Trade relations with third countries
IN EXTENDED MEETING OF THE ANDEAN COUNCIL OF MINISTERS OF
FOREIGN AFFAIRS WITH THE ANDEAN COMMUNITY COMMISSION,
HAVING REVIEWED: Articles 1,
51, 52 and
86 of the
Cartagena Agreement coded through Decision 563 and
Decision 322 of the Andean
Community Commission; and
The trade negotiations that the Member Countries are
presently conducting with third countries offer opportunities and challenges for
the Andean integration;
It is necessary to safeguard in such negotiations the values,
principles and advantages of Andean integration respecting the objectives,
mechanisms and institutions established in the Cartagena Agreement;
Article 86 of the Cartagena Agreement establishes that the
"Member Countries undertake not to alter unilaterally the Common External
Tariff; and to hold the necessary consultations within the Commission before
entering into tariff commitments with countries other than the subregion
countries. With a prior proposal of the General Secretariat and through a
Decision, the Commission will give its opinion on such consultations and fix the
terms that the tariff commitments should observe";
If a community negotiation is not possible, bilateral
negotiations can be conducted; and
It is necessary to unify in a single Decision the rules
governing the trade relations with third countries;
Article 1.- The Member Countries can conduct
preferentially community or joint negotiations, and exceptionally individual
negotiations for trade agreements with third countries.
Article 2.- If it is not possible to conduct community
negotiations for whatsoever reasons, the Member Countries can negotiate
bilaterally with third countries. In such event, the participating Member
a) Preserve the Andean legal system in the relations
between the Andean Community Member Countries.
b) Take into account the commercial sensitivities of the
other Andean countries in the trade liberalization offers.
c) Maintain within a transparency and solidarity framework
an adequate exchange of information and consultations during the course of the
Article 3.- The Member Country that decides to commence
trade negotiations within the framework of this Decision, or has commenced them
at the time it enters into effect, should notify the Andean Community Commission
without delay and keep it permanently informed on the evolution and progress of
Article 4.- Prior to signing the Agreement, the
Commission should be notified of the results of the negotiations, which should
not be objected if the consultations provided for in Article 86 of the Cartagena
Agreement and Article 2 of this Decision have been made.
Article 5.- Upon concluding the negotiations, the
principle of the Most Favored Nation should be applied as provided for in the
Andean legal system.
Article 6.- The purpose of the trade negotiations
authorized through this Decision can be the establishment of free trade areas
and may refer to topics other than the liberalization in the trade of goods.
Article 7.- Decision 322 of the Andean Community
Commission is hereby revoked.
Given in the city of Quito, Republic of Ecuador, on July 12, 2004.