Title
POLITICAL, ECONOMIC AND COOPERATION STRATEGIC PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART, AND THE UNITED MEXICAN STATES, OF THE OTHER PART
Preamble
PREAMBLE
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the "Member States",
THE EUROPEAN UNION, hereinafter referred to as "the Union" or "the EU",
of the one part, and
the United Mexican States, hereinafter referred to as "Mexico",
of the other part,
hereinafter jointly referred to as "the Parties",
CONSIDERING the strong cultural, political and economic ties which unite them;
REAFFIRMING their commitment to democratic principles, the rule of law, human rights and fundamental freedoms, and to countering proliferation of weapons of mass destruction, which constitute the basis for their partnership and cooperation;
MINDFUL of the significant contribution to strengthen those ties made by 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;
CONSIDERING their joint commitment expressed in the Santiago Declaration of 27 January 2013 to modernise and replace the existing Economic Partnership, Political Coordination and Cooperation Agreement to reflect new political and economic realities and the advancements made in their strategic partnership;
CONSIDERING that the Interim Agreement on Trade between the European Union and the United Mexican States (hereinafter “EU-Mexico Interim Agreement on Trade”), establishing a free trade area between the EU and Mexico, was signed on [X];
EMPHASISING the comprehensive nature of their relationship and the importance of providing a coherent framework for its further promotion;
AFFIRMING their status as strategic partners and their determination to further enhance and deepen their partnership and their international cooperation and dialogue in order to advance their shared interests and values;
AFFIRMING their commitment to strengthen cooperation on bilateral, regional, bi-regional, and international issues of common concern;
ACKNOWLEDGING the importance of a strong and effective multilateral system, based upon international law, in preserving peace, preventing conflicts and strengthening international security and in tackling common challenges;
REAFFIRMING their commitment to expand and diversify their trade relation in conformity with the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the "WTO Agreement") and the specific objectives and provisions set out in Part III of this Agreement;
CONVINCED that this Agreement will create a climate conducive to growing sustainable economic relations between them, in particular in terms of trade and investment, which are essential to the realisation of economic and social development and technological innovation and modernisation;
RECOGNISING that the provisions of this Agreement protect investments and investors, and are intended to stimulate mutually-beneficial business activity without undermining the right of the Parties to regulate in the public interest within their territories;
WELCOMING the adoption of the Resolution 70/1 adopted by the General Assembly of the United Nations on 25 September 2015 containing the outcome document "Transforming our world: the 2030 Agenda for Sustainable Development" (hereinafter referred to as the "2030 Agenda"), the Paris Agreement under the United Nations Framework Convention on Climate Change, done at Paris on 12 December 2015 (hereinafter referred to as the "Paris Agreement"), as well as the Sendai Framework for Disaster Risk Reduction 2015-2030, adopted at the Third UN World Conference in Sendai on 18 March 2015, the Addis Ababa Action Agenda of the Third International Conference on Financing for Development, adopted at Addis Ababa on 13-16 July 2015, the World Humanitarian Summit Commitments, adopted at the World Humanitarian Summit in Istanbul on 23-24 May 2016, and the New Urban Agenda, adopted during the UN Conference on Housing and Sustainable Urban Development (Habitat III) in Quito on 20 October 2016 (hereinafter referred to as the "New Urban Agenda"), and calling for their swift implementation;
REAFFIRMING their commitment to overcome global challenges by promoting sustainable development in its economic, social and environmental dimensions, by contributing to the achievement of the Sustainable Development Goals (hereinafter referred to as the "SDGs") and targets of the 2030 Agenda;
AFFIRMING their commitment to strengthen cooperation in the field of justice, human rights, freedom and security;
RECOGNISING the mutual benefits of enhanced cooperation in the areas of education, culture, research and innovation and other areas of common interest;
REAFFIRMING their commitment to promote international trade in such a way as to contribute to sustainable development in its economic, social and environment dimensions, through partnerships involving all relevant stakeholders, including civil society and the private sector, and to implement this Agreement in a manner consistent with their respective laws and international labour and environmental commitments;
