The EU-Mexico Free Trade Agreement

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Overview

The EU-Mexico Free Trade Agreement is the first volume in a series of monographs encompassing text and analysis of all multilateral and bilateral free trade agreements. All this adds up to the kind of information business and economic analysts need in order to make sound decisions both in the long and short terms. For example, The EU-Mexico Free Trade Agreement, containing the most detailed and practical comparison of NAFTA and the EU-Mexico Agreement available anywhere, offers a wealth of material and insight with which to build realistic answers to such critical questions as:
•How is Mexico’s preferential access to the EU markets for agricultural exports affected by US trade in produce, livestock and meat?

• Has the EU-Mexico Agreement hurt the “big three” US auto manufacturers?

• Has the mandated cooperation between Mexican and European standards-related agencies given rise to standards that conflict with NAFTA?

Published under the Transnational Publishers imprint.

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Editorial Reviews

Booknews
The Agreement has received little attention in the US, say US and Canadian lawyers Holbein and Ranieri, but it allows Europeans preferential access to one of the three partners in the North American Free Trade Agreement, and that lack of information about it could place many US businesses at a competitive disadvantage as they assess the opportunities and challenges of the new Agreement. They summarize briefly the depth and breath of the obligations and commitments contained in the Agreement for a range of goods and services. The text they provide is not the officially sanctioned one, but they say it is drawn from official sources and so reliable. They do not provide an index. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

Meet the Author

James R. Holbein is an attorney with Stewart and Stewart specializing in international trade policy, trade regulation, customs, and alternative dispute resolution. He teaches at the Washington College of Law American University and the Georgetown University Law Center.

Nick Ranieri is an attorney admitted to practice in the province of Ontario and the state of New York. He has written and advised on issues dealing with legal commercial matters in Mexico. He is affiliated with the Monterrey office of the consulting firm Juristas Asesores, S.C.

