Article 40-.
The administration and evaluation of this Agreement shall be in charge of an Administrative Commission integrated by the MERCOSUR Common Market Group, for one Contracting Party and by the Representatives of the Member Countries of the Andean Community before the Commission, signatories of this Agreement, for the other Contracting Party.
The Administrative Commission shall be constituted within sixty (60) days from the date of entry into force of this Agreement and at its first meeting it shall establish its internal rules of procedure.
The delegations of both Contracting Parties shall be chaired by the representative designated by each of them. The Administrative Commission shall meet in ordinary sessions at least once a year, at a place and date to be determined by mutual agreement and, in extraordinary sessions, when the Contracting Parties, after consultation, so agree.
The Administrative Commission shall adopt its decisions by agreement of the Signatory Parties. For the purposes of this Article, it shall be understood that the Administrative Commission has adopted a decision by consensus on a matter submitted for its consideration, if none of the Signatory Parties formally opposes the adoption of the decision, without prejudice to the provisions of the Rules of Procedure of the Administrative Commission. without prejudice to the provisions of the Dispute Settlement Regime.
Article 41-.
The Administrative Commission shall have the following attributions:
(a) To ensure compliance with the provisions of this Agreement and its Additional Protocols and Annexes; (b) To ensure compliance with the provisions of this Agreement and its Additional Protocols and Annexes; and a) To ensure compliance with the provisions of this Agreement and its Additional Protocols and Annexes;
b) To determine in each case the modalities and terms in which the negotiations aimed at achieving the objectives of this Agreement shall be carried out.
(b) To determine in each case the modalities and deadlines for negotiations aimed at achieving the objectives of this Agreement, and may set up working groups for this purpose. b) Determine in each case the modalities and deadlines in which the negotiations aimed at achieving the objectives of this Agreement shall be carried out, and may establish working groups for such purpose
c) To periodically evaluate the progress of the Trade Liberalization Program and the general c) Periodically evaluate the progress of the Trade Liberalization Program and the general operation of this Agreement;
(d) To deepen the Agreement, including by accelerating the Trade Liberalization Program, for any product or group of products that (d) To deepen the Agreement, including by accelerating the Trade Liberalization Program, for any product or group of products as the Signatory Parties may mutually agree to agree;
e) Define the date of entry into force of the updates of NALADISA 96 referred to in the fourth paragraph of Article 3 of this Agreement and seek to resolve possible divergences of interpretation in matters of tariff classification;
f) Contribute to the settlement of disputes in accordance with the provisions of Annex VI and the Additional Protocol approving the Dispute Settlement Regime;
g) To follow up on the application of the trade disciplines agreed upon between the Contracting Parties, such as the rules of origin, safeguards, antidumping and countervailing measures, and practices restricting free competition;
h) Modify the Rules of Origin and establish or modify specific origin requirements;
(i) To establish, where appropriate, procedures for the application of the trade disciplines provided for in this Agreement and to propose to the Contracting Parties possible modifications to such disciplines;
j) To establish appropriate mechanisms for the exchange of information relating to national legislation provided for in Article 16 of this Agreement;
k) To convene the Signatory Parties to comply with the objectives and provisions set forth in Annex VII of this Agreement, on Standards, Technical Regulations and Conformity Assessment and those set forth in Annex VIII on Sanitary and Phytosanitary Measures; k) To convene the Signatory Parties to comply with the objectives and provisions set forth in Annex VIII on Sanitary and Phytosanitary Measures Sanitary and Phytosanitary Measures;
l) Exchange information on the negotiations that the Contracting or Signatory Parties carry out with third countries to formalize agreements not foreseen in the Treaty of Montevideo 1980;
m) To comply with the other tasks entrusted to the Administrative Commission by virtue of the provisions of this Agreement, its Additional Protocols and other Instruments signed within its scope or by the Contracting Parties;
n) Provide in its internal rules of procedure for the establishment of bilateral consultations between the Signatory Parties on the matters n) To provide in its rules of procedure for bilateral consultations between the Signatory Parties on the matters contemplated in this Agreement; and
o) Determine the reference values for the fees of the arbitrators referred to in the Dispute Settlement Dispute Settlement Regime.
Title XXIV. GENERAL PROVISIONS
Article 42-.
As from the date of entry into force of this Agreement, the Signatory Parties decide to terminate the negotiated tariff preferences and the regulatory aspects related thereto, contained in the Partial Scope Agreements of Economic Complementation Nos. 28, 30, 39 and 48, in the Partial Scope Agreements of Renegotiation Nos. 18, 21, 23 and 25 and in the Trade Agreements Nos. 5 and 13, subscribed within the framework of the Treaty of Montevideo 1980. However, the provisions of such agreements that are not incompatible with this Agreement or when they refer to matters not included in this Agreement shall remain in force.
Article 43-.
The Party that enters into an agreement not provided for in the Treaty of Montevideo 1980, shall:
(a) Inform the other Signatory Parties, within fifteen (15) days of the signing of the agreement, accompanying the text of the agreement and its complementary instruments; and.
b) Announce, on the same occasion, the willingness to negotiate, within ninety (90) days, concessions equivalent to those granted and received in a global manner.
Title XXV. CONVERGENCE
Article 44-.
On the occasion of the Evaluation and Convergence Conference referred to in Article 33 of the Treaty of Montevideo 1980, the Contracting Parties shall examine the possibility of proceeding to the progressive convergence of the treatments provided for in this Agreement.