RECOGNISING the importance of strengthening their economic, trade and investment relations, and of promoting the liberalisation of trade and investment between them, to bring economic growth, create new opportunities for workers and the business communities of each Party, in particular small and medium-sized enterprises;
RECOGNISING that this Agreement contributes to enhancing consumer welfare and to ensuring a high level of living standards and consumer protection;
ENCOURAGING enterprises operating within their territory or subject to their jurisdiction to respect internationally recognised guidelines and principles of corporate social responsibility, including the OECD Guidelines for Multinational Enterprises, and to pursue best practices of responsible business conduct;
RECOGNISING that the provisions of this Agreement preserve the right of the Parties to regulate within their territories in conformity with their internal legislation and the Parties' flexibility to achieve legitimate policy objectives, such as public health, safety, environment, public morals and the promotion and protection of cultural diversity, among others;
RECOGNISING the importance of transparency, good governance and the rule of law in international trade and investment to the benefit of all stakeholders;
RESOLVED to contribute to the harmonious development and expansion of international trade and investment by removing obstacles thereto through this Agreement and to avoid creating new barriers to trade or investment between the Parties that could reduce the benefits of this Agreement;
NOTING that in case the Parties decide, within the framework of this Agreement, to enter into specific agreements in the area of freedom, security and justice which may be concluded by the Union pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union ("TFEU"), the provisions of such future specific agreements would not bind Ireland unless the Union, simultaneously with Ireland as regards their respective previous bilateral relations, notifies Mexico that Ireland has/have become bound by such future specific agreements as part of the Union in accordance with Protocol No 21 on the position of Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union ("TEU") and to the TFEU. Likewise, any subsequent internal measures of the Union which may be adopted pursuant to Title V of Part Three TFEU to implement this Agreement would not bind the Ireland, unless they have notified their wish to take part in such measures or accept them in accordance with Protocol No 21. Also noting that, such future specific agreements or subsequent internal measures of the Union would fall within Protocol No 22 on the position of Denmark annexed to the TEU and TFEU,
HAVE AGREED AS FOLLOWS:
Body
Part I. GENERAL PROVISIONS (1)
ARTICLE 1
Objectives of the Agreement
The objectives of this Agreement shall be to:
(a) establish a strengthened strategic partnership, reinforce political dialogue, and deepen and enhance cooperation on issues of mutual interest;
(b) foster increased trade and investment between the Parties by expanding and diversifying their economic and trade relations, which should contribute to higher and more sustainable economic growth and an improved quality of life.
ARTICLE 2
General Principles
1. Respect for democratic principles and human rights and fundamental freedoms, as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments to which they are party, and for the principle of the rule of law, underpins the internal and international policies of both Parties and constitutes an essential element of this Agreement.
2. The Parties confirm their strong support for the principles of the Charter of the United Nations (hereinafter referred to as the "UN").
3. The Parties share the view that the proliferation of weapons of mass destruction and their means of delivery to both state and non-state actors pose a major threat to international stability and security.
4. The Parties recognise that the uncontrolled movement of conventional arms is a threat to international and regional peace, security and stability and also recognise the need to cooperate to ensure the responsible transfer of conventional arms.
5. The Parties reaffirm their commitment to the promotion of sustainable development in all its dimensions, contributing to the attainment of internationally agreed sustainable development goals, and to cooperation in order to address global environmental challenges.
6. The Parties confirm their commitment to gender equality and the empowerment of women and girls.
7. The Parties reaffirm their commitment to combatting discrimination on any ground, including gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
8. The Parties confirm their commitment to implement this Agreement based on shared values including the principles of dialogue, mutual respect, equal partnership, multilateralism, cooperation and respect for international law.
