title: RECOMMENDATION FOR A REGULATION (EEC) OF THE COUNCIL on conclusion of an Agreement between the European Economic Community and the United Mexican States (submitted by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 324
Vol. 1975/0115
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(75)324 final
                                                 Brussels , 26 June 1975
                RECOMMENDATION FOR A REGULATION ( EEC ) OP THE COUNCIL
                            on conclusion of an Agreement
                                       between
                           the European Economic Community
                            and the United Mexican States
                    ( submitted by the Commission to the Council )
             /'
 COM(75 ) 32^ final
 ---pagebreak--- 1.            At its session of 3 March 1975 "the Council adopted guide
lines for the negotiations to -be opened with Mexico with a view to con
cluding an agreement .   The negotiations occupied two sessions , held on
29/ 30 April and 9/10 June 1975 -  The French text of the agreement was
finalized at the last negotiation meeting on 10 June 1975 »
2.            This is commercial cooperation agreement broadly in pattern
with agreements of this type previously concluded by the Community with
other developing countries .   The agreement with Mexico is not so described ,
however , since the Mexican delegation preferred the simple term " agreement "
to a description which dit not tally with their initial request for a co
operation agreement of broader scope .
              It should be noted that the Mexican delegation explained ,
in the course of the negotiations , that certificates of origin    were re
quired in Mexico only in cases where preferential advantages were granted ,
in line with Latin America 's progress towards integration . Consequently ,
both delegations agreed that it was not necessary for the agreement to lay
down provisions in this respect .
              Finally , the negotiation directives had entrusted the Commission
with the task of seeking to obtain from Mexico/ commitment on non-discrimina-
tory access to the natural resources of that country and on protection of
Community investments in Mexico .   In neither case was it possible to
 ---pagebreak---                          - 2 -
bring Mexico to agree on texts that would satisfy the Community 's
requests . It was felt by the Commission that the Joint Committee
would provide possibilities for discussing these problems and that
it was preferable not to include in the agreement the meaningless
formulations proposed by the Mexicans .
3.           The negotiations resulted in an agreement between the
EEC and Mexico , with an exchange of letters annexed to it . These
texts are in conformity with the directives adopted by the Council
on 3 March 1975 « The Commission accordingly considers that it has
accomplished the task entrusted to it by the Council and therefore
recommends that the Council set in hand the procedures for signing
and concluding the Agreement with Mexico .
4.           With a view to concluding and implementing the Agreement ,
the Commission addresse s herewith to the Council :
             - a Recommendation for a Regulation on conclusion of the
                Agreement between the EEC and Mexico together with the
                Exchange of Letters .
 ---pagebreak---           RECOMMENDATION FOR REGULATION ( EEC ) OF THE COUNCIL
              on the conclusion of an Agreement between
              the European Economic Community and the
                       United Mexican States
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 and 114 thereof }
Having regard to the Recommendation from the Commission }
Whereas the Agreement negotiated between the European Economic Community
and the United Mexican States should be concluded ;
HAS ADOPTED THIS REGULATION ;
                                Article 1
              The Agreement between the European Economic Community
and the United Mexican States , the text of which is annexed to this
Regulation , is hereby concluded on behalf of the Community .
                                Artide 2
              The President of the Council is hereby authorized to
designate the persons empowered to sign the Agreement and to confer
on them the powers required in order to bind the Community .
                                Artide 3
              The Community shall be represented on the Joint Committee
provided for in Article 6 of the Agreement by the Commission of the Euro
pean Communities , assisted by representatives of the Member States .
                                                                      -/•
 ---pagebreak---                      Article 4
             This Regulation shall enter into force on the third
day following its publication in the Official Journal of the Euro
pean Communities .
             This Regulation shall he binding in its entirety and
directly applicable in all Member States .
Done at Brussels ,                     For the Council ,
                                           The Président ,
 ---pagebreak---              AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND
        THE UNITED MEXICAN STATES
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES
of the one part ,
THE GOVERNMENT OP THE UNITED MEXICAN STATES ,
of the other part ,
HAVING REGARD to the friendly relations and traditional links between
Mexico and the Member States of the European Economic Community and
their common -desire to develop and balance their reciprocal trade and
to extend their trade and economic cooperation ;
INSPIRED by their determination to strengthen , deepen and diversify these
relations for their mutual benefit ;
ADHERING to the spirit of cooperation which inspires them ;
CONVINCED that a trade policy based on cooperation is an ideal instrument
for fostering the development of international economic relations ;
AFFIRMING their common will to contribute to a new phase of international
economic cooperation and to facilitate the development of their respective
human and material resources on the basis of freedom , equality and justice ;
HAVE DECIDED to conclude this agreement and to this end have designated as
their Plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OF THE UNITED MEXICAN STATES :
WHO , having exchanged their Pull Powers , found in good and due form ,
HAVE AGREED AS FOLLOWS :
 ---pagebreak---                            Article 1
           The Contracting Parties are resolved to develop their trade
to their mutual benefit and , to this end , will establish and encourage
trade and economic cooperation in all sectors of interest to them so
as to contribute to their economic and social progress and to the balan
ce of their reciprocal trade at the highest possible level taking into
account Mexico 's special situation as a developing country .
