CAN- MERCOSUR

Aide Memoire of the Fifth MERCOSUR-Andean Community (CAN) Meeting  

The Fifth MERCOSUR-CAN Meeting was held in Buenos Aires on May 8 to 10, 2002 in order to continue the negotiations aimed at establishing a Free Trade Area between the two blocs.  

The agenda of the meeting is attached as Annex I.
The list of participants appears in Annex II.  

At the opening of the meeting, the MERCOSUR expressed its concern over Venezuela ’s absence, in light of the importance it attaches to the meeting and the advances that should be made during its course.  

The CAN explained the reasons for Venezuela ’s absence and stated that a consensus had already been reached regarding its position and that for that reason its absence would not impede the negotiation from moving ahead.  

The two Parties made an evaluation of the negotiation process, with a view to clarifying their positions and trying to overcome the inertia that had settled in.  

In this connection, the CAN offered complementary information to what had been provided earlier in regard to the trade liberalization program, consisting of:  

I.-Sensitive products  

I.1-List of sensitive products including the time-frame for the tariff phase-out process proposed by each of the Andean countries.  

I.2-Proposed timetables for the sensitive products of the CAN and of Paraguay and Uruguay .  Tariff phase-out schedules with different initial margins of preference are included for each of the time-frames (15 and 20 years).  

II.-Treatment of the historical heritage  

The CAN presented the following documents with regard to the Andean proposal to revise the historical heritage granted to Paraguay and Uruguay :  

II.1-a list of products of Ecuador ’s historical heritage with Paraguay and Uruguay , for revision of the concessions granted.  

II.2-a list of products of Peru ’s historical heritage with Uruguay , for revision of the concessions granted.  

The CAN also clarified the following aspects of the proposal:  

-     Products belonging to the historical heritage that are included on the list of sensitive products.  

There are two possible treatments for these products within the defined time-frames:  

a-the historical heritage is left unchanged until the corresponding tariff phase-out schedule catches up with it, or  

b-a new schedule is defined, with an initial margin of preference equal to that of the historical heritage, respecting the defined deadline for the tariff phase-out with regard to the list of sensitive products.  

III.-General tariff phase-out schedule  

At the MERCOSUR’s request, the CAN accepted deadlines for the general tariff-phase out schedule of 8 years for Argentina and Brazil and 10 years for the CAN, Paraguay and Uruguay .  

This schedule covers the products included under the NALADISA 96 Tariff Classification, except for those that are on the list of sensitive products, the historical heritage and products for immediate tariff phase-out.  

The MERCOSUR’s response to the issues introduced by the CAN under I, II and III was as follows:  

-      The maximum tariff phase-out period for sensitive products can be no longer than fifteen years.  

-      The acceptable difference in tariff phase-out period for the historical heritage of Argentina and Brazil , as compared with that of the CAN and Paraguay and Uruguay , should not be more than two years.  

-      No back downs as to the preferences granted for the products of the historical heritage are acceptable.  

-      The Andean Price Band System should be negotiated, with a view to its elimination in bi-regional trade.  

-      The inclusion of agricultural safeguards is not acceptable.  

The MERCOSUR will consider any back downs with regard to the preferences granted for the historical heritage as a deterioration in the access of the MERCOSUR as a whole.  

The MERCOSUR stated, as well, that unless the differing positions on the cited points are reconciled, it will reserve the right to restudy its original proposal.  

In view of the differences over key issues of the Liberalization Program, the CAN requested that efforts be made to reconcile the positions of the two blocs and the two parties agreed on the need to address the other aspects connected with effective access to the markets.  

The CAN committed itself to complete and send to the MERCOSUR this coming June 4th, the information that has been supplied about the list of sensitive products, with a specification of the corresponding tariff phase-out schedule for each product.  

IV.- Rules of Origin  

A working group was formed, which reviewed the proposals on the subject put forward by the two delegations.  

The CAN delivered a new wording of the two articles that were discussed on this occasion.  It also proposed that Bolivia be considered for purposes of the accumulation of origin and that provisions be made for Bolivia to accumulate origin with the rest of the CAN countries under ACE 36.  

The MERCOSUR agreed to send its position with regard to the counterproposal presented by the Andean Community no later than May 27.  It also committed itself to remit its proposal on the control and verification of origin by the beginning of July 2002.  

The MERCOSUR stated in connection with the specific requirements of origin for the textile and garment sector that these would be similar to the requirements that are in effect in its agreements with Chile and Bolivia and pledged to send a specific proposal for the CAN-MERCOSUR negotiations no later than May 27.  

The two delegations agreed that in order to move ahead with the negotiation of the Liberalization Program, it is necessary to deal at the same time with origin-related issues.  

V.-Motor vehicle sector  

Because of Venezuela ’s absence, it proved impossible at this time to set up the motor vehicle working committee.  Even so, the delegations exchanged viewpoints on the issues the committee should address and it was agreed to form this body at the next meeting.  

VI.-Iron and steel sector  

The MERCOSUR reported that the consultations are being held that will allow it to put forward a proposal for negotiation in this sector.  

VII.-Agenda and date of the next meeting  

The two delegations agreed to address the following issues at the next meeting:  

-   Trade Liberalization Program  

-   Rules of Origin  

-   Technical Standards  

-   Sanitary and Phytosanitary Measures  

-   Motor Vehicle Working Group  

The CAN proposed that the Sixth Meeting be held in Lima , Peru on June 12, 13 and 14.  

The MERCOSUR countered with the week of June 24th as a tentative date for the meeting, once the Common Market Group has given its okay.   It went on to state the need to have a document of commitment from the CAN.  

The necessary matters will be coordinated in order to set the final date for the Sixth Meeting.  

 

For the MERCOSUR Delegation
Daniel Polski

For the CAN Delegation
Juan Carlos Elorza