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THE KINGDOM OF BELGIUM, - the common cultural heritage and the close historical, political and economic ties which unite them;the Parties have decided to conclude this Agreement:
1. Respect for democratic principles and fundamental human rights as laid down
in the
Universal Declaration of Human Rights and for the principle of the rule of law
underpins the
internal and international policies of the Parties and constitutes an essential
element of this
Agreement.
1. This Agreement establishes a Political and Economic Association between the
Parties,
based on reciprocity, common interest and on the deepening of the relationship
in all areas of (a) the enhancement of political dialogue on bilateral and international matters of mutual interest, which will be conducted through meetings at different levels;
1. An Association Council is hereby established, which shall supervise the
implementation
of this Agreement. The Association Council shall meet at ministerial level at
regular intervals,
not exceeding a period of two years, and extraordinarily whenever circumstances
so require, if
the Parties so agree.
1. The Association Council shall be composed, on the one hand, of the President
of the
Council of the European Union, assisted by the Secretary General/High
Representative, the
incoming Presidency, other Members of the Council of the European Union or their
representatives and Members of the European Commission, and, on the other hand,
of the
Minister of Foreign Affairs of Chile.
1. The Association Council shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions in the cases provided for in this Agreement. 2. The decisions taken shall be binding on the Parties, which shall take all the measures necessary to implement them in accordance with each Party’s internal rules. 3. The Association Council may also make appropriate recommendations. 4. The Association Council shall adopt decisions and recommendations by mutual agreement between the Parties.
1. The Association Council shall be assisted in the performance of its duties by an Association Committee composed of representatives of the Members of the Council of the European Union and of the European Commission, on the one hand, and representatives of the Government of Chile, on the other, normally at senior officials level. 2. The Association Committee shall be responsible for the general implementation of this Agreement. 3. The Association Council shall establish the rules of procedure of the Association Committee. 4. The Association Committee shall have the power to take decisions in the cases provided for in this Agreement or where such power has been delegated to it by the Association Council. In this event the Association Committee shall take its decisions in accordance with the conditions laid down in Article 5. 5. The Association Committee shall generally meet once a year for an overall review of the implementation of this Agreement, on a date and with an agenda agreed in advance by the Parties, in Brussels one year and in Chile the next. Special meetings may be convened, by mutual agreement, at the request of either of the Parties. The Association Committee shall be chaired alternately by a representative of each of the Parties.
1. The Association Council shall be assisted in the performance of its duties by the Special Committees established in this Agreement. 2. The Association Council may decide to set up any Special Committee. 3. The Association Council shall adopt rules of procedure which
determine the composition and duties of such committees and how they shall
function, insofar as not provided for by this Agreement. Article 8 The political dialogue between the Parties shall be conducted within the
framework provided for in Part II of this Agreement. Article 9 1. An Association Parliamentary Committee is hereby established. It shall be a forum for members of the Chilean National Congress and the European Parliament to meet and exchange views. Is shall meet at intervals which it shall itself determine. 2. The Association Parliamentary Committee shall consist of members of the European Parliament, on the one hand, and of members of the Chilean National Congress, on the other. 3. The Association Parliamentary Committee shall establish its rules of procedure. 4. The Association Parliamentary Committee shall be chaired in turn by a representative of the European Parliament and a representative of the Chilean National Congress, in accordance with the provisions to be laid down in its rules of procedure. 5. The Association Parliamentary Committee may request relevant information regarding the implementation of this Agreement from the Association Council, which shall supply the Committee with the requested information. 6. The Association Parliamentary Committee shall be informed of the decisions and recommendations of the Association Council. 7. The Association Parliamentary Committee may make recommendations to
the Association Council. Article 10 1. A Joint Consultative Committee is hereby established with the task of assisting the Association Council to promote dialogue and cooperation between the various economic and social organisations of civil society in the European Union and those in Chile. Such dialogue and cooperation shall encompass all economic and social aspects of the relations between the Community and Chile, as they arise in the context of implementation of this Agreement. The Committee may express its view on questions arising in these areas. 2. It shall be composed of an equal number of members of the European Economic and Social Committee, on the one hand, and of members of the corresponding institution dealing with economic and social matters in the Republic of Chile, on the other. 3. The Committee shall carry out its activities on the basis of consultation by the Association Council or, for the purposes of promoting the dialogue between various economic and social representatives, on its own initiative. 4. The Joint Consultative Committee shall adopt its rules of procedure.
