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Summary of Treaty


GENERAL DATA
Official Title Cooperation Agreement between the European Community and the Republic of India on partnership and development - Declaration of the Community concerning tariff adjustments - Declarations of the Community and India
Type of Agreement Bilateral
Place of Signature Brussels
Date of Signature 20/12/1993
Date of Entry Into Force 01/08/1994
Duration Definite
Objective of Agreement To enhance and develop, through dialogue and partnership, the various aspects of cooperation between the Contracting Parties in order to achieve a closer and upgraded relationship. Focusing in particular on: - further development and diversification of trade and investment in their mutual interest, taking into account their respective economic situations; - facilitation of better mutual understanding and strengthening of ties between the two regions in respect of technical, economic and cultural matters; - building up of India's economic capability to interact more effectively with the Community; - acceleration of the pace of India's economic development, supporting India's efforts in building up its economic capabilities, by way of provision of resources and technical assistance by the Community within the framework of its cooperation policies and regulations, in particular to improve the living conditions of the poorer sections of the population; - development in their mutual interest of existing and new forms of economic cooperation directed at promoting and facilitating exchanges and connections between their business communities, taking into account the implementation of Indian economic reforms and opportunities for the creation of a suitable environment for investment; - support of environmental protection and sustainable management of natural resources.
Remarks The current 1994 co-operation agreement is a wide-ranging 3rd generation agreement, well beyond trade and economic co-operation. The institutional basis for EU-India political dialogue is a Joint Political Statement signed simultaneously with the 3rd generation Co-operation Agreement. It fixed annual ministerial meetings, and opened the door to a broad political dialogue. Concluded for an initial period of 5 years the co-operation agreement is automatically renewable unless notice of termination is given (Article 29). The Agreement is well-structured and very comprehensive. It provides for increased cooperation, notably in trade and commercial cooperation, but with no area specifically ruled out. While remaining within the GATT framework, with the MFN clause (Article 2), the trade and commercial cooperation aspects are strengthened and made more dynamic, while special machinery is provided for dispute settlement, notably for antidumping (consultations and efforts to reach an amicable solution). Economic cooperation will no longer be a one-way matter but is aimed at providing mutual benefits through contact between players on both sides, improvement of India's economic climate and the transfer of know-how and technology. The list of areas for cooperation is very exhaustive (Article 4). Cooperation also extends to industry, services (Article 5), the private sector (Article 6), energy and communications. Article 9 concerns standardisation and the removal of technical barriers to trade, while intellectual property and investment (signing of the MIGA Convention) are to be given suitable protection. Other areas of cooperation include: agriculture and fisheries, tourism, science, culture, etc. Development cooperation, though not quantified (Article 21), remains important, with stress on South-South and regional cooperation. Of particular significance are the MFN and future developments clauses, and the human rights and drug abuse provisions, among others. An Annex forms an integral part of the Agreement (note the declaration on the GSP).
OJ Reference L223, 27/08/1994, p. 24
Depositary Council of the European Union
Contracting Parties European Community, India
Authentic Texts Danish, Dutch, English, French, German, Greek, Hindi , Italian, Portuguese, Spanish
Subject Matters Asia
External Relations
Clause(s)
Duration (Conditions) Article 29 Agreement
Evolutionary Article 24 Agreement
Fight against drugs Article 19 Agreement
Human rights Article 1 Agreement
Most Favoured Nation (MFN) Article 2 Agreement
Territorial application Article 27 Agreement
Management Joint Committee (Article 22)
EU PARTICIPATION
Conclusion Date 26/07/1994
Ratification Status NOT
Conclusion Decision Council Decision of 18 July 1994 concerning the conclusion of the Cooperation Agreement between the European Community and the Republic of India on Partnership and Development; OJ L223 of 27/08/1994, p.23
Competence Exclusive
Legal Basis Treaty EC: Article 130y
Treaty EC: Article 113
General Comments Framework Agreement ; Comprehensive Agreement


Last Update :   11/02/2013