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Table of Contents

Introduction xvii
Helpful References xxv
Part I Economic Partnership, Political Coordination and Cooperation Agreement
The Mexican-European Community and Member States Economic Partnership, Political Coordination and Cooperation Agreement 3
A. Mexico and Its Network of International Trade Agreements 3
B. A Free Trade Agreement with the European Community: A Common Misunderstanding 6
C. Importance of Executing a Treaty with the European Community and the Member States 8
D. Brief Historical Overview of the Mexican European Community and Member States Relationship 9
E. General Overview of the Mexico-EC and Member States Agreement 13
F. The EU-Mexico Free Trade Agreement Market Access Commitments 17
G. Expected Impact of the Free Trade Agreement 22
H. Conclusion 23
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 25
Title I Nature and Scope 26
Title II Political Dialogue 26
Title III Trade 27
Title IV Capital Movements and Payments 28
Title V Public Procurement, Competition, Intellectual Property, and Other Trade-Related Provisions 28
Title VI Cooperation 30
Title VII Institutional Framework 38
Title VIII Final Provisions 39
Annex Protection of Personal Data (Referred to in Article 51 of the Joint Council Decision) 43
Part II EU-Mexico Free Trade Agreement--Trade in Goods
Introduction to Trade in Goods 47
Market Access Commitments 47
Dispute Resolution Comittments Under the EU-Mexico FTA 51
Conclusion 51
Basic Analysis of an Industrial Goods Transaction Under the EU-Mexico FTA 52
Joint Council Decision No. 1 Covering Trade in Goods, Procurement, Cooperation for Competition, Consultation on Intellectual Property, and Dispute Settlement 55
Title I General Provisions 55
Title II Free Movement of Goods 56
Chapter I Elimination of Customs Duties 56
Chapter II Non-Tariff Measures 64
Title III Government Procurement 71
Title IV Competition 78
Title V Consultation Mechanism for Intellectual Property Matters 79
Chapter I Scope and Coverage
Chapter II Consultation 79
Chapter III Arbitration Procedure 79
Title VII Specific Duties of the Joint Committee with Respect to Trade and Other Related Matters 82
Title VIII Final Provisions 83
Tariff Elimination Schedules
Annex I Tariff Elimination Schedule of the Community (Referred to in Article 3 of the Joint Council Decision) 87
Section A Tariff-Quota Concessions for Products Under Category"6" in Accordance with Article 8 of the Decision 87
Section B Tariff-Quota Concessions for Products Under Category"7" in Accordance with Article 8 of the Decision 90
Section C Notes 91
Annex II Tariff Elimination Schedule of Mexico (Referred to in Article 3 of the Joint Council Decision 93
Section A Tariff-Quota Concessions for Products Under Category"6" in Accordance with Article 8 of the Decision 93
Section B Tariff-Quota Concessions for Products Under Category"7" in Accordance with Article 8 of the Decision 93
Section C Automotive Tariff Quota 93
Section D Notes 95
Rules of Origin
Annex III Concerning the Definition of the Concept of Originating Products and Methods of Administrative Co-operation (Referred to in Article 3 of the Joint Council Decision) 99
Title I General Provisions 99
Title II Definition of the Concept "Originating Products" 100
Title III Territorial Requirements 104
Title IV Drawback or Exemption 105
Title V Proof of Origin 106
Title VI Arrangements for Administrative Cooperation 111
Title VII Ceuta and Melilla 113
Title VIII Final Provisions 114
Appendix I Introductory Notes to the List in Appendix II and II(A) 115
Appendix II List of Working or Processing Required To Be Carried Out on Non-Originating Material in Order that the Product Manufactured Can Obtain Originating Status 123
Appendix II(a) List of Working or Processing Required To Be Carried Out on Non-Originating Material in Order that the Product Manufactured Can Obtain Originating Status 257
Appendix III Movement Certificate EUR.1 and Application for a Movement Certificate EUR.1 265
Appendix IV Invoice Declaration 271
Appendix V Period of Time to Supply Information for Issuing a Movement Certificate EUR.1 Retrospectively and for Drawing Up an Invoice Declaration (Referred to in Article 17(3) and 20(6) of Annex III) 273
Joint Declarations Regarding Annex III 275
Joint Declaration I Concerning Full Cumulation Under Article 2 of Annex III 275
Joint Declaration II Relating to Article 2 of Annex III 275
Joint Declaration III Relating to Article 6 of Annex III 275
Joint Declaration IV Regarding Appendix I of Annex III 275
Joint Declaration V Regarding Notes 2 and 3 of Appendix II(A) to Annex III for Heading No. EX 2914 and EX 2915 276
Joint Declaration VI Regarding Note 4 of Appendix II(A) to Annex III for Heading No. 4104 276
Joint Declaration VII Regarding Specific Textile Products of Appendix II to Annex III 276
Joint Declaration VIII Regarding Note 8 of Appendix II(A) of Annex III for Heading No. 6301 to 6304 276
