific objectives of this Agreement to the Trade Council, including the modifications referred to in subparagraph 2(a) of Article 33.1 (The Trade Council), or adopt such decisions and to exercise the functions of the Trade Council as provided for in this Agreement in the intervals between the meetings of the Trade Council or when the Trade Council cannot meet; and
(c) take any other action in the exercise of its functions as the Parties may agree or as instructed by the Trade Council.
5. The Trade Committee shall establish its own rules of procedure.
6. The decisions and recommendations of the Trade Committee shall be adopted by consent between the Parties in accordance with its rules of procedure, following the completion of their respective internal procedures necessary for the adoption. The decisions shall be binding on the Parties, which shall take all necessary measures to implement them.
7. The Trade Committee shall meet as mutually agreed, on a date and with an agenda agreed in advance by the Parties, in Brussels and Mexico City alternately. Special meetings may be convened, by mutual agreement, on request of a Party. Meetings may also be held by any technological means available to the Parties.
ARTICLE 33.3
Coordinators
1. Each Party shall designate a coordinator for this Agreement and notify the other Party thereof within sixty days after the entry into force of this Agreement.
2. The coordinators shall:
(a) facilitate communications between the Parties on any matter covered by this Agreement, as well as other contact points established thereunder;
(b) jointly prepare agendas and make all other necessary preparations for the meetings of the Trade Council and the Trade Committee in accordance with this Article; and
(c) follow-up on the decisions of the Trade Council and the Trade Committee, as appropriate.
ARTICLE 33.4
Sub-Committees and Other Bodies
1. The Parties hereby establish the following sub-committees and other bodies, which shall be composed of representatives of the Union, of the one part, and of representatives of Mexico, of the other:
(a) Committee on Trade in Goods
(b) Sub-Committee on Agriculture
(c) Sub-Committee on Trade in Wine and Spirits
(d) Sub-Committee on Customs, Trade Facilitation and Rules of Origin
(e) Sub-Committee on Sanitary and Phytosanitary Measures
(f) Joint Working Group on Animal Welfare and Antimicrobial Resistance
(g) Sub-Committee on Technical Barriers to Trade
(h) Sub-Committee on Services and Investment
(i) Sub-Committee on Financial Services
(j) Sub-Committee on Public Procurement
(k) Sub-Committee on Intellectual Property
(l) Sub-Committee on Trade and Sustainable Development
2. The Trade Committee shall adopt rules of procedure which determine the composition, duties and functioning of the sub-committees and other bodies.
3. Except as otherwise provided for in this Agreement or agreed between the Parties, sub‑committees and other bodies shall meet as needed or on request of either Party or of the Trade Committee. Meetings shall take place in person or by any technological means available to the Parties. When in person, meetings shall be held in Brussels and Mexico City alternately.
4. Sub-committees and other bodies shall be co-chaired by a representative of the Union and a representative of Mexico.
5. The sub-committees and other bodies referred to in paragraph 1 shall report on their activities to the Trade Committee and may make appropriate recommendations in the cases provided for under this Agreement. Recommendations shall be made by mutual consent.
6. The establishment of any of the sub-committees or other bodies shall not prevent either Party from bringing any matter directly to the Trade Committee.
ARTICLE 33.5
Domestic Advisory Groups
1. Each Party shall designate one or more Domestic Advisory Group(s) within a year after the entry into force of this Agreement.
2. The Domestic Advisory Group(s) shall advice the Party concerned on matters covered by this Agreement.
3. If more than one Domestic Advisory Group is designated, each Domestic Advisory Group may have different members but shall comprise a balanced representation of independent civil society organisations including non-governmental organisations, business organisations and trade unions active on economic, sustainable development, social, human rights, environmental and other matters.
4. Each Party shall meet with its Domestic Advisory Group(s) at least once a year. Each Party shall consider views or recommendations submitted by its Domestic Advisory Group(s) on matters of relevance to this Agreement.