The Parties will also promote regular meetings of representatives of the Chilean and the European Union’s civil societies, including the academic community, social and economic partners, and non-governmental organisations in order to keep them informed on the implementation of this Agreement and gather their suggestions for its improvement. POLITICAL DIALOGUE 1. The Parties agree to reinforce their regular dialogue on bilateral and international matters of mutual interest. They aim at strengthening and deepening this political dialogue with a view to consolidating the Association established by this Agreement. 2. The main objective of the political dialogue between the Parties is the promotion, dissemination, further development and common defence of democratic values, such as the respect for human rights, the freedom of the individual and the principles of the rule of law as the foundation of a democratic society. 3. To this end, the Parties shall discuss and exchange information on joint initiatives concerning any issue of mutual interest and any other international issue with a view to pursuing common goals, in particular, security, stability, democracy and regional development.
1. The Parties agree that their political dialogue shall take the form of: (a) regular meetings between Heads of State and Government; 2. The Parties shall decide on the procedures to be used for the above mentioned meetings. 3. The periodic meetings of Foreign Ministers referred to under paragraph 1(b) shall take place either within the Association Council established by Article 3 of this Agreement, or on other agreed occasions of an equivalent level. 4. The Parties will also make maximum use of diplomatic channels.
The Parties shall, as far as possible, coordinate their positions and undertake joint initiatives in the appropriate international fora, and cooperate in the field of foreign and security policy.
The Parties agree to cooperate in the fight against terrorism in accordance with international conventions and with their respective laws and regulations. They shall do so in particular: (a) in the framework of the full implementation of Resolution 1373 of the United Nations Security Council and other relevant United Nations Resolutions, international conventions and instruments; COOPERATION Article 16 1. The Parties shall establish close cooperation aimed inter alia at: (a) strengthening the institutional capacity to underpin democracy, the rule of law, and respect for human rights and fundamental freedoms; 2. The Parties re-affirm the importance of economic, financial and technical cooperation, as means to contribute to implementing the objectives and principles derived from the present Agreement.
TITLE I Article 17 1. Industrial cooperation will support and promote industrial policy measures to develop and consolidate the Parties’ efforts and establish a dynamic, integrated and decentralised approach to managing industrial cooperation, so as to create a favourable environment to serve their mutual interests. 2. The central aims will be: (a) to boost contacts between the Parties’ economic operators, with the aim of identifying sectors of mutual interest, especially in the area of industrial cooperation, transfers of technology, trade and investment;
1. Cooperation on standards, technical regulations and conformity assessment is a key objective in order to avoid and reduce technical barriers to trade and to ensure the satisfactory functioning of trade liberalisation as provided for in Part IV, Title II. 2. Cooperation between the Parties will seek to promote efforts in: (a) regulatory cooperation; 3. In practice, cooperation will: (a) encourage any measures aimed at bridging the gaps between the Parties in the areas of conformity assessment and standardisation;
1. The Parties will promote a favourable environment for the development of small and medium-sized enterprises (SMEs). 2. Cooperation shall consist, amongst other actions, in: (a) technical assistance;
In compliance with the WTO General Agreement on Trade in Services (the “GATS”) and within the bounds of their own fields of competence, the Parties will support and intensify cooperation with each other, reflecting the growing importance of services in the development and growth of their economies. Cooperation aimed at promoting the development and diversification of productivity and competitiveness in Chile’s service sector will be stepped up. The Parties will determine the sectors on which cooperation will concentrate, and they will also focus on the means available for this purpose. Activities will be directed particularly at SMEs and at facilitating their access to sources of capital and market technology. In that connection, special attention will be devoted to promoting trade between the Parties and third countries.
1. The aim of cooperation will be to help the Parties to promote, within the bounds of their own competence, an attractive and stable reciprocal investment climate. 2. Cooperation will cover in particular the following: (a) establishing mechanisms for providing information, identifying and disseminating investment rules and opportunities;
1. The aim of the cooperation between the Parties is to consolidate economic relations in key sectors such as hydroelectricity, oil and gas, renewable energy, energy-saving technology and rural electrification. 2. Among the objectives of cooperation will be: (a) exchanges of information in all suitable forms, including developing databases shared by institutions of both Parties, and training and conferences;
1. Cooperation will focus on restructuring and modernising Chile’s transport systems, improving the movement of passengers and goods and providing better access to the urban, air, maritime, rail and road transport markets by refining the management of transport from the operational and administrative points of view and by promoting operating standards. 2. Cooperation will cover matters including the following: (a) exchanges of information on the Parties’ policies, especially regarding urban transport and the interconnection and interoperability of multimodal transport networks and other issues of mutual interest;
1. Cooperation in this area is designed to support and stimulate agricultural policy measures in order to promote and consolidate the Parties’ efforts towards a sustainable agriculture and agricultural and rural development. 2. The cooperation will focus on capacity-building, infrastructure and technology transfer, addressing matters such as: (a) specific projects aimed at supporting sanitary, phytosanitary, environmental and food quality measures, taking into account the legislation in force for both Parties, in compliance with WTO rules and other competent international organisations;
1. In view of the importance of fisheries policy in the relations between them, the Parties undertake to develop closer economic and technical collaboration, possibly leading to bilateral and/or multilateral agreements covering fisheries on the high seas. 2. Furthermore, the Parties underline the importance they attach to fulfilment of the mutual commitments specified in the Memorandum Of Understanding that they signed on 25 January 2001.