Joint Declaration IX Regarding Note 9 of Appendix II(a) to Annex III 276
Joint Declaration X Regarding Appendix II and Appendix II(a) to Annex III 276
Joint Declaration XI Regarding Note 12.1 of Appendix II(a) to Annex III for Headings EX 8701, 8702 and 8704 276
Quantitative Restrictions
Annex IV Mexico's Reservations on Quantitative Restrictions (Referred to in Article 12 of the Joint Council Decision) 281
Annex V Mexico's Reservations as to National Treatment (Referred to in Article 13 of the Joint Council Decision 283
Procurement
Annex VI Covered Entities Under Title III (Referred to in Article 25 of the Joint Council Decision) 287
Part A Covered Entities of Mexico 287
Part B Covered Entities of the Community 291
Annex VII Covered Goods (Referred to in Article 25 of the Joint Council Decision) 351
Part A List of Goods Covered by Mexico 351
Part B List of Goods Covered by the Community 353
Annex VIII Covered Services (Referred to in Article 25 of the Joint Council Decision) 359
Part A List of Services Covered by Mexico 359
Part B List of Services Covered by the Community 361
Annex IX Covered Construction Services (Referred to in Article 25 of the Joint Council Decision) 363
Part A List of Construction Services Covered by Mexico 363
Part B List of Construction Services Covered by the Community 365
Annex X Thresholds (Referred to in Article 25 of the Joint Council Decision) 369
Part A Thresholds Applicable to Mexico 369
Part B Thresholds Applicable to the Community 369
Part C General Notes 369
Annex XI General Notes (Referred to in Article 25 of the Joint Council Decision) 371
Part A General Notes and Derogations Governing Mexico's Offer Set Out in Annex VI Through X 371
Part B General Notes and Derogations Governing the Community's Offer Set Out in Annex VI Through X 374
Annex XII Procurement Procedures and Other Provisions (Referred to in Article 29 of the Joint Council Decision) 377
Part A NAFTA Provisions Applicable to Mexico 377
Part B GPA Provisions Applicable to the Community 377
Annex XIII Publications (Referred to in Article 31 of the Joint Council Decision) 379
Annex XIV Format for Information to Be Exchanged in Accordance with Article 38(2) (Referred to in Article 38 of the Joint Council Decision) 381
Competition
Annex XV Application of Competition Laws (Referred to in Article 39 of the Joint Council Decision) 389
Chapter I General Provisions 389
Chapter II Co-operation and Co-ordination 390
Dispute Settlement
Annex XVI Model Rules of Procedure (Referred to in Article 47 of the Joint Council Decision) 397
Appendix I Code of Conduct 403
Joint Declarations Regarding the Joint Council Decision 407
Joint Declaration XII Concerning Articles 8 and 9 of the Decision 407
Joint Declaration XIII Concerning Articles 15 of the Decision 407
Joint Declaration XIV Concerning Alternative Dispute Resolution 407
Joint Declaration XV by the Community and Mexico 407
Joint Statement on Trade in Wine 409
Part III EU-Mexico Free Trade Agreement--Trade in Services
Introduction to Trade in Services 413
Services Commitments Under the EU-Mexico FTA 413
Financial Services 415
Investment Commitments Under the EU-Mexico FTA 415
Intellectual Property Commitments 416
Public Procurement Commitments Under the EU-Mexico FTA 416
Competition Commitments Under the EU-Mexico FTA 417
Conclusions 417
Seven Points to Understanding the Services Chapter of the EU-Mexico FTA 418
Joint Council Decision No. 1 Covering Trade in Services, Investments and Related Payments, Protection of Intellectual Property Rights, and Dispute Settlement 421
Decision No. 2/2001 of the EU-Mexico Joint Council of 27 February 2001 Implementing Articles 6,9, 12(2)(b) and 50 of the Economic Partnership, Political Coordination and Cooperation Agreement 421
Title I General Provisions 422
Title II Trade in Services 422
Chapter I General Provisions 422
Chapter III Maritime Transportation 425
Chapter III Financial Services 426
Chapter IV General Exceptions 432
Title III Investment and Related Payments 433
Title IV Intellectual Property 434
Title V Dispute Settlement 435
Chapter I Scope and Coverage 435
Chapter II Consultation 435
Chapter III Arbitration Procedure 436
Title VI Specific Duties of the Joint Committee With Respect to Trade and Other Trade Related Matters 438
Title VII Final Provisions 439
Financial Services
Annex I List of Reservations (Referred to in Article 17 of the Joint Council Decision) 443
Part A Community and Its Member States 443
Part B Mexico 454
Annex II Authorities Responsible for Financial Services (Referred to in Article 23 of the Joint Council Decision) 465
Part A For the Community and Its Member States 465
Part B For Mexico, the Secretaria de Hacienda y Credito Publico 446
Dispute Settlement
Annex III Model Rules of Procedure (Referred to in Article 43 of the Joint Council Decision) 469
Appendix I Code of Conduct 475
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