5. In order to promote public awareness of the Domestic Advisory Group(s), each Party shall publish the list of organisations participating therein as well as a contact point for each Domestic Advisory Group.
6. The Parties shall encourage their respective Domestic Advisory Groups to interact with each other.
ARTICLE 33.6
Civil Society Forum
1. The Parties shall facilitate the organisation of a Civil Society Forum with participants of the Parties to conduct a public dialogue on matters of relevance to this Agreement.
2. The Civil Society Forum shall meet in conjunction with the meeting of the Trade Committee. The Parties may also facilitate participation in the Civil Society Forum by technological means.
3. The Civil Society Forum shall be open for the participation of independent civil society organisations established in the territories of the Parties, including members of each Domestic Advisory Group referred to in Article 33.5 (Domestic Advisory Groups). The Parties shall promote a balanced representation of independent civil society organisations including non-governmental organisations, business organisations and trade unions active on economic, sustainable development, social, human rights, environmental and other matters.
4. The representatives of the Parties participating in the Trade Committee may, as appropriate, take part in a session of the meeting of the Civil Society Forum in order to present information on matters pertaining to the functioning of this Agreement and to engage in a dialogue with the Civil Society Forum.
5. That session shall be chaired by the co-chairs of the Trade Committee or their representatives, as appropriate. Each Party shall publish the formal statements that it delivered at the Civil Society Forum.
SECTION B
Final Provisions
ARTICLE 33.7
Territorial Application
1. Unless otherwise specified, this Agreement shall apply with respect to the European Union, to the territories to which the TEU and the TFEU apply and under the conditions laid down in those Treaties. The provisions concerning the tariff treatment of goods, rules of origin and origin procedures, also apply to the customs territory of the European Union not covered by the first sentence. The term "territory" in Chapter 4 (Customs and Trade Facilitation) and Articles 2.7 (Goods re-entered after Repair or Alteration), 2.13 (Temporary Admission of Goods) and 25.66 (Border Enforcement Measures Related to Intellectual Property Rights) of this Agreement shall be understood, in relation to the Union, to refer to the customs territory of the European Union. The customs territory of the European Union is the territory referred to in Article 4 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code 92 .
2. Unless otherwise specified, this Agreement shall apply with respect to Mexico, to the land territory, air space, internal waters, territorial sea and any areas beyond the territorial seas of Mexico within which Mexico may exercise sovereign rights and jurisdiction, as determined by its domestic law, consistent with the UN Convention on the Law of the Sea, done at Montego Bay on 10 December 1982.
ARTICLE 33.8
Amendments
1. This Agreement may be amended by written agreement between the Parties. Any amendment shall enter into force on the date agreed by the Parties and upon completion of their respective legal requirements and procedures.
2. Notwithstanding paragraph 1, this Agreement may be amended in the cases specified in this Agreement by a decision of the Trade Council, or the Trade Committee, to modify provisions of or annexes to this Agreement.
ARTICLE 33.9
Entry into Force
1. This Agreement shall be signed and approved by the Parties in accordance with their respective internal procedures.
2. This Agreement shall enter into force on the first day of the second month following the date on which the Parties have notified each other of the completion of the internal procedures for that purpose.
3. Notifications made in accordance with this Article shall be sent, for the European Union, to the General Secretariat of the Council of the European Union and, for Mexico, to the Mexican Ministry of Foreign Affairs, who shall be the depositories of this Agreement.
ARTICLE 33.10
Relation to Other Agreements
1. Titles III to V of the 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, signed in Brussels on 8 December 1997, shall be repealed and replaced by this Agreement. The Decisions of the Joint Council or the Joint Committee listed in Annex 33 shall be replaced by this Agreement upon its entry into force.
2. References to the aforementioned Decisions in all other agreements between the Parties shall be construed as referring to this Agreement.