1. The Parties shall promote and facilitate cooperation between their respective customs services in order to ensure that the objectives set out in Article 79 are attained, particularly in order to guarantee the simplification of customs procedures; facilitating legitimate trade while retaining their control capabilities. 2. Without prejudice to the cooperation established by this Agreement, mutual assistance between the administrative authorities in customs matters will be given in conformity with the Protocol of 13 June 2001 on Mutual Assistance in Customs matters to the Framework Cooperation Agreement. 3. The cooperation shall give rise among other things, to: (a) the provision of technical assistance, including where appropriate, the organisation of seminars and the placement of trainees;
1. The main aim is to approximate methods, so that the Parties are able to use each other’s statistics on trade in goods and services and more generally on any area covered by this Agreement for which statistics can be collected. 2. Cooperation will focus on: (a) homologation of statistical methods to generate indicators that are comparable between the Parties;
1. The aim of cooperation will be to encourage conservation and improvement of the environment, prevention of contamination and degradation of natural resources and ecosystems, and rational use of the latter in the interests of sustainable development. 2. In this connection, the following are particularly significant: (a) the relationship between poverty and the environment;
Cooperation in this field should seek to make the consumer-protection programmes in the Parties compatible, and should as far as possible cover: (a) making consumer legislation more compatible, to avoid trade barriers;
1. The Parties agree to cooperate on the protection of personal data in order to improve the level of protection and avoid obstacles to trade that requires transfers of personal data. 2. Cooperation on personal data protection may include technical assistance in the form of exchange of information and experts and the establishment of joint programmes and projects.
1. The Parties will promote exchanges of information on their respective macroeconomic policies and trends, and exchanges of experience regarding coordination of macroeconomic policies in the context of regional integration. 2. With this aim in mind, the Parties will seek more in-depth dialogue between their authorities on macroeconomic matters, in order to exchange ideas and opinions on issues such as: (a) macroeconomic stabilisation; 3. The methods of implementing such cooperation will include: (a) meetings between macroeconomic authorities;
1. The Parties agree to cooperate, according to their own capabilities, in matters relating to the practice, promotion, dissemination, streamlining, management, harmonisation, protection and effective application of intellectual property rights, the prevention of abuses of such rights, the fight against counterfeiting and piracy, and the establishment and strengthening of national organisations for control and protection of such rights. 2. Technical cooperation can focus on one or more of the activities listed below: (a) legislative advice: comments on draft laws relating to the general provisions and basic principles of the international conventions listed in Article 170, copyright and related rights, trademarks, geographical indications, traditional expressions or complementary quality mentions, industrial designs, patents, layout-designs (topographies) of integrated circuits, protection of undisclosed information, control of anti-competitive practices in contractual licences, enforcement and other matters relating to the protection of intellectual property rights;
Cooperation between the Parties in this field will seek to provide technical assistance on issues connected with public procurement, paying special attention to the municipal level.
1. The Parties will promote mutual cooperation in developing tourism. 2. Such cooperation will focus on: (a) projects intended to create and consolidate tourist products and services of mutual interest or which hold an attraction for other markets of mutual interest;
The Parties commit themselves to promoting cooperation on mining, mainly through agreements aimed at : (a) fostering exchanges of information and experience, in the application of clean technologies in the mining productive processes.
