Interregional Framework Cooperation Agreement
between the European Community and its Member States, of one Part,
and the Southern Common Market and its Party States, of the other Part
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 REPUBLIC OF AUSTRIA,
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 Asunción 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:
Hervé 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 SCHÜSSEL,
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 HELLSTRÖM,
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 María Ramírez 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:
Title 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.
Title 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.
Title 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.
6. The Parties shall pay attention to protection of the environment
and the ecological balance in all their cooperation activities.
7. A regard for social development, particularly the promotion of
fundamental social rights, shall motivate the steps taken by the Parties in this field.
Article 11: Cooperation in business
1. The Parties shall promote cooperation in business with the aim of
establishing a climate which favours economic development in their mutual interest.
2. Such cooperation shall focus in particular on:
(a) increasing the flow of trade, investment, industrial cooperation
projects and the transfer of technology;
(b) encouraging modernization and diversification in industry;
(c) identifying barriers to industrial cooperation between the Parties
and eliminating such barriers using measures which promote compliance with competition
rules and foster the tailoring of those rules to the needs of the market, giving due
attention to the involvement and consultation of operators;
(d) stimulating cooperation between the Parties' economic operators,
especially small and medium-sized enterprises;
(e) promoting industrial innovation by developing an integrated and
decentralized view of cooperation between operators in the two regions;
(f) ensuring that action seeking to produce a positive influence on
cooperation between businesses in the two regions remains a coherent whole.
3. Cooperation shall essentially take the following forms:
(a) more organized contact between the Parties' operators and
networks, through conferences, technical seminars, fact-finding missions, attendance at
general and specialist fairs and business meetings;
(b) suitable initiatives to back cooperation between small and
medium-sized enterprises, such as the promotion of joint ventures, the establishment of
information networks, encouraging the opening of trade offices, the transfer of specialist
know-how, subcontracting, applied research, licensing and franchising;
(c) promoting initiatives to increase cooperation between Mercosur
economic operators and European associations, with the aim of establishing dialogue
between networks;
(d) training schemes, encouraging the establishment of networks and
backing for research.
Article 12. Promotion of investment
1. Within the bounds of their spheres of competence, the Parties shall
promote an attractive and stable climate for greater mutually beneficial investment.
2. Such cooperation shall encompass measures including the following:
(a) promoting regular exchanges of information, the identification and
dissemination of information on legislation and investment opportunities;
(b) promoting the development of a legal environment which is
conducive to investment between the Parties, particularly, where applicable, through the
conclusion between interested Community Member States and Mercosur Party States of
bilateral agreements for the promotion and protection of investment and bilateral
agreements to prevent double taxation;
(c) promoting joint ventures, particularly between small and
medium-sized enterprises.
Article 13. Cooperation regarding energy
1. Cooperation between the Parties shall be directed towards
encouraging closer relations between their economies in energy-related industries, taking
into consideration the need to use energy rationally and in a manner which respects the
environment.
2. Cooperation regarding energy shall essentially take the following
forms:
(a) exchanges of information in all appropriate forms, particularly
through joint meetings;
(b) transfers of technology;
(c) encouraging the involvement of the Parties' economic operators in
joint technological development or infrastructure projects;
(d) technical training programmes;
(e) to the extent that their spheres of competence allow, dialogue
regarding energy policy.
3. Where appropriate, the Parties may conclude specific agreements of
common interest.
Article 14. Cooperation regarding transport
1. Cooperation between the Parties regarding transport shall seek to
back the restructuring and modernization of transport systems and find mutually acceptable
solutions for moving people and goods using all modes of transport.
2. Cooperation shall be conducted as a matter of priority by:
(a) exchanges of information on both Parties' transport policies and
on matters of mutual interest;
(b) training programmes for transport system operators.
3. Within the framework of the dialogue on trade and economic matters
referred to in Article 5, and considering the prospect of Interregional Association, both
Parties shall devote attention to all aspects of international transport to ensure that
they do not act as a barrier to the reciprocal expansion of trade.
Article 15. Cooperation in science and technology
1. The Parties shall agree to cooperate in the field of science and
technology with the aim of promoting a lasting working relationship between their
scientific communities and exchanging information and know-how regarding science and
technology between the regions.
2. Cooperation in science and technology between the Parties shall be
conducted as a matter of priority by means of:
(a) joint research projects in fields of common interest;
(b) exchanges of scientists in order to encourage joint research,
prepare projects and provide high-calibre training;
(c) joint scientific conferences to exchange information, promote
interaction and facilitate the selection of subjects for joint research;
(d) the publicizing of results and development of links between the
public and private sectors.
3. Such cooperation shall involve the Parties' centres of higher
education and research and their industries, particularly small and medium-sized
enterprises.
