(e) promoting the participation of both Parties in pilot projects and in special programmes according to their specific terms;
(f) the interconnection and interoperability of telematic networks and services;
(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 data bases 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, agro-industrial and rural sectors.
2. To this end they shall examine, inter alia, the following:
(a) measures to harmonise 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;
(d) developing measures to promote investment in this field.
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 technological 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:
(a) support the restructuring and modernisation of transport systems;
(b) promote operating standards.
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 modernisation 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 liberalisation of international maritime transport services shall be negotiated, in accordance with the terms of Article 6 of this Agreement.
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 maximising 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 hotel management and administration.
Article 26. Cooperation on Statistics
The Parties agree to promote the harmonisation of statistical 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 modernisation.
Article 28. Cooperation on Combating Drug Trafficking, Moneylaundering 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.
2. Relying on the competent bodies in this field, such cooperation shall 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 produce 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 appropriate 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 1988 United Nations Vienna Convention.
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 educational institutions, research centres and productive sectors, in particular small and mediumsized enterprises.
5. Cooperation between the Parties may result in a sectoral agreement on research and technological development, 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 have acquired in these areas.
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.
Article 32. 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 33. 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 under 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 sectorial agreement in the field of environment and natural resources if deemed appropriate.
Article 35. Cooperation on Fisheries
In view of the socio-economic importance of their respective fisheries sectors, the Parties undertake to develop closer cooperation in this field in particular through the conclusion of a sectorial fisheries agreement, in accordance with their respective legislation, if deemed appropriate.
Article 36. Cooperation on Social Affairs and Poverty
1. The Parties shall conduct a dialogue on all aspects of the social agenda of interest to one or other Party.
This should include topics related to vulnerable groups and regions such as: indigenous population, the rural poor, women on low incomes and other population groups living in poverty.
2. The Parties recognise the importance of harmonising 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 growth.
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 channelled towards promoting intra-regional trade in Central America and the Caribbean; stimulating regional cooperation on the environment and on technological and scientific research; promoting the development of the communications infrastructure needed for the economic development of the region and supporting initiatives to improve the standard of living of those living in poverty.
3. Special attention shall be given to developing the role of women, particularly in the production process.
4. The Parties shall study appropriate means for the promotion and monitoring of joint cooperation with other countries.
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.
2. Cooperation shall focus mainly on:
(a) the development 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 principles.
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 observance of human rights.
Article 40. 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.
2. Cooperation shall focus mainly on the:
(a) exchange of information and experts and encouraging cooperation between consumer bodies of both Parties;
(b) organisation of training schemes and provision of technical assistance.
Article 41. Cooperation on Data Protection
1. With regard to Article 51, 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. Health
1. The objectives of health cooperation shall be to strengthen activities in the fields of research, pharmacology, preventive medicine and contagious diseases such as AIDS.
2. Cooperation shall take place mainly through:
(a) projects on epidemiology, decentralisation 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 areas.
Article 43. Future Developments Clause
1. The Parties may by mutual consent expand this Title with a view to enhancing the levels of cooperation and supplementing them by means of agreements on specific sectors or activities.
2. With regard to the implementation of this Title, the Parties may put forward suggestions for widening the scope of mutual cooperation, taking into account the experience gained in its application.
Article 44. Resources for Cooperation
1. The Parties shall make available the appropriate resources, including financial means, insofar 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.
Part 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.
2. Members of the Joint Council may arrange to be represented, in accordance with the conditions 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 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.
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 taken shall be binding on the parties which shall take the measures necessary to implement them. The Joint Council may also make appropriate recommendations.
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, 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 decide on the establishment of a specific trade or trade related dispute settlement procedure compatible with the relevant WTO provisions in this field.
Part 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 the standards adopted by the relevant international organisations 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.
Article 52. 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 research, development or production necessary to guarantee its defence, 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 jeopardise public order, of war or serious international tensions that might erupt into armed conflict or to fulfil obligations 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.
Article 54.
1. Should Most Favoured Nation treatment be granted in accordance with the provisions of this Agreement, or any arrangements adopted under this Agreement, it shall not apply to tax advantages which the Member States or Mexico are providing or may provide in the future on the basis of agreements to avoid double taxation or other tax arrangements, or domestic fiscal legislation.
2. Nothing in this Agreement, or in any arrangements adopted under 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 under this Agreement, shall be construed to prevent Member States or Mexico from distinguishing, 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.