 ---pagebreak---                              Article 2
 1.          The Contracting Parties shall , in their trade relations ,
 grant each other most-favoured-nation treatment in all matters relating
 to :
             - customs duties and charges of all kinds on imports or exports ,
               including the procedures for collecting such duties and charges
             - regulations concerning customs clearance , transit , warehousing
               or transhipment of imported or exported products ;
            - taxes and other internal charges directly or indirectly imposed
               on imported or exported goods or services ;
            - arrangements governing the quantity of imports and exports ;
            - regulations concerning payments in respect of trade in goods
               or services , including the allocation of foreign currency
               and the transfer of such payments ;
            - regulations affecting the sale , purchase , transport , distribu
               tion and use of goods and services on the internal market .
 2.         Paragraph 1 shall not apply to Î
(a) advantages granted by the Contrating Parties to neighbouring countries
    to facilitate frontier-zone traffic ;
(b) advantages granted by the Contracting Parties with the object of es
    tablishing a customs union or a free trade area or as required by such
    a customs union or free trade area ;
                                                         ./•
 ---pagebreak--- ( c ) other advantages which the Contracting Parties grant to particular
      countries in conformity with the General Agreement on Tariffs and
      Trade :
( d) other advantages which Mexico grants to certain countries in accor
      dance with the Protocol on Trade negotiations between developing
      countries in the context of the General Agreement on Tariffs and
      Trade ;
( e ) advantages granted or to be granted by Mexico to any Latin American
      or Caribbean country or group of countries .
 ---pagebreak---                              - 5 -
                           Article 3
           The Contracting Parties undertake to promote the
development and diversification of their reciprocal trade to
the highest possible level .
                                                  1
 ---pagebreak---                                - 6 -
                           Artide 4
           The Contracting Parties will develop their economic
cooperation, where linked with trade , in fields of mutual interest
and in the light of developments in their economic policies .
                     %
 ---pagebreak---                           Artide 5
           With a view to implementing Articles 3 and 4. the Contrac
ting Parties agree to foster contacts and cooperation between their
firms and institutions with a view to undertaking concrete economic
cooperation projects which are likely to contribute to the development
and diversification of their trade .
 ---pagebreak---                             - a-
                          Article 6
1.         A Joint Committee shall be established comprising
representatives of the Community and of Mexico .   It shall hold
one session each year.  Additional sessions may be convened by
mutual agreement .
2.         The Joint Committee shall ensure the proper functioning
of this Agreement and may formulate recommendations to this end.
3.         The Joint Committee shall adopt its own roles of proce
dure and programme of work.                      <
4.         The Joint Committee may set up specialized subcommittees
to assist it in carrying out such tasks as it shall determine .
 ---pagebreak---                             Article 7
             The Joint Committee shall in particular :
( a) examine the difficulties whicl* might hinder the growth and
      diversification of trade between the Contracting Parties }
(b) study and devise ways of overcoming trade barriers , in parti
      cular non-tariff barriers in various sectors of trade , taking
      into account the principles and commitments agreed to by the
      two Contracting Parties within international bodies and the
      relevant work undertaken in this field by the international or
      ganizations concerned with such problems ;
( c ) seek and recommend the implementation of the means necessary
      to foster, between the Contracting Parties , greater trade and
      economic cooperation such as to contribute to the development
      and diversification of their trade ;
(d) study and recommend trade promotion measures likely to encourage
     the development and diversification of imports and exports so as to
     foster balanced trade at the highest possible level ;
(e ) study and recommend ways and means of facilitating contacts for
      cooperation between Community and Mexican firms with the aim of
      adapting existing trade patterns and marketing structures progres
      sively to the attainment of the Contracting Parties * long-term
      economic objectives ;
 ---pagebreak---                             - 10 -
( f) identify, taking into account the specifi interests of Mexico ,
     the various sectors and products likely to contribute to a
     broadening of reciprocal trade flows and recommend measures to
     promote and encourage   "trade which would neable these flows to
     develop in the mutual interest and in accordance with the eco
     nomic policies of the two Parties ;
( g) facilitate exchanges of information and encourage contacts on all
     subjects bearing upon the prospects for cooperation in the economic
     field between the Contracting Parties on a mutually advantageous basis
     and the creation of favourable conditions for such cooperation.
