Framework Agreement Between Mercosur and the
Republic of India
The Argentine Republic, the Federative Republic
of Brazil, the Republic of Paraguay, the Original
Republic of Uruguay, Parties to the Mercosur and
the Republic of India.
Desiring to establish clear, predictable and
lasting rules to promote the development of reciprocal
trade and investments;
Rearffirming their commitment to further strengthen
the rules of international trade in accordance
with the rules of the World Trade Organisation;
Recognising that the free trade agreements contribute
to the expansion of world trade to greater international
stability and in particular to development of
closer relations among their peoples;
Considering that the process of economic integration
includes not only gradual and reciprocal trade
liberalization but also the establishment of greater
economic co-operation.
AGREE:
ARTICLE-1
For the purposes of this Agreement, the Contracting
Parties are Mercosur and the Republic of India.
The Signatory Parties are the Governments of the
Argentine Republic, the Federative republic of
Brazil, the Republic of Paraguay, the Oriental
Republic of Uruguay and the Republic of India.
ARTICLE-2
The aim Framework Agreement is to strengthen
relations between the Contracting Parties, to
promote the expansion of the trade and to provide
the conditions and mechanisms to negotiate a Free
Trade Area in conformity with the rules and disciplines
of the World Trade Organisation.
ARTICLE-3
As a first step toward the objective referred
to in Article 2, the Contracting Parties agree
to conclude by August 31st 2003, a limited scope
Fixed Preference Agreement, aimed at increasing
bilateral trade flows through the granting of
effective access to their respective markets by
means of mutual concessions.
ARTICLE-4
The Contracting Parties agree to create a Negotiating
Committee. Its members shall be for the Mercosur
the Common Market Group, or its representatives,
for India the Secretary of Commerce, or its representatives.
In order to achieve the aim set out in Article
2, the Negotiating Committee shall establish a
schedule of work for the negotiations.The Negotiating
Committee shall meet as often as the Contracting
Parties agree.
ARTICLE-5
The Negotiating Committee shall serve as the
forum to:
a) Exchange information on tariff applied by
each Party; on bilateral trade and trade with
third parties as well as on their repective trade
policies;
b) Exchange information onmarket access, tariff
and non-tariff measures; sanitary and phytosanitary
measures, technical standards, rules or origin,
safeguard, anti-dumping and countervailing measures;
special customs regimes and dispute settlement,
aomg other matters;
c) Identify and propose measures to achieve the
objectives set outin Article 3, including those
to trade facilitation;
d) Establish criteria for the negotiation of
a Free Trade Area between Mercosur and India;
e) Negotiate an Agreement for the establishment
of a Free Trade Area between Mercosur and India
on the basis of the agreed criteria.
f) Carryout other tasks as determined by the
Contracting Parties.
ARTICLE-6
In order to broaden reciprocal knowledge about
trade and investment opportunities on both Parties,
the Contracting Parties shall stimulate trade
promotion activities such as seminars, trade missions,
fairs, sumposia and exhibitions.
ARTICLE-7
The Contracting Parties shall promote the development
of joint activities aimed at the implementation
of co-operation projects in the agricultural and
industrial areas among other by means of information
exchange, training programme and technical missions.
ARTICLE-8
The Contracting Parties shall promote the expansion
and diversification of trade in services between
them in manner to be determinied by the Negotiating
Committee and in accordance with the General Agreement
on Trade in Service (GATS).
ARTICLE-9
The COntracting Parties agree to co-operate in
promoting closer relationships among their relevant
organisations in the areas of plant and animal
health, standardisation, food safety, mutual recognition
of sanitary and phytosanitary measures including
through equivalence agreements in accordance with
relevant international criteria.
ARTICLE-10
1. This Agreement shall enter into force thirty
days after the Contracting Parties have notified
formally in writing and through diplomatic channels,
the completion of the internal procedures necessary
to that effect.
2. The Agreement shall remain in force for a
period of 3 years and thereafter shall be deemed
to have been automatically extended unless one
of the Contracting Parties decides by written
notification and through diplomatic channels,
not to renew it.
This decision has to be taken thirty days before
the expiration of three years period. The denunciation
will enter into force six months after its notification
date.
3. For the purpose of Article 10.1 the Government
of the Republic of Paraguay shall be the depositary
of this Agreement for Mercosur.
4. In fullfiment of the depositary functions
assigned in the Article 10.3 the Government of
the Republic of Paraguay shall notify the other
Member States of Mercosur, the date on which this
agreement shall enter in force.
ARTICLE-11
This Agreement may be amended by mutual consent
between the Contracting Parties by an exchange
of notes through diplomatic channels.
Done in the city of.................on the...................day
of......................two thousand and three
in two copies in the Spanish, Portuguese, English
and Hindi languages, all texts being equally authentic.
For the Government of the Argentine Republic
For the Government of the Federative Republic
of Brazil
For the Government of the Republic of Paraguay
For the Government of the Oriental Republic of
Uruguay
For the Government of the Republic of India