1. The aims of cooperation on science and technology, carried out in the mutual interest of both Parties and in compliance with their policies, particularly as regards the rules for use of intellectual property resulting from research, shall be: (a) policy dialogue and exchanges of scientific and technological information and experience at regional level, particularly in respect of policies and programmes; 2. Special emphasis will be put on human potential building as the real long-lasting basis of scientific and technological excellence and the creation of permanent links between both scientific and technological communities, at both national and regional levels. 3. The following forms of cooperation should be encouraged: (a) joint applied research projects in areas of common interest, with active participation by business undertakings where appropriate; 4. Furthermore, the evaluation of joint work and the dissemination of results will be promoted. 5. Higher-education institutions, research centres and productive sectors, including SMEs, on both sides shall be involved in this cooperation in an appropriate manner. 6.The Parties shall promote their respective entities’ participation in their respective scientific and technological programmes in pursuit of mutually beneficial scientific excellence and in accordance with their respective provisions governing the participation of legal entities from third countries.
1. Information technology and communications are key sectors in a modern society and are of vital importance for economic and social development and the smooth transition to the information society. 2. Cooperation in this area shall aim in particular to promote: (a) dialogue on the various issues of the information society, including promotion and monitoring of the emergence of the information society;
1. The Parties will significantly support, within their respective competencies, pre-schooling, basic, intermediate and higher education, vocational training and life-long learning. Within these fields, special attention will be paid to access to education for vulnerable social groups such as the disabled, ethnic minorities and the extremely poor. 2. Special attention will be paid to decentralised programmes, which forge permanent links between specialised bodies of both Parties and encourage the pooling and exchange of experience and technical resources as well as the mobility of students.
The Parties agree to promote the cooperation in this area, mainly through training programmes in the audio-visual sector and means of communication, including co-production, training, development and distribution activities.
1. In view of the Parties very close cultural ties, cooperation in this sphere, including information and media contacts, should be enhanced. 2. The objective of Part III of this Agreement will be to promote the exchange of information and cultural cooperation between the Parties, and account will be taken of bilateral schemes with the Member States. 3. Special attention must be paid to promoting joint activities in various fields, including the press, cinema and television, and to encouraging youth exchange schemes. 4. This cooperation could cover inter alia the following areas: (a) mutual information programmes;
1. Cooperation in this area shall aim at the modernisation and decentralisation of public administration and encompass overall organisational efficiency and the legislative and institutional framework, drawing lessons from both Parties’ best practices. 2. Such cooperation may involve programmes of the following types: (a) modernisation of the State and of public administration; 3. The means of cooperation in this area will be: (a)technical assistance to Chilean policy-making and executive bodies, including meetings between staff of the European institutions and their Chilean counterparts;
1. The purpose of inter-institutional cooperation between the Parties is to promote closer cooperation between the institutions concerned. 2. To that end, Part III of this Agreement will seek to encourage regular meetings between these institutions; cooperation will be as broad as possible, and will include: (a) any measures promoting regular exchanges of information, including the joint development of computerised communication networks; 3. The Parties may, by common agreement, include other, additional fields of action.
The Parties recognise that: (a) the participation of the social partners will be promoted as regards living conditions and integration into society,
1. The Parties recognise the importance of social development, which must go hand in hand with economic development. They will give priority to the creation of employment and respect for fundamental social rights, notably by promoting the relevant conventions of the International Labour Organisation covering such topics as the freedom of association, the right to collective bargaining and non-discrimination, the abolition of forced and child labour, and equal treatment between men and women. 2. Cooperation may cover any area of interest to the Parties. 3. Measures may be coordinated with those of the Member States and the relevant international organisations. 4. The Parties will give priority to measures aimed at: (a)promoting human development, the reduction of poverty and the fight against social exclusion, by generating innovative and reproducible projects involving vulnerable and marginalised social sectors. Special attention will be paid to low-income families and disabled persons;
1. Cooperation will contribute to strengthening policies and programmes that improve, guarantee and extend the equitable participation of men and women in all sectors of political, economic, social and cultural life. Cooperation will contribute to easing women’s access to all necessary resources for the full exercise of their fundamental rights. 2. In particular, cooperation should promote the creation of an adequate framework to: (a) ensure that gender and gender-related issues can be taken into account at every level and in all areas of cooperation including macroeconomic policy, strategy and development operations; and
1. The Community and Chile agree to cooperate in order to prevent and control illegal immigration. To this end: (a) Chile agrees to readmit any of its nationals illegally present on the territory of a Member State, upon request by the latter and without further formalities; 2. The Member States and Chile will also provide their nationals with appropriate identity documents for such purposes. 3. The Parties agree to conclude, upon request, an agreement between Chile and the Community regulating the specific readmission obligations of Chile and the Member States, including an obligation to readmit nationals of other countries and stateless persons. 4. Pending the conclusion of the agreement with the Community referred to in paragraph 3. Chile agrees to conclude, upon request of a Member State, bilateral agreements with individual Member States regulating the specific readmission obligations between Chile and the Member State concerned, including an obligation to readmit nationals of other countries and stateless persons. 5. The Association Council shall examine what other joint efforts can be made to prevent and control illegal immigration.