Part II. POLITICAL DIALOGUE AND COOPERATION (2)
Chapter 1. POLITICAL DIALOGUE, INTERNATIONAL PEACE AND SECURITY
ARTICLE 1.1
Political Dialogue
1. The Parties shall strengthen their political dialogue and cooperation at all levels, through exchanges and consultations on bilateral, regional, bi-regional, international and multilateral issues.
2. The political dialogue shall aim to:
(a) promote the development of bilateral relations and strengthen the strategic partnership;
(b) strengthen cooperation on regional, bi-regional, and international challenges and issues.
3. The political dialogue between the Parties may take place in the following forms, as mutually agreed:
(a) consultations, meetings and visits at summit level;
(b) consultations, meetings and visits at ministerial level;
(c) regular senior officials meetings, including a High Level Political Dialogue;
(d) sectorial dialogues on issues of common interest;
(e) exchanges of delegations and other contacts between the Congress of Mexico and the European Parliament;
(f) any other form agreed to by the Parties.
ARTICLE 1.2
Democratic Principles, Human Rights and the Rule of Law
1. The Parties shall cooperate on the promotion and protection of human rights, including with regard to the ratification and implementation of international human rights instruments, and on the strengthening of democratic principles and the rule of law, promoting gender equality and combatting discrimination in all its forms.
2. Such cooperation may include:
(a) fostering a meaningful, broad-based human rights dialogue;
(b) supporting the development and implementation of action plans on human rights;
(c) promoting human rights, including through education and cooperation;
(d) strengthening national and regional human rights-related institutions;
(e) enhancing cooperation with the UN Human Rights Treaty Bodies and the Special Procedures of the Human Rights Council to implement their recommendations;
(f) enhancing cooperation within the human rights-related institutions of the UN and relevant regional and multilateral fora;
(g) strengthening their capacity to apply democratic principles and practices;
(h) reinforcing good, independent and transparent governance at the local, national, regional and global levels, promoting accountability and transparency of institutions and supporting participation of citizens and the involvement of civil society;
(i) collaborating and coordinating, where appropriate, including in third countries, to reinforce democratic principles, human rights and the rule of law;
(j) fostering the universality of international human rights treaties and encouraging other States to implement their obligations in this area;
(k) working to prevent impunity for human rights violations.
ARTICLE 1.3
Gender Equality and Women's Empowerment, Peace,Security and Sustainable Development
1. The Parties shall promote gender equality and the empowerment of women. They acknowledge the necessity of gender equality and the empowerment of women and girls as a precondition to fully achieving sustainable and inclusive development, democracy and security. The Parties shall explore further schemes of cooperation and potential synergies between respective policies and initiatives, in line with international standards and commitments such as the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the UN General Assembly on 18 December 1979 (CEDAW), the general recommendations made by the UN Committee on the Elimination of Discrimination against Women, the 2030 Agenda and UN Security Council Resolution 1325 (2000) and subsequent UN Security Council Resolutions on Women, Peace and Security.
2. Such cooperation may include:
(a) fostering effective gender mainstreaming;
(b) supporting the development and implementation of a national action plan on UN Security Council Resolution 1325 (2000);
(c) promoting women's political participation and leadership, as well as their access to quality education, their economic empowerment and leadership, and their increased participation in the workforce;
(d) strengthening national and regional institutions through specific measures to address and handle issues related to violence against women and girls, including prevention and protection from sexual and gender-based violence, investigation and accountability mechanisms, support to victims and promotion of conditions of safety and security for women and girls;
(e) actively reinforcing the protection of women human rights, including from any type of discrimination and violence against them and ensuring their access to justice;
(f) enhancing cooperation with relevant bodies of the UN and other international organisations;
(g) actively promoting gender analysis and the systematic integration of gender perspective in all matters related to peace and security while ensuring women's leadership and meaningful participation in peace processes, mediation efforts, conflict resolution and peace building as well as civilian and military missions and operations.
