SICE - Decision Nº 3/2004 - Mexico

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Decision Nº 3/2004 of the EC-Mexico Joint Council
of 29 July 2004

amending Joint Council Decision Nº 2/2000 of 23 March 2000

(2004/640/EC)

THE JOINT COUNCIL,

Having regard to 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(¹ ), (hereinafter the Agreement) signed in Brussels on 8 December 1997 , and in particular Articles 5 and 10 in conjunction with Article 47 thereof,

Whereas:

(1) Following the accession to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (hereinafter the new Member States) as of 1 May 2004 it is necessary to adapt, with effect from the same date, certain provisions of Joint Council Decision Nº 2/2000 of 23 March 2000(² ) concerning trade in goods, certification of origin and government procurement.

(2) It is necessary to adopt transitional provisions with respect to the trade in transit or en route between Mexico and the new Member States or in temporary storage as of the date of the accession,

HAS DECIDED AS FOLLOWS:

Article 1

1. Annex I to Joint Council Decision Nº 2/2000 is hereby amended in accordance with the provisions contained in Annex I to this Decision.

2. The tariff quota for products falling within CN code 08030019 bananas, listed in Annex II to this Decision, will cease to apply when the current WTO quotas are replaced by a tariff-only regime.

3. Parties agree to meet, at the request of any Party, to discuss the situation of bilateral trade in bananas when the current Community import regime is replaced by a tariff-only regime.

4. This Article does not affect the content of the review clause set out in Article 10 of Joint Council Decision Nº 2/2000.

Article 2

1. The provisions of the Agreement shall be applied to goods exported from either Mexico to one of the new Member States or from one of the new Member States to Mexico, which comply with the provisions of Annex III to Joint Council Decision Nº 2/2000 and which on the date of the accession of the new Member States to the European Union were either in transit or en route or were in Mexico or in a new Member State in temporary storage, in a customs warehouse or in a free zone.

2. Preferential treatment shall be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months of the date of accession, of a movement certificate EUR. 1 issued retrospectively by the customs authorities or the competent governmental authorities of the exporting country together with the documents showing that the goods have been transported directly.

Article 3

Articles 17(4) and 18(2) and Appendix IV to Annex III to Joint Council Decision Nº 2/2000 are hereby amended in accordance with the provisions of Annex III to this Decision.

Article 4

1. The entities of the new Member States listed in Annex IV to this Decision are hereby added to the relevant sections of Annex VI, Part B of Joint Council Decision Nº 2/2000.

2. The publications of the new Member States listed in Annex V to this Decision are hereby added to Part B of Annex XIII to Joint Council Decision Nº 2/2000.

Article 5

1. This Decision shall enter into force on the date of its adoption; Article 1(1) and (2) will take effect on 1 May 2004 .

2. Notwithstanding paragraph 1, the Parties agree that, pending the completion of the internal procedures of the European Community with a view to the adoption of this Decision, the United Mexican States shall provisionally apply the provisions of this Decision as of 1 May 2004 and until the Joint Council adopts this Decision.

Done at Brussels, 29 July 2004.

For the Joint Council
L. E. Derbez

ANNEX I

Tariff elimination schedule of the Community