1. Within their respective competencies, the Parties undertake to coordinate and increase their efforts to prevent and reduce the illicit production of, trade in and consumption of drugs and the laundering of profits from drug-trafficking, and to combat related organised crime through the intermediary of international organisations and bodies. 2. The Parties will cooperate in this area to implement in particular: (a) projects for the treatment, rehabilitation and family, social and labour reinsertion of drug addicts;
The Parties recognise the complementary role and potential contribution of civil society (social interlocutors and Non Governmental Organisations) in the cooperation process. To that end, subject to the legal and administrative provisions of each Party, civil society actors may: (a) be informed about and participate in consultations on cooperation policies and strategies, including strategic priorities, particularly in the areas concerning or directly affecting them;
1. Both Parties should use all existing cooperation instruments to promote activities aimed at developing an active and reciprocal cooperation between the Parties and the Mercado Común del Sur (Mercosur) as a whole. 2. This cooperation will be an important element in the Community's support for the promotion of regional integration among the Southern Cone countries of Latin America. 3. Priority will be given to operations aimed at: (a) promoting trade and investment in the region; 4. The Parties will also cooperate more closely on regional development and land-use planning. 5. To this end, they may: (a) undertake joint action with regional and local authorities in the area of economic development; and
1. The Parties recognise the value of international cooperation for the promotion of equitable and sustainable development processes and agree to give impetus to triangular cooperation programmes and programmes with third countries in areas of common interest. 2. This cooperation may also be applied to bi-regional cooperation in accordance with the priorities of Member States and other countries of Latin America and the Caribbean.
Within the Parties’ respective competencies, no opportunity for cooperation should be ruled out in advance and the Parties could use the Association Committee to explore together the practical possibilities for cooperation in their mutual interest.
1. Cooperation between the Parties should contribute to achieving the general objectives of Part III of this Agreement by identifying and developing innovative cooperation programmes capable of providing added value to their new relationship as associated partners. 2. The participation of each Party as an associated partner in framework programmes, specific programmes and other activities of the other Party shall be promoted, in so far as it is permitted by each Party’s internal rules governing access to the programmes and activities concerned. 3. The Association Council may make recommendations to that effect.
1. With the aim of contributing to fulfilling the cooperation objectives established in this Agreement, the Parties commit themselves to providing, within the limits of their capacities and through their own channels, the appropriate resources, including financial resources. 2. The Parties shall take all appropriate measures to promote and facilitate the European Investment Bank’s activities in Chile, in accordance with its own procedures and financing criteria and with their laws and regulations, and without prejudice to the powers of their competent authorities.
1. When the Association Committee performs any of the tasks conferred upon it in Part III of this Agreement, it shall be composed of representatives of the Community and Chile with responsibility for cooperation matters, normally at senior official level. 2. Notwithstanding the provisions of Article 6, the Association Committee shall have, in particular, the following functions: (a) assist the Association Council in the performance of its functions regarding cooperation related matters; PART IV (a) the progressive and reciprocal liberalisation of trade in goods, in conformity with Article XXIV of General Agreement on Tariffs and Trade 1994 (“the GATT 1994”);
1. Nothing in this Agreement shall preclude the maintenance or establishment of customs unions, free trade areas or other arrangements between either of the Parties and third countries, insofar as they do not alter the rights and obligations provided for in this Agreement. 2. At the request of a Party, consultations between them shall take place within the Association Committee concerning agreements establishing or adjusting customs unions or free trade areas and, where required, on other major issues related to the Parties’ respective trade policies with third countries. In particular, in the event of accession, such consultation shall take place so as to ensure that account can be taken of the mutual interests of the Parties.
The Parties shall progressively and reciprocally liberalise trade in goods over a transitional period starting from the entry into force of this Agreement, in accordance with the provisions of this Agreement and in conformity with Article XXIV of the GATT 1994.
1. The provisions of this Chapter concerning the elimination of customs duties on imports shall apply to products originating in one Party and exported to the other Party. For the purposes of this Chapter, "originating" means qualifying under the rules of origin set out in Annex III. 2. The provisions of this Chapter concerning the elimination of customs duties on exports shall apply to all goods exported from one Party to the other Party.