3. By way of exception from Article 33.16 (Duration and Termination) and unless otherwise agreed by the Parties, decisions and recommendations adopted by the bodies established under Articles 33.1, 33.2 and 33.4 of this Agreement shall remain in force and continue to produce effects under the Modernised Global Agreement. Upon the entry into force of the Modernised Global Agreement, the decisions and recommendations of the Trade Council shall be considered to be decisions and recommendations of the Joint Council established under Article 1.2 of Part IV of the Modernised Global Agreement and decisions and recommendations of the Trade Committee shall be considered to be decisions and recommendations of the Joint Committee established under Article 1.3 of Part IV of the Modernised Global Agreement.
4. Notwithstanding Article 33.16(1):
(a) temporary measures adopted pursuant to Articles 2.24(7) and 20.4 of this Agreement, which are in place on the date of entry into force of the Modernised Global Agreement, shall remain applicable until their natural expiration;
(b) bilateral safeguard measures adopted pursuant to Section C of Chapter 5 of this Agreement which are in place on the date of entry into force of the Modernised Global agreement, shall remain applicable until their natural expiration;
(c) dispute settlement procedures already initiated pursuant to Article 31.6 of this Agreement shall, as from the date of entry into force of the Modernised Global Agreement, be deemed to be a dispute under the Modernised Global Agreement and shall continue until their completion; and
(d) the binding outcome of any dispute settlement procedure initiated pursuant to Article 31.6 of this Agreement shall remain binding on the Parties after the date of entry into force of the Modernised Global Agreement.
5. Notwithstanding Article 33.16(1), the Parties to this Agreement shall not be able to bring dispute settlement proceedings under the Modernised Global Agreement on matters that have been the subject of a final panel report under Chapter 31 of this Agreement.
6. Notwithstanding Article 33.16(1), transitional periods already completely or partially elapsed under this Agreement shall be taken into account when calculating transitional periods provided for in equivalent provisions under the Modernised Global Agreement. Such transitional periods under the Modernised Global Agreement shall be calculated starting from the date of entry into force of this Agreement.
7. Notwithstanding Article 33.16(1), procedural periods which have already completely or partially elapsed under this Agreement shall be taken into account when calculating procedural periods provided for in equivalent provisions of the Modernised Global Agreement
ARTICLE 33.11
Annexes, Protocols and Joint Declarations
1. The annexes, including their appendices, protocols and notes, and joint declarations to this Agreement shall form an integral part thereof.
2. Each Annex to this Agreement, including its appendices, identified by a code starting with an Arabic number, shall form an integral part of the chapter of this Agreement that is identified with the same Arabic number and in which reference is made to that particular Annex.
3. Annexes I to VII to this Agreement, including their appendices, which are identified by a Roman number, shall form an integral part of Chapters 10 to 19 of this Agreement. Unless otherwise provided, the definitions set out in Chapters 10 to 19 apply equally to those annexes.
ARTICLE 33.12
Accession of New Member States to the European Union
1. The European Union shall promptly inform Mexico of any request by a third country to accede the European Union.
2. The European Union shall notify Mexico of the entry into force of any treaty concerning the accession of a third country to the European Union (hereinafter referred to as the "Accession Treaty").
3. During the negotiations between the European Union and the third country seeking accession, the European Union shall:
(a) provide, on request of Mexico, and to the extent possible, any information regarding any matter covered by this Agreement; and
(b) take into account any concerns expressed by Mexico in relation to the matters covered under this Agreement.
4. The Trade Committee shall:
(a) examine, sufficiently in advance of the date of accession, any effects of such accession on this Agreement; and
(b) before the entry into force of the accession of the third country to the European Union, address the effects of such accession on this Agreement and agree on any necessary amendments, adjustments or transitional measures relating to this Agreement, to allow for its application by the Parties to the extent possible as of the date of accession of the new Member State to the European Union.
5. Decisions of the Trade Committee shall be adopted in accordance with Article 33.2.6 (Trade Committee).
ARTICLE 33.13
Future Accessions to this Agreement
This Agreement is open to accession by any State that is prepared to comply with the obligations set out in this Agreement, subject to such terms and conditions as may be agreed between the State and the Parties, and following approval in accordance with the applicable legal procedures of each Party and the acceding State.