 ---pagebreak---                          Article 8
         This Agreement shall not preclude prohibitions or restrictions
on imports , exports or goods in transit justified on grounds of public
morality, public policy or public security ; national defence or the
maintenance of peace and international security ; the protection of health
and life of humans , animals or plants ; the protection of national trea
sures possessing artistic , historic or archaeological value ; the protec
tion of industrial and commercial property ; or rules relating to gold and
silver or limiting the export , use or consumption of nuclear materials ,
radioactive products or any other material utilized in the development
or use of nuclear energy. Such prohibitions or restrictions shall not ,
however, constitute a means of arbitrary discrimination or a disguised
restriction on trade between the Contracting Parties .
 ---pagebreak---                              - 12 -
                           Article 9
        The provisions of this Agreement shall be substitued for
provisions of agreements conluded between Member States of the
Community and Mexico where the latter provisions are either incom
patible or identical with the former .
 ---pagebreak---                           Article 10
        This Agreement shall apply to the territories where the
Treaty establishing the European Economic Community applies , on the
conditions established in the said Treaty, and to the territory of the
United Mexican States .
 ---pagebreak---                       - 14 -
                    Article 11
The Annex forms an integral part of this Agreement .
 ---pagebreak---                             Article 12
1.        This Agreement shall enter into force on the first day of
the month following the date on which the Contracting Parties notify
each other of the completion of the procedures necessary for this
purpose .
2.        This Agreement is concluded for a period of five years and
shall "be extended from year to year if neither Contracting Party de
nounces it six months "before it expires .
3.        If both Contracting Parties agree , this Agreement may "be
amended to take account of emerging situations in the economic field
and the evolution of economic policies on either side .
 ---pagebreak---                                  - 16 -
                             Article  13
         This Agreement is drawn up in two copies in the Danish , Dutch ,
English , French , German , Italian and Spanish languages , each text "being
authentic .
 ---pagebreak---                                     - 17 -
                                A  N  N  E   X
                        Joint Declaration on Article 6
                             of the Agreement
1 . The representatives of the Contracting Parties in the Joint Committee
    will transmit any agreed recommendations to their respective authorities
    for consideration and appropriate action to be taken as speec&y and effec
    tively as possible . In the event of the representatives of the Contracting
    Parties within the   Joint Committee being unable to evolve a recommenda
    tion on a matter considered by either Contracting Party to be urgent or
    important , they will submit the views of the two sides to their authori
    ties .
2 . The Joint Committee will , when making proposals and recommendations ,
    have due regard to the United Mexican States • development plans and
    policies and to the progress of the Community 's economic , industrial ,
    social , scientific and environmental policies as well as to the level
    of economic development of the Contracting Parties .
3 . The Joint Committee will examine opportunities and make recommendations
    for the efficient utilization of all available instruments , in addition
    to the most -favoured-nation clause and the generalized scheme of prefe
    rences , in order to promote trade in items of interest to the United
    Mexican States .
                                                       * • • /• • •
 ---pagebreak--- The Joint Committee will study opportunities for expanding economic
cooperation as an additional factor furthering development of mutual
trade .
 ---pagebreak---                                  - 19 -
        Declaration by the European Economic Community
                  on generalized preferences
          On 1 July 1971 "the Community autonomously introduced a
Generalized Scheme of Preferences on the "basis of Resolution 21 ( il)
of the Second United Nations Conference on Trade and Development
of 1968 .   The Community is prepared , in the course of its endeavours
to improve this system , to take into account the interest of the United
Mexican States in the inclusion of new products and in the improvement
of terms relating to some of those already included with a view to
broadening and strengthening its trade relations with the Community.
 ---pagebreak---                                 - 20 -
                 Exchange of letters concerning transport
Sir,
        I have the honour to inform you as follows :
        Taking into account the interest shown during the negociation
                                                    tne
of the Agreement between the Community and Mexico/ in transport sector,
particularly sea transport , the Parties agree to examine in the Joint
Committee any problems which may arise in this sector in order to seek
mutually satisfactory solutions .


