The
Member Countries can conduct preferentially
community or joint negotiations, and
exceptionally individual negotiations for
trade agreements with third countries.
Article
2.- If it is not
possible to conduct community negotiations
for whatsoever reasons, the Member Countries
can negotiate bilaterally with third
countries. In such event, the participating
Member Countries should:
a) Preserve
the Andean legal system in the relations
between the Andean Community Member
Countries.
b) Take into
account the commercial sensitivities of
the other Andean countries in the trade
liberalization offers.
c) Maintain
within a transparency and solidarity
framework an adequate exchange of
information and consultations during the
course of the negotiations.
Article
3.- The Member
Country that decides to commence trade
negotiations within the framework of this
Decision, or has commenced them at the time
it enters into effect, should notify the
Andean Community Commission without delay
and keep it permanently informed on the
evolution and progress of such negotiations.
Article
4.- Prior to
signing the Agreement, the Commission should
be notified of the results of the
negotiations, which should not be objected
if the consultations provided for in Article
86 of the Cartagena Agreement and Article 2
of this Decision have been made.
Article
5.- Upon
concluding the negotiations, the principle
of the Most Favored Nation should be applied
as provided for in the Andean legal system.
Article
6.- The purpose of
the trade negotiations authorized through
this Decision can be the establishment of
free trade areas and may refer to topics
other than the liberalization in the trade
of goods.
Article
7.- Decision 322
of the Andean Community Commission is hereby
revoked.
Given in the
city of Quito, Republic of Ecuador, on July
12, 2004