Title XXVI . ACCESSION
Article 45-.
In compliance with the provisions of the Treaty of Montevideo 1980, this Agreement is open to the accession, through prior negotiation, of the other member countries of ALADI. The accession shall be formalized once its terms have been negotiated between the Contracting Parties and the acceding country, through the execution of an Additional Protocol to this Agreement, which shall enter into force thirty (30) days after being deposited with the General Secretariat of ALADI.
Title XXVII. Validity
Article 46-.
This Agreement shall be of indefinite duration and shall enter into force bilaterally between the Signatory Parties that have informed the General Secretariat of ALADI that they have incorporated it into their domestic law, under the terms of their respective legislations. The General Secretariat of ALADI shall inform the respective Signatory Parties of the date of bilateral effectiveness. Without prejudice to the provisions of Article 20, the Signatory Parties may apply this Agreement on a provisional basis until the necessary formalities for the incorporation of the Agreement into their domestic law are completed. The Signatory Parties shall inform the General Secretariat of LAIA of the provisional application of the Agreement, which in turn shall inform the Signatory Parties of the date of bilateral application when appropriate.
Title XXVIII. Report
Article 47-.
The Signatory Party wishing to denounce this Agreement shall communicate its decision to the Administrative Commission sixty (60) days prior to the deposit of the respective instrument of denunciation at the General Secretariat of ALADI. The denunciation shall take effect for the Signatory Parties, once one year has elapsed counted from the deposit of the instrument and from that moment on, the rights acquired and the obligations contracted by virtue of this Agreement shall cease for the denouncing Signatory Party. Notwithstanding the foregoing and before the expiration of six (6) months after the formalization of the denunciation, the Signatory Parties may agree on the rights and obligations that shall continue in force for the term to be agreed upon.
Without prejudice to the foregoing and within six (6) months from the filing of the complaint, the parties may agree on the rights and obligations which shall continue in force on the date to be agreed.
Title XXIX. AMENDMENTS AND ADDITIONS
Article 48-.
Amendments or additions to this Agreement may only be made by consensus of the Signatory Parties. They shall be submitted for approval by decision of the Administrative Commission and formalized by means of a Protocol.
Title XXX. Final Provisions
Article 49-.
The General Secretariat of ALADI shall be the depository of this Agreement, of which it shall send duly authenticated copies to the Signatory Parties.
Article 50-.
The importation by the Federative Republic of Brazil of the products included in this Agreement shall not be subject to the application of the Additional Freight Charge for the Renewal of the Merchant Marine, established by Decree Law No. 2404 of December 23, 1987, as provided by Decree No. 97945 of July 11, 1987. December 23, 1987, in accordance with the provisions of Decree No. 97945 of July 11, 1989, as 1989, as amended and supplemented.
Article 51-.
Imports into Argentina shall not be subject to the application of the Statistical Tax reintroduced by Decree No. 389 dated March 23, 1995, as amended and supplemented.
Article 52-.
- The time periods referred to in this Agreement are understood to be expressed in calendar days and shall be counted as of the day following the act or event to which they refer, without prejudice to the provisions of the corresponding Annexes.
Title XXXI. TRANSITIONAL PROVISIONS
First,
- With a view to facilitating the full implementation of the Additional Protocol referred to in article 20, the signatory parties, within ninety (90) days from the date of entry into force of this Agreement, they shall establish a list of arbitrators, which shall notify all other signatories accompanying the same the detailed curriculum vitae of the designated. the list shall be composed of ten (10) jurists of recognised competence in matters that may be subject to dispute, two (2) who shall not be a national of any of the Parties.
The parties, within fifteen (15) days from the date of the receipt of the communication referred to in paragraph 1 above may request further information on the appointed arbitrators. the information shall be requested
Provided as soon as possible. the list of arbitrators submitted by a contracting party may not be opposed by the other contracting parties.
The period of fifteen (15) days, the list shall be deposited with the General Secretariat of ALADI.
Second,
- The Commission, at its first meeting shall take the measures necessary for the development of the rules of procedure for arbitral tribunals and the Rules of the Additional Protocol referred to in article 20, so that they are agreed upon the date of entry into force of this Convention.
Third,
- The additional protocol referred to in Article 20 shall be submitted for ratification by the signatory parties so require prior to one hundred and eighty (180) days from the date of entry into force of this Agreement.
Fourth,
- With respect to pharmaceutical products, cosmetics, food and other products for human use, the parties undertake to ensure the transparency of its laws and to guarantee the other contracting party to the same treatment to its nationals in connection with their legislation and procedures of technical and scientific evaluation.
The Management Committee at its first meeting, in the presence of relevant technical representatives, will constitute a panel to conduct consultations and develop specific proposals on matters relating to products referred to in the preceding paragraph.
Conclusion
In WITNESS WHEREOF, the respective Plenipotentiaries have signed this Protocol in Montevideo on 18 October two thousand and four in one original in the English and Portuguese languages, both texts being equally valid. FDO (.): by the Government of the Argentine Republic: Mr. Rafael Antonio Bielsa; by the Government of the Federative Republic of Brazil Celso Amorim; by the Government of the Republic of Colombia Carolina Barco Isakson; by the Government of the Republic of Ecuador: Leonardo Carrión Eguiguren; by the Government of the Republic of Paraguay: José MARTÍNEZ LEZCANO; by the Government of the Eastern Republic of Uruguay: Didier Opertti; by the Government of the Bolivarian Republic of Venezuela: Jesús Arnaldo Perez