4. The Parties shall agree between them the scope, nature and
priorities of cooperation through a multiannual programme which can be adapted to suit the
circumstances.
Article 16. Cooperation in telecommunications and information
technology
1. The Parties shall agree to establish cooperation regarding
telecommunications and information technology, with the aim of fostering economic and
social development, driving the information society forward and making modernization of
society easier.
2. Cooperation in this field shall seek especially to:
(a) facilitate the establishment of dialogue on the various features
of the information society and promote the exchange of information on standards,
inspection and certification in the field of information technology and
telecommunications;
(b) disseminate new telecommunications and information technology,
particularly in the fields of integrated services digital networks, data transmission and
the establishment of new communications and information-technology services;
(c) stimulate the launching of joint research, industrial and
technological development projects in the field of new communications technologies,
telematics and the information society.
Article 17. Cooperation regarding environmental protection
1. With the aim of achieving sustainable development, the Parties
shall encourage awareness of the issues of environmental protection and the rational use
of natural resources in all fields of interregional cooperation.
2. The Parties shall agree to devote special attention to measures
connected with the international dimension of environmental problems.
3. Cooperation could cover the following in particular:
(a) exchanges of information and know-how regarding matters including
regulations and standards;
(b) training and education regarding the environment;
(c) technical assistance, the implementation of joint research
projects and, where appropriate, institutional assistance.
Title IV: Encouraging Integration
Article 18. Objectives and scope
1. Cooperation between the Parties shall seek to further the
objectives of Mercosur's integration process and shall encompass all the areas of this
Agreement.
2. To those ends, cooperation activities shall be considered in the
context of the specific requests of Mercosur.
3. Cooperation should take any form which is considered appropriate,
and particularly:
(a) arrangements for the exchange of information in any suitable
manner, including the establishment of computer networks;
(b) training and institutional backing;
(c) studies and joint projects;
(d) technical assistance.
4. The Parties shall cooperate to ensure maximum efficiency in the use
of their resources for the compilation, analysis, publication and dissemination of
information, without prejudice to any steps which might be necessary to protect the
confidential nature of some of that information. They shall also undertake to protect
personal data in all instances in which there is provision for exchanging information via
computer networks.
Title V: Institutional Cooperation
Article 19. Objectives and scope
1. The Parties shall promote closer cooperation between their
respective institutions and shall particularly encourage regular contact between them.
2. Such cooperation shall have as wide a basis as possible and shall
focus on:
(a) any means of fostering regular exchanges of information, including
the joint development of computer networks for communication;
(b) the transfer of know-how;
(c) advice and information.
Title VI: Others Areas of Cooperation
Article 20. Cooperation regarding training and education
1. Within the bounds of their spheres of competence, the Parties shall
endeavour to find ways to improve education and training relating to regional integration,
whether in the form of training for young people and vocational training or in the form of
cooperation between universities or businesses.
2. The Parties shall pay particular attention to action which would
promote the establishment of links between their specialist entities and encourage the use
of technical resources and exchanges of know-how.
3. The Parties shall encourage the conclusion of agreements between
training centres and the holding of meetings between bodies responsible for education and
training in the field of regional integration.
Article 21: Cooperation regarding information, communication and
culture
1. Within the bounds of their spheres of competence, and with the aim
of broadening knowledge of their political, economic and social realities, the Parties
shall agree to strengthen the cultural links between them and encourage the dissemination
of information on the nature, objectives and scope of their processes of integration to
promote understanding of them within their societies.
The Parties shall also agree to expand exchanges of information between them on matters
of mutual interest.
2. Such cooperation should seek to promote contact between the
Parties' information and communications media in forms including technical assistance.
It could include the organization of cultural activities if their regional significance
justifies such action.
Article 22. Cooperation in combating drug trafficking
1. In accordance with their spheres of competence, the Parties shall
promote the coordination and intensification of their efforts to combat drug trafficking
and its many ramifications, including financial ramifications.
2. Such cooperation shall include the promotion of consultation and
greater coordination between the Parties at regional level and, where appropriate, between
the relevant regional institutions.
Article 23. Future developments
1. The Parties may by mutual consent expand this Agreement with a view
to enhancing the levels of cooperation and supplementing them, within the bounds of their
respective laws, by means of agreements on specific sectors or activities.
2. With regard to the implementation of this Agreement, either of the
Parties may put forward suggestions for widening the scope of cooperation, taking into
account the experience gained in applying this Agreement.
Title VII: Resources for Cooperation
Article 24
1. In order to facilitate the achievement of the aims set out in this
Agreement, the Parties shall make available, within the limits of their abilities and
through their own channels, the appropriate resources, including financial resources.
