FRAMEWORK AGREEMENT

for trade and economic cooperation between the European Economic Community and the Argentine Republic

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter called ‘the Community’, of the one part,

THE GOVERNMENT OF THE ARGENTINE REPUBLIC,

hereinafter called ‘Argentina’, of the other part,

CONSIDERING the importance of the traditional links of friendship between Argentina and the Member States of the Community;

CONSIDERING that the Community and Argentina wish to establish a direct link in order to maintain, complement and extend the existing relations between Argentina and the Community;

CONSIDERING that Argentina, following recent internal political developments, wishes to stabilize and strengthen democracy and promote economic and social progress;

RECOGNIZING that to this end Argentina is making considerable efforts to restructure its economy;

CONSIDERING that Argentina is engaged in a process of regional integration with Latin American countries which is bound to be conducive to progress, economic reform and political stability;

CONSCIOUS that there are serious regional imbalances in Argentina, that the most depressed regions are, in the main, border areas and that this situation complicates the process of integration with neighbouring countries referred to above;

NOTING that Argentina enjoys normal economic and trade relations with all the Member States of the Community;

DESIROUS of creating favourable conditions for the harmonious development and diversification of trade and the promotion of trade and economic cooperation on a basis of equality, non-discrimination, mutual advantage and reciprocity;

BELIEVING that a new impetus should be given to trade and economic relations between the Community and Argentina by strengthening the cooperation aspects thereof;

RECOGNIZING that the Community and Argentina wish to establish contractual links aimed at fostering trade and economic cooperation capable of further development at a later stage and taking account of the opportunities opened up by the completion of the single market in the 1990s;

CONVINCED that such cooperation must be implemented in an evolving and pragmatic fashion, in a spirit of good will, as their respective policies develop,

THE EUROPEAN ECONOMIC COMMUNITY:

Mr Gerard COLLINS

Minister for Foreign Affairs of Ireland,

President-in-Office of the Council of the European Communities,

Mr Abel MATUTES

Member of the Commission of the European Communities;

THE GOVERNMENT OF THE ARGENTINE REPUBLIC:

Mr Domingo Felipe CAVALLO

Minister of Foreign Relations and Worship;

HAVE AGREED AS FOLLOWS:

Article 1

Democratic basis for cooperation

1. Cooperation ties between the Community and Argentina and this Agreement in its entirety are based on respect for the democratic principles and human rights which inspire the domestic and external policies of the Community and Argentina.

2. The strengthening of democracy and regional integration are the basic principles of this Agreement and are a concern shared by both Parties. Implementation of this Agreement shall be ensured by encouraging economic and social development by means of trade, economic, agricultural, industrial and technological cooperation.

Article 2

Most-favoured-nation treatment

1. The Contracting Parties shall grant each other most-favoured-nation treatment in their trade in accordance with the provisions of the General Agreement on Tariffs and Trade.

2. The Contracting Parties undertake to consider granting, each in accordance with its legislation, relief from duties, taxes and other charges in respect of goods temporarily remaining in their territories for re-export either in the unaltered state or after inward processing.

Article 3

Trade cooperation

1. The Contracting Parties undertake to promote the development and diversification of their trade to the highest possible level consistent with their respective economic situations.

2. To this end, the Contracting Parties agree to study ways and means of eliminating barriers to trade between them, in particular non-tariff and quasi-tariff barriers, taking into account the work carried out by international organizations in this field.

3. The Contracting Parties shall take steps, each in accordance with its legislation and according to its relative level of development, to conduct a policy aimed at:

(a) granting each other the most extensive facilities for commercial transactions in which either Party has an interest;

(b) cooperating at bilateral and multilateral levels in solving trade problems of common interest, including problems relating to commodities, agricultural products, and semi-manufactured or manufactured products;

(c) taking into account their respective needs and interests regarding both access to and subsequent processing of resources and market access for the Contracting Parties' products;

(d) bringing together economic operators from the two regions with the aim of diversifying and expanding existing trade flows;

(e) studying and recommending trade promotion measures likely to encourage the expansion of imports and exports.

Article 4

Economic cooperation

1. The Contracting Parties, taking into account their mutual interest and long-term economic objectives, shall foster economic cooperation in all fields deemed suitable by them, with no field excluded from the outset and bearing in mind their different levels of development.