A customs duty includes any duty or charge of any kind imposed in connection with the importation or exportation of a good, including any form of surtax or surcharge in connection with such importation or exportation, but does not include any: (a) internal taxes or other internal charges imposed consistently with Article 77;
1. Customs duties on imports between the Parties shall be eliminated in accordance with the provisions of Articles 64 to 72. 2. Customs duties on exports between the Parties shall be eliminated as from the date of entry into force of this Agreement. 3. For each product, the basic customs duty to which the successive reductions are to be applied pursuant to Articles 64 to 72 shall be that specified in each Party’s Tariff Elimination Schedule set out in Annexes I and II, respectively. 4. If a Party reduces its applied most favoured nation customs duty rate after the entry into force of this Agreement and prior to the ending of the transitional period, the Tariff Elimination Schedule of that Party shall apply to the reduced rates. 5. Each Party declares its readiness to reduce its customs duties more rapidly than is provided for in Articles 64 to 72, or otherwise improve the conditions of access under such Articles, if its general economic situation and the situation of the economic sector concerned so permit. A decision by the Association Council to accelerate the elimination of a customs duty or otherwise improve conditions of access shall supersede the terms established in Articles 64 to 72 for the product concerned.
1. No new customs duties shall be introduced nor shall those already applied be increased in trade between the Parties as from the date of entry into force of this Agreement. 2. Nothwithstanding paragraph 1, Chile may maintain its price band system as established in Article 12 of Law 18,525 or succeeding system for the products covered by that law, provided it is applied consistently with Chile’s rights and obligations under the WTO Agreement and in a manner that does not afford more favourable treatment to imports of any third country, including countries with which Chile has concluded or will conclude in the future an agreement notified under Article XXIV of the GATT 1994.
The classification of goods in trade between the Parties shall be that set out in each Party's respective tariff nomenclature in conformity with the Harmonised Commodity Description and Coding System (“HS”).
Fees and other charges referred to in Article 59 shall be limited in amount to the approximatecost of services rendered and shall not represent an indirect protection for domestic products or a taxation of imports or exports for fiscal purposes. They shall be based on specific rates that correspond to the real value of the service rendered. Section 2 This sub-section applies to products of HS chapters 25-97 not covered by agricultural and processed agricultural products as defined in Article 70. Article 65 Customs duties on imports into the Community of industrial products originating in Chile listed in Annex I (Tariff Elimination Schedule of the Community) under category "Year 0" and "Year 3" shall be eliminated in accordance with the following timetable, so that these customs duties are completely eliminated by the entry into force of the Agreement and on 1 January 2006, respectively:
Customs duties on imports into Chile of products originating in the Community listed in Annex II (Tariff Elimination Schedule of Chile) under category "Year 0", "Year 5" and "Year 7" shall be eliminated in accordance with the following timetable, so that these customs duties are completely eliminated by the entry into force of this Agreement, 1 January 2008 and 1 January 2010, respectively: Percentages of annual tariff reduction
This sub-section applies to fish and fisheries products as covered by HS chapter 3, HS headings 1604 and 1605, HS subheadings 051191 and 230120, and HS subheading ex1902201.
Article 68 1. Customs duties on imports into the Community of fish and fisheries products originating in Chile listed in Annex I under category "Year 0", "Year 4", "Year 7" and "Year 10" shall be eliminated in accordance with the following timetable, so that these customs duties are completely eliminated by the entry into force of this Agreement, 1 January 2007, 1 January 2010 and 1 January 2013, respectively: Percentages of annual tariff reduction
2. Tariff quotas on imports into the Community of certain fish and fisheries products originating in Chile listed in Annex I under category “TQ” shall be applied as from entry into force of this Agreement, in accordance with the conditions mentioned in that Annex. These quotas shall be managed on a first-come first-served basis.
1. Customs duties on imports into Chile of fish and fisheries products originating in the Community listed in Annex II under category "Year 0" shall be eliminated at the entry into force of this Agreement. 2. Tariff quotas on imports into Chile of certain fish and fisheries products originating in the Community listed in Annex II under category “TQ” shall be applied as from entry into force of this Agreement, in accordance with the conditions mentioned in that Annex. These quotas shall be managed on a first-come first-served basis.
This sub-section applies to agricultural and processed agricultural products as covered by Annex I of the WTO Agreement on Agriculture.