2. Depending on the results obtained, the Parties shall call on the
European Investment Bank to step up its activities within Mercosur in accordance with its
own procedures and financing criteria.
3. The provisions of this Agreement shall not affect bilateral
cooperation resulting from existing cooperation agreements.
Title VIII: Institutional Framework
Article 25
1. A Cooperation Council is hereby established, with responsibility
for the implementation of this Agreement; the Cooperation Council shall meet at
ministerial level periodically and whenever circumstances require.
2. The Cooperation Council shall discuss important matters arising in
connection with the Agreement and any other bilateral or international issues of common
interest, with the aim of fulfilling the Agreement's objectives.
3. The Cooperation Council may also make appropriate proposals, with
the agreement of the Parties. In carrying out its duties, the Cooperation Council shall
undertake in particular to make recommendations which contribute to the ultimate objective
of Interregional Association.
Article 26
1. The Cooperation Council shall be composed, on the one hand, of
members of the Council of the European Union and members of the European Commission and,
on the other hand, of members of the Mercosur Common Market Council and members of the
Mercosur Common Market Group.
2. The Cooperation Council shall adopt its own rules of procedure.
3. The Cooperation Council shall be chaired in turn by a
representative of the Community and a representative of Mercosur.
Article 27
1. The Cooperation Council shall be assisted in the performance of its
duties by a Joint Cooperation Committee which shall be composed of members of the Council
of the European Union and of members of the European Commission, on the one hand, and
representatives of Mercosur, on the other.
2. The Joint Committee shall generally meet once a year, on a date and
with an agenda agreed in advance, alternately in Brussels and in one of the Mercosur Party
States. Extraordinary meetings may be convened by mutual agreement, at the request of
either Party. The office of chairman of the Joint Committee shall be held alternately by a
representative of each of the Parties
3. The Cooperation Council shall set out the operating procedures of
the Joint Committee in its own rules of procedure.
4. The Cooperation Council may delegate all or part of its powers to
the Joint Committee; the latter shall provide continuity between meetings of the
Cooperation Council.
5. The Joint Committee shall assist the Cooperation Council in the
performance of its duties. In fulfilling its functions, the Joint Committee shall in
particular:
(a) stimulate trade relations in accordance with the objectives of
this Agreement and in compliance with provisions of Title II;
(b) exchange views on any matter of common interest which relates to
trade liberalization and cooperation, including future programmes of cooperation and the
resources available for their implementation;
(c) make proposals to the Cooperation Council, with the aim of
stimulating preparations for the liberalization of trade and of intensifying cooperation,
while taking due account of the need for coordination between the activities proposed; and
(d) in more general terms, make proposals to the Cooperation Council
which contribute to achieving the ultimate aim of EU-Mercosur Interregional Association.
Article 28
The Cooperation Council may decide to set up any other body to assist it in the
performance of its duties; it shall determine that body's composition, objectives and
operating procedures.
Article 29
1. In accordance with the procedures laid down in Article 5 of this
Agreement, the Parties shall establish a Joint Subcommittee on Trade, which shall ensure
that the
trade-related objectives of this Agreement are fulfilled and shall conduct preparatory
work for the subsequent liberalization of trade.
2. The Joint Subcommittee on Trade shall be composed of members of the
Council of the European Union and of members of the European Commission, on the one hand,
and representatives of Mercosur, on the other.
It may commission any studies or technical analyses which it deems necessary.
3. The Joint Subcommittee on Trade shall report once a year to the
Joint Cooperation Committee established under Article 27 of the Agreement on the progress
of its work, and shall make proposals regarding the subsequent liberalization of trade.
4. The Joint Subcommittee on Trade shall submit its rules of procedure
to the Joint Committee for approval.
Article 30. Consultation
Within the bounds of their spheres of competence, the Parties shall undertake to hold
consultations on any issue referred to in this Agreement.
The procedure for the consultations referred to in the preceding subparagraph shall be
laid down in the rules of procedure of the Joint Committee.
Title IX: Final Provisions
Article 31. Other agreements
Without prejudice to the provisions of the Treaties establishing the European Community
and Mercosur, neither this Agreement nor any action taken under it shall in any way affect
the powers of the Member States of the European Community or the Mercosur Party States to
undertake bilateral activities within their spheres of competence or where appropriate to
conclude new agreements.
Article 32. Definition of the Parties
For the purposes of this Agreement, the term "the Parties" shall mean, on the
one hand, the Community or its Member States or the Community and its Member States, in
accordance with their respective spheres of competence, as deriving from the Treaty
establishing the European Community and, on the other hand, Mercosur or its Party States,
in accordance with the Treaty establishing the Southern Common Market.