The objectives of such cooperation shall be in particular:

— to encourage the development and prosperity of their respective industries,

— to open up new sources of supply and new markets,

— to encourage scientific and technological progress in all areas in which cooperation is possible, expanding programmes existing at the date of this Agreement and extending cooperation to other sectors,

— to encourage cooperation between economic operators, with the aim of promoting the creation of joint ventures and other forms of industrial cooperation which might develop their respective industries,

— generally to contribute to the development of their respective economies and standard of living,

— to support the process of integration in which Argentina is engaged with Latin American countries, taking account of the problems raised by depressed border areas which make integration with adjacent countries difficult.

2. As means to such ends, the Contracting Parties shall endeavour

inter alia

to facilitate and promote by appropriate means:

(a) cooperation for the development of industry, agro-industry, agriculture, mining, fisheries, infrastructure, transport and communications, telecommunications, health, education and training, tourism and other services;

(b) broad and harmonious cooperation between their respective industries, particularly in the form of joint ventures in all productive sectors;

(c) greater participation by each side's economic operators in the development of the various sectors of the Contracting Parties' industries on mutually advantageous terms;

(d) scientific and technological cooperation:

In this field, the Community shall encourage high-level scientific research with Argentina by setting up an appropriate scientific framework for cooperation between the Parties.

It shall promote exchanges of scientists and encourage the establishment of lasting and stable links between the two Parties;

(e) promotion of the transfer of technology to sectors identified by mutual agreement, while cooperating with good will on all aspects of industrial, commercial and intellectual property rights, each in accordance with its legislation;

(f) vocational and administrative training;

(g) cooperation in the field of energy;

(h) cooperation in creating favourable conditions for the expansion of investment on a basis of advantage for both parties;

(i) cooperation in the protection of the environment and natural resources;

(j) cooperation in respect of third countries;

(k) cooperation in regional integration, based on the transfer of experience;

(l) cooperation in all aspects of industrial standardization.

3. The Contracting Parties shall encourage in appropriate ways the regular exchange of information relating to trade and economic cooperation.

4. The Contracting Parties shall take the appropriate steps, according to their means and through their own channels, including those relating to financial resources, to facilitate the attainment of the economic cooperation objectives referred to in paragraph 1.

Article 5

Agricultural cooperation

1. Argentina and the Community shall establish cooperation in agriculture. To this end they shall examine in a spirit of cooperation and good will:

(a) the opportunities for increasing their trade in agricultural products;

(b) health, plant health and environmental measures and their effects, to prevent them hindering trade, while taking into account the two Parties' legislation in this field.

2. The Community shall contribute to Argentina's efforts to diversify its exports of agricultural products.

Article 6

Industrial cooperation

The Contracting Parties agree to cooperate in particular to encourage joint ventures, especially those contributing to diversification of Argentine exports and the assimilation of technology, using to this end:

(a) Argentina's laws and initiatives on foreign investment and industrial development;

(b) the opportunities offered by the Community for cooperation between its economic operators and those of the countries of Latin America.

Article 7

Joint Cooperation Committee

1. A Joint Cooperation Committee shall be established, consisting of representatives of the Community and of Argentina. It shall meet once a year, alternately in Brussels and Buenos Aires, on a date fixed by mutual agreement. Extraordinary meetings may be convened by mutual agreement.

The Joint Committee shall see to the proper functioning of this Agreement and shall examine all questions which may arise in implementing it.

2. In particular, the Joint Committee may make recommendations which would contribute to the attainment of the objectives of this Agreement, taking into account the social and economic policies of the Contracting Parties.

It shall analyse trade between the Parties with particular reference to its overall composition, rate of growth, structure and diversification, and to the trade balance and the various forms of trade promotion.

It shall facilitate contacts and exchanges of information to optimize the functioning of this Agreement.

It shall put forward proposals on issues of mutual interest relating to economic cooperation in general and industrial cooperation in particular, and shall examine appropriate measures to develop and diversify them.

3. The Joint Committee may set up specialized subcommittees to assist it in the performance of its duties.

Article 8

Other agreements

1. Without prejudice to the relevant provisions of the Treaty establishing the European Economic Community, neither this Agreement nor any action taken under it shall in any way affect the powers of the Member States of the Community to undertake bilateral activities with Argentina in the field of economic cooperation or, where appropriate, to conclude new economic cooperation agreements with Argentina.