1. Customs duties on imports into the Community of agricultural and processed agricultural products originating in Chile listed in Annex I under category "Year 0", "Year 4", "Year 7" and "Year 10" shall be eliminated in accordance with the following timetable, so that these customs duties are completely eliminated by the entry into force of this Agreement, 1 January 2007, 1 January 2010 and 1 January 2013, respectively: Percentages of annual tariff reduction
2. For the agricultural products originating in Chile covered by chapters 7 and 8 and headings 20.09 and 22.04.30 of the Combined Nomenclature and listed in Annex I under category “EP”, for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the tariff elimination shall only apply to the ad valorem customs duty. 3. For agricultural and processed agricultural products originating in Chile listed in Annex I under category “SP”, for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the tariff elimination shall only apply to the ad valorem customs duty. 4. The Community shall allow imports of processed agricultural products originating in Chile listed in Annex I under category “R” to enter the Community with a customs duty of 50% of the basic customs duty as from the entry into force of this Agreement. 5. Tariff quotas on imports into the Community of certain agricultural and processed agricultural products originating in Chile listed in Annex I under category “TQ” shall be applied as from the entry into force of this Agreement, in accordance with the conditions mentioned in that Annex. These quotas shall be managed on a first-come first-served basis, or, as applicable in the Community, on the basis of a system of import and export licences. 6.Tariff concessions shall not apply to imports into the Community of products originating in Chile listed in Annex I under category “PN” as these products are covered by denominations protected in the Community.
1. Customs duties on imports into Chile of agricultural and processed agricultural products originating in the Community listed in Annex II under category "Year 0", "Year 5" and "Year 10" shall be eliminated in accordance with the following timetable, so that these customs duties are completely eliminated by the entry into force of this Agreement, 1 January 2008 and 1 January 2013, respectively: Percentages of annual tariff reduction
2. Tariff quotas on imports into Chile of certain agricultural products originating in the Community listed in Annex II under category “TQ” shall be applied as from the entry into force of this Agreement, in accordance with the conditions mentioned in that Annex. These quotas shall be managed on a first-come first served basis.
1. Notwithstanding Article 92 of this Agreement and Article 5 of the WTO Agreement on Agriculture, if, given the particular sensitivity of the agricultural markets, a product originating in a Party is being imported into the other Party in such increased quantities and under such conditions as to cause or threaten to cause serious injury or disturbance in the markets of like or directly competitive products of the other Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in this Article. 2. If the conditions in paragraph 1 are met, the importing Party may: (a) suspend the further reduction of any customs duties on the products concerned provided for under this Title; or 3. Before applying the measure as defined under paragraph 2, the Party concerned shall refer the matter to the Association Committee for a thorough examination of the situation, with a view to seeking a mutually acceptable solution. If the other Party so requests, the Parties shall hold consultations within the Association Committee. If no solution is found within 30 days of the request for such consultation, safeguard measures may be applied. 4. Where exceptional circumstances require immediate action, the importing Party may take the measures provided for in paragraph 2 on a transitional basis without complying with the requirements of paragraph 3 for a maximum period of 120 days. Such measures shall not exceed what is strictly necessary to limit or redress the injury or disturbance. The importing Party shall inform the other Party inmediately. 5. The measures taken under this Article shall not exceed what is necessary to remedy the difficulties which have arisen. The Party imposing the measure shall preserve the overall level of preferences granted for the agricultural sector. To achieve this objective, the Parties may agree on compensation for the adverse effects of the measure on their trade, including the period during which a transitional measure applied in accordance with paragraph 4 is in place. To this effect, the Parties shall hold consultations to reach a mutually agreed solution. If no agreement is reached within 30 days, the affected exporting Party may, after notification to the Association Council, suspend the application of substantially equivalent concessions under this Title. 6. For the purposes of this Article: (a) “serious injury” shall be understood to mean a significant overall impairment in the position of the producers as a whole of the like or directly competitive products operating in a Party.
During the third year after the entry into force of this Agreement the Parties shall assess the situation, taking account of the pattern of trade in agricultural products and processed agricultural products between the Parties, the particular sensitivities of such products and the development of agricultural policy on both sides. The Parties shall examine, in the Association Committee, product by product and on an orderly and appropriate reciprocal basis, the opportunities for granting each other further concessions with a view to improving liberalisation of trade in agricultural and processed agricultural products.
Section 1 The provisions of this Chapter shall apply to trade in goods between the Parties. Article 76 All import or export prohibitions or restrictions in trade between the Parties, other than customs duties and taxes, whether made effective through quotas, import or export licenses or other measures, shall be eliminated upon the entry into force of this Agreement. No new such measures shall be introduced.