title: Recommendation for a COUNCIL REGULATION (EEC) on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Portuguese Republic regarding prepared or preserved tomatoes falling within subheading 20.02 C of the Common Customs Tariff (presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 582
Vol. 1981/0177
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(81)582 final
                                            Brussels , 21 October 1981
                                Recommendation for a
                              COUNCIL REGULATION ( EEC )
        on the conclusion of the Agreement in the form of an exchange
           of letters between the European Economic Community and the
              Portuguese Republic regarding prepared or preserved
               tomatoes falling within subheading 20.02 C of the
                               Common Customs Tariff
                                h ••             _i
                                 ,
                   ( presented by the Commission to the Council )
COM ( 81 )  582 final
 ---pagebreak---                     EXPLANATORY" MEMORANDUM
       The purpose of "the exchange of letters annexed, to the
draft Regulation is to confirm , for 1982 , the voluntary restraint
volume agreed with Portugal since several years .
 ---pagebreak---                        I               Recommendation for a
                                    COUNCIL REGULATION ( EEC)
                on the conclusion o f the Agreement in the form of an exchange of letters
                between the European Economic Community and the Portuguese Republic
                regarding prepared or preserved tomatoes falling within subheading 20.02 C of
                                          the Common Customs Tariff
 THE COUNCIL OF THE EUROPEAN                                   Portuguese Republic regarding prepared or preserved
 COMMUNITIES.                                                 tomatoes falling within subheading 20.02 C of the
                                                              Common Customs Tariff is hereby approved on
 Having regard to the Treaty establishing the European        behalf of the Community.
  Economic Community, and in particular Article 113
 thereof.
                                                              The text of the Agreement is annexed to this Regula
  Having regard to the recommendation from the                tion .
 Commission ,             '       ,
                 \
 whereas it is necessary to conclude the Agreement in
 the form of an exchange of letters between ( he Euro                               Anide 2     .   .
 pean Economic Community and the Portuguese Kcpu- .
 bl it regarding prepared or preserved tomatoes falling       The President of (he Council is hereby authorized to
 within subheading 20.02 C of the Common Customs              appoint the person empowered to sign the Agreement
"Tariff,                                                      for the purpose of binding (he Community.
 HAS ADOPTED THIS REGULATION :
                                                                                Article J
                         A nilIt t                       '
                                                              This Regulation shall enter into force on the day
 The Agreement in the form of an exchange of letters          following its publication in the Ofjitiiit Journal uj
 between the curopean Economic Community and thfc             the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               Suit*.                ;               ,                             ,                   ,
               Done at Brussels,.                                           1
                                                                     '   F° r the Council
                            ,                                    '        The President •'
                                                                                0-
 ---pagebreak---                                          AGRLIÎMENT
  in the form of an exchange of letters between the European Economic Commu
  nity And the Portuguese Republic regarding prepared or preserved tomatoes
         falling within subheading 20.02 C of the Common Customs Tariff
                                           Letter No 1
                                                                             Brussels, ......
 Sir,
 1 have ( lie honour to refer lo Article 3 of Protocol 8 to the Agreement between the Euro
 pean Hconomic Community snd ( lie Portuguese Republic signed on 22 July 1972 and to
 the exchange of letters of 5 December 1975.
 1 have the honour to inform you that for 19 82 the Community is ready to renew the
volume agreed for the preceding year. Accordingly, the Portuguese Government under
takes to adopt the necessary measures in order that the quantities of tomatoes that have .
been prepared or preserved otherwise than by vinegar or acetic acid, falling within
subheading 20.02 C of the Common Customs Tariff and supplied to the Community in
 IS 82 do not exceed 90 000 tonnes.
1 should be grateful if you would kindly confirm the agreement of your Government to
the contents of this letter.
Please accept. Sir, the assurance of my highest consideration . ■ "
                                                          On behalf of the Council
                   . ,    .                            of the European Communities
 ---pagebreak---                                         Letter No 2
                                                                             Brussels,
Sir,
I have ( lie honour to acknowledge receipt of your letter of today s date worded as follows :
     'J have the honour Jo refer to Article .1 of Protocol 8 to the Agreement between the
     European Economic Community and the Portuguese Republic signed on 22 July
      1972 and to the exchange of letters of 5 December 1975.
     I have the honour to inform you that for 1982the Community is ready to renew the
     volume agreed for ( he preceding year. Accordingly, the Portuguese Government under
     takes to adopt the necessary measures in order that the quantities of tomatoes that
     have been prepared or preserved otherwise than by vinegar or acetic acid, falling
     within subheading 20.02 C of the Common Customs Tariff and supplied to the
     Community in iv82 do not exceed 90 000 tonnes.
     I should be grateful if you would kindly confirm the agreement of your Government
     to the contents of this letter.'
I have the honour to confirm the agreement of my Government with the contents of that
letter.
Please accept. Sir, the assurance of my highest consideration.
                                                            For the Government
                                                        of the Portuguese Republic
                              I