2. Subject to the provisions of paragraph 1 concerning economic cooperation, the provisions of this Agreement shall replace the provisions of agreements concluded between the Member States of the Community and Argentina where such provisions are either incompatible with or identical to the provisions of this Agreement.

Article 9

Territorial application

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other, to the territory of the Argentine Republic.

Article 10

Future developments

1. The Contracting Parties may by mutual consent expand this Agreement in order to enhance the level of cooperation and add to it by means of agreements on specific sectors or activities.

2. Within the framework of this Agreement, either of the Contracting Parties may put forward suggestions for widening the scope of their cooperation, taking into account the experience gained in its application and the progress of the regional integration process in which Argentina is engaged.

Article 11

Duration

1. This Agreement shall enter into force on the first day of the month following that during which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose.

2. This Agreement is concluded for a period of five years. It shall be tacitly renewed on a yearly basis unless one of the Contracting Parties denounces it six months before the date of expiry.

Article 12

The Exchange of Letters annexed hereto shall form an integral part of this Agreement.

Article 13

Authentic texts

This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each text being equally authentic.

En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Acuerdo.

Til bekræftigelse heraf har undertegnede befuldmægtigede underskrevet denne aftale.

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Abkommen gesetzt.

Εις πίστωση των ανωτέρω, οι υπογεγραμμένοι πληρεξούσιοι έθεσαν τις υπογραφές τους στην παρούσα συμφωνία.

In witness whereof the undersigned Plenipotentiaries have signed this Agreement.

En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent accord.

In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente accordo.

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Overeenkomst hebben gesteld.

Em fé do que, os plenipotenciários abaixo assinados apuseram as suas assinaturas no final do presente Acordo.

Hecho en Luxemburgo, el dos de abril de mil novecientos noventa.

Udfærdiget i Luxembourg, den anden april nitten hundrede og halvfems.

Geschehen zu Luxemburg am zweiten April neunzehnhundertneunzig.

Έγινε στο Λουξεμβούργο, στις δύο Απριλίου χίλια εννιακόσια ενενήντα.

Done at Luxembourg on the second day of April in the year one thousand nine hundred and ninety.

Fait à Luxembourg, le deux avril mil neuf cent quatre-vingt-dix.

Fatto a Lussemburgo, addì due aprile millenovecentonovanta.

Gedaan te Luxemburg, de tweede april negentienhonderd negentig.

Feito no Luxemburgo, em dois de Abril de mil novecentos e noventa.

Por el Consejo de las Comunidades Europeas

For Rådet for De Europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

Για το Συμβούλιο των Ευρωπαϊκών Κοινοτήτων

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad van de Europese Gemeenschappen

Pelo Conselho das Comunidades Europeias

[Bild bitte in Originalquelle ansehen]

Por el Gobierno de la República Argentina

For regeringen for Den Argentinske Republik

Für die Regierung der Argentinischen Republik

Για την κυβέρνηση της Δημοκρατίας της Αργεντινής

For the Government of the Argentine Republic

Pour le gouvernement de la République argentine

Per il governo della Repubblica argentina

Voor de Regering van de Republiek Argentinië

Pelo Governo da República Argentina

[Bild bitte in Originalquelle ansehen]

ANNEX

EXCHANGE OF LETTERS

Sir,

We should be obliged if you would confirm that your Government is in agreement with the following:

With regard to the barriers to trade which may arise for the European Economic Community and its Member States or the Argentine Republic as a result of the operation of shipping, it. has been agreed that mutually satisfactory solutions on shipping should be sought with a view to promoting trade development.

To this end, it has likewise been agreed that the issue should be discussed at meetings of the Joint Committee.

Please accept, Sir, the assurance of our highest consideration.

On behalf of the Council of the European Communities

Sirs,

I have the honour to confirm that my Government is in agreement with the following:

‘With regard to the barriers to trade which may arise for the European Economic Community and its Member States or the Argentine Republic as a result of the operation of shipping, it has been agreed that mutually satisfactory solutions on shipping should be sought with a view to promoting trade development.

To this end, it has likewise been agreed that the issue should be discussed at meeting of the Joint Committee.’

Please accept, Sirs, the assurance of my highest consideration.

For the Government of the Argentine Republic