ARTICLE 1.4
Countering Proliferation of Weapons of Mass Destruction
1. The Parties consider that the proliferation of weapons of mass destruction and their means of delivery, both to state and non-state actors, represents one of the most serious threats to international stability and security. The Parties shall therefore cooperate and contribute to countering the proliferation of weapons of mass destruction and their means of delivery through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant international obligations. The Parties agree that this provision constitutes an essential element of this Agreement.
2. The Parties shall cooperate and contribute to countering the proliferation of weapons of mass destruction and their means of delivery by:
(a) taking steps to sign, ratify, or accede to, as appropriate, and fully implement relevant international instruments;
(b) establishing and maintaining an effective system of national export controls, controlling the export as well as the transit of WMD related goods, including a WMD end-use control on dual use technologies and effective sanctions for breaches of export controls.
3. The Parties shall establish a regular political dialogue to accompany and consolidate these elements.
ARTICLE 1.5
Small Arms and Light Weapons and other Conventional Weapons
1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons (SALW), including their ammunition, parts and components, and their illicit accumulation, poor management, inadequately secured stockpiles and uncontrolled spread continue to pose a serious threat to peace and international security.
2. The Parties shall observe and fully implement their respective obligations to deal with the illicit trade in SALW, including their ammunition, parts and components, under existing international agreements and UN Security Council resolutions, as well as their commitments within the framework of other international instruments applicable in this area, such as the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects.
3. The Parties recognise the importance of domestic control systems for the transfer of conventional arms in line with existing international standards. The Parties recognise the importance of applying such controls in a responsible manner, as a contribution to international and regional peace, security and stability, and to the reduction of human suffering, as well as to the prevention of diversion of conventional weapons.
4. The Parties shall fully implement the Arms Trade Treaty, adopted in New York on 2 April 2013 (hereinafter referred to as the "ATT"), and cooperate with each other within the framework of the ATT, including in promoting the universalisation of the ATT to all UN Member States and full implementation by all State Parties.
5. The Parties shall cooperate and ensure coordination, complementarity and synergy in their efforts to regulate or improve the regulation of international trade in conventional arms and to prevent, combat and eradicate the illicit trade in conventional arms, including their ammunition, parts and components.
6. The Parties shall establish a regular political dialogue to accompany and consolidate the matters covered by this Article.
ARTICLE 1.6
International Criminal Court
1. The Parties recognise that the most serious crimes of concern to the international community must not go unpunished and they shall endeavour to ensure that those crimes are effectively investigated and prosecuted by taking measures at the national level and by enhancing international cooperation, including with the International Criminal Court (hereinafter referred to as the "ICC").
2. The Parties shall promote the universal ratification or accession to the Rome Statute of the International Criminal Court (hereinafter referred to as "the Rome Statute"), and shall work towards its effective domestic implementation by States Parties to the ICC. The Parties shall exchange, as appropriate, best practices on the adoption of domestic laws and take measures to safeguard the integrity of the Rome Statute.
ARTICLE 1.7
Counter-Terrorism
The Parties reaffirm the importance of the fight against terrorism and, in accordance with international conventions, the relevant UN resolutions and their respective laws and regulations, shall cooperate, as mutually agreed, in the prevention and suppression of acts of terrorism. They shall do so in particular:
(a) in the framework of full and effective implementation of UN Security Council Resolution 1373 (2001) and other relevant UN resolutions and international instruments;
(b) by promoting cooperation among UN Member States to effectively implement the UN Global Counter-Terrorism Strategy adopted by the UN General Assembly on 8 September 2006;
(c) by exchanging information on terrorist groups and their support networks in accordance with international and domestic law; and
(d) by exchanging experiences on the means and methods used to prevent and counter terrorism, including technical knowledge and training and by exchanging best practices in terrorism prevention.
ARTICLE 1.8
Peacekeeping and Crisis Management
The Parties shall cooperate in promoting peace and international security. They shall explore possibilities to coordinate crisis management activities, including cooperation in crisis management operations.
ARTICLE 1.9