Explanatory Memorandum to COM(2001)516 - EC position within the EU-Mexico Joint Council with a view to the adoption of an Annex to Decision 2/2000 on mutual administrative co-operation in customs matters

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1. The Economic Partnership, Political Co-ordination and Co-operation Agreement between the European Community and its Member States of the one part, and the United Mexican States of the other part, (the Co-operation Agreement) was signed on 8th December 1997  i. It includes among its objectives, closer and more extensive co-operation to increase and diversify trade and pave the way for progressive and reciprocal liberalisation of that trade.

2. Article 17(3) of the Decision 2/2000 of the EU-Mexico Joint Council established by the above-mentioned Agreement envisages that the administrations of both Parties shall provide mutual administrative assistance in customs matters in accordance with the provisions of an Annex on Mutual Administrative Assistance on Customs Matters to be adopted by the Joint Council no later than one year from the entry into force of Decision 2/2000.

3. On this basis, negotiations took place between the Commission and Mexico. They have produced the Annex and the Agreement in the form of an Annex initialled in Brussels on 26th March 2001.

4. The purpose of the Annex is the prevention, detection, and prosecution, through mutual assistance by the parties' competent authorities, of activities breaching customs legislation. This assistance mainly involves the forwarding of information and documents on investigations and the surveillance of specific individuals, goods, places or means of transport.

5. The Annex is in conformity with the terms of the standard version drawn up in 1997 by the Council Working Party on Economic Questions.

6. This Annex now needs to be concluded, so as to:

- establish the position to be taken by the Community within the EU/Mexico Joint Council with a view to implement Article 17(3) of Decision 2/2000.