Article 33. Territorial application
This Agreement shall apply, on the one hand, to the territories in which the Treaty
establishing the European Community is applied and under the conditions laid down in that
Treaty and, on the other hand, to the territories in which the Treaty establishing the
Southern Common Market is applied and under the conditions laid down in that Treaty and
its additional protocols.
Article 34. Duration and entry into force
1. This Agreement shall be valid indefinitely.
2. The Parties shall determine the suitability, timing and conditions
of the start of negotiations for Interregional Association in accordance with their own
procedures and in the light of the work carried out and the proposals made within the
institutional framework of this Agreement.
3. This Agreement shall enter into force on the first day of the month
following that in which the Parties notify each other of the completion of the procedures
necessary for this purpose.
4. Notification shall be sent to the Council of the European Union and
the Mercosur Common Market Group.
5. The Secretary-General of the Council shall be the depositary of
this Agreement for the Community and the Government of the Republic of Paraguay shall be
the depositary for Mercosur.
Article 35. Fulfilment of obligations
1. The Parties shall adopt any general or specific measure required
for them to fulfil their obligations under this Agreement and shall ensure that they
attain the objectives laid down in that Agreement.
If either Party considers that the other Party has failed to fulfil an obligation under
this Agreement, it may take appropriate measures. Before doing so, except in cases of
special urgency, it shall supply the Joint Committee with all relevant information
required for a thorough examination of the situation with a view to seeking a solution
acceptable to the Parties.
In the selection of measures, priority must be given to those which least disturb the
functioning of this Agreement. These measures shall be notified immediately to the Joint
Committee and shall be the subject of consultations within that Committee if the other
Party so requests.
2. The Parties agree that the term "cases of special
urgency" in paragraph 1 of this Article shall mean a case of material breach of the
Agreement by one of the Parties. A material breach of the Agreement shall consist in:
(a) repudiation of the Agreement not sanctioned by the general rules
of international law, or
(b) violation of the essential elements of the Agreement, as referred
to in Article 1.
3. The Parties agree that the "appropriate measures"
referred to in this Article are measures taken in accordance with international law. If a
Party takes a measure in a case of special urgency as provided for under this Article, the
other Party may ask that an urgent meeting be called to bring both Parties together within
fifteen days.
Article 36. Authentic texts
This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish,
French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these
texts being equally authentic.
Article 37. Signature
This Agreement will be open for signature in Madrid between 15 and 31 December 1995.
Joint Declaration on Political Dialogue between the European Union and MERCOSUR
Preamble
The European Union and the Mercosur Party States,
- conscious of their historical, political and economic ties, their common cultural
heritage and the bonds of friendship between their peoples,
- mindful that political and economic freedoms are fundamental to society in the European
Union and the Mercosur countries,
- reaffirming human dignity and the promotion of human rights as cornerstones of a
democratic society, in accordance with the United Nations Charter,
- reaffirming the essential role of the principles and democratic institutions based on
the rule of law, respect for which governs the internal and external policies of the
parties,
- desiring to strengthen international peace and security in accordance with the
principles of the United Nations Charter,
- sharing an interest in regional integration as a means of enabling their citizens to
achieve sustainable and harmonious development predicated upon social progress and
solidarity between their members,
- building upon the preferential relations formalized by the Framework Cooperation
Agreements which the European Community has signed with each of the Mercosur Party States,
- recalling the principles set out in the Solemn Joint Declaration signed by the parties
on 22 December 1994,
have decided to develop relations on a long-term basis.
Objectives
- Mercosur and the European Union solemnly reaffirm their commitment to progressing
towards the establishment of an interregional association and to establishing greater
political dialogue for that purpose.
- Regional integration is one means of achieving sustainable and socially harmonious
development, and a tool for ensuring competitiveness in the world economy.
- This dialogue is also intended to ensure closer consultation on issues affecting both
regions and on multilateral issues, in particular by allowing the positions of the
respective parties to be coordinated in the relevant multilateral organizations.
Mechanisms of the dialogue
- The parties will conduct this political dialogue by means of contacts, information
exchanges and consultation, especially meetings at the appropriate level between the
various Mercosur and European Union bodies as well as by making full use of diplomatic
channels.
- In particular, with the aim of establishing and developing this political dialogue on
bilateral and international issues of mutual interest, the parties agree to hold:
(a) regular meetings, the detailed arrangements for which will be
decided on by the parties, between the Heads of State of the countries of Mercosur and the
highest authorities of the European Union;
(b) an annual meeting of the Ministers for Foreign Affairs of Mercosur
and of the Member States of the European Union, attended by the European Commission. These
meetings will be held at a venue to be determined on each occasion by the parties;
(c) meetings of other Ministers responsible for matters of mutual
interest where such meetings are deemed necessary by the parties in order to strengthen
mutual relations;
(d) periodic meetings of senior officials from both parties.
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