1. Imported products of the territory of the other Party shall not be subject, either directly or indirectly, to internal taxes or other internal charges of any kind in excess of those applied, directly or indirectly, to like domestic products. Moreover, the Parties shall not otherwise apply internal taxes or other internal charges so as to afford protection to domestic production.3 2. Imported products of the territory of the other Party shall be accorded treatment no less favourable than that accorded to like domestic products in respect of all laws, regulations and requirements affecting their internal sale, offering for sale, purchase, transportation, distribution or use. The provisions of this paragraph shall not prevent the application of differential internal transportation charges which are based exclusively on the economic operation of the means of transport and not on the nationality of the product. 3. Neither Party shall establish or maintain any internal quantitative regulation relating to the mixture, processing or use of products in specified amounts or proportions which requires, directly or indirectly, that any specified amount or proportion of any product which is the subject of the regulation must be supplied from domestic sources. Moreover, neither Party shall otherwise apply internal quantitative regulations so as to afford protection to domestic production.4 4. The provisions of this Article shall not prevent the payment of subsidies exclusively to domestic producers, including payments to domestic producers derived from the proceeds of internal taxes or charges applied consistently with the provisions of this Article and subsidies effected through governmental purchases of domestic products. 5. The provisions of this Article shall not apply to laws, regulations, procedures or practices governing public procurement, which shall be subject exclusively to the provisions of Title IV of this Part of the Agreement. Section 2 If a Party determines that dumping and/or
countervailable subsidisation is taking place in its trade with the other Party, it may take
appropriate measures in accordance with the WTO Agreement on Implementation of Article VI of the
GATT 1994 and the WTO Agreement on Subsidies and Countervailing Measures. Section 3 1. In order to ensure compliance with the provisions of this Title as they relate to customs and trade-related matters, and to facilitate trade without prejudice to the need for effective control, the Parties undertake to: (a) cooperate and exchange information concerning customs legislation and procedures; 2. In order to improve working methods and to ensure transparency and efficiency of customs operations, the Parties shall: (a) ensure that the highest standards of integrity be maintained, through application of measures reflecting the principles of the relevant international conventions and instruments in this field, as provided for in each Party’s legislation; 3. The Parties agree that their respective trade and customs provisions and procedures shall be based upon: (a) legislation that avoids unnecessary burdens on economic operators, that will not hinder the fight against fraud and provides further facilitation for operators that meet high levels of compliance; 4. The Parties agree: (a) on the need for timely consultation with economic operators on substantial matters concerning legislative proposals and general procedures related to customs. To that end, appropriate consultation mechanisms between administrations and the operators shall be established by each Party; 5. Notwithstanding paragraphs 1 to 4, the administrations of both Parties shall provide mutual administrative assistance in customs matters in accordance with the provisions of the Protocol of 13 June 2001 on Mutual Administrative Assistance in Customs Matters to the Framework Cooperation Agreement.
The WTO Agreement on Implementation of Article VII of the GATT 1994, without the reserves and options provided for in Article 20 and paragraphs 2, 3 and 4 of Annex III of that Agreement, shall govern customs valuation rules applied to trade between the Parties.
1. The Parties hereby establish a Special Committee on Customs Cooperation and Rules of Origin, composed of representatives of the Parties. The Committee shall meet on a date and with an agenda agreed in advance by the Parties. The office of chairperson of the Committee shall be held alternately by each of the Parties. The Committee shall report to the Association Committee. 2. The functions of the Committee shall include: (a) monitoring the implementation and administration of Articles 79 and 80 and of Annex III and any other customs matters related to market access; 3. In order to fulfil the tasks referred to in this Article, the Parties may agree to hold ad hoc meetings.
1. The Parties agree that administrative cooperation is essential for the implementation and control of the preferences granted under this Title and reaffirm their commitment to combat irregularities and fraud related to origin, including customs classification and customs value. 2. In this regard, a Party may temporarily suspend the preferential treatment granted under this Title for a product or products in respect of which that Party determines, in accordance with this Article, that there has been systematic failure to provide administrative cooperation or fraud by the other Party. 3. For the purpose of this Article, systematic failure to provide administrative cooperation shall mean: (a) the absence of administrative cooperation, such as a failure to provide names and addresses of customs or government authorities responsible for issuing and checking certificates of origin, or specimens of stamps used to authenticate the certificates, or a failure to update that information where appropriate; 4. The Party which has made a finding of systematic failure to provide administrative cooperation or presumption of fraud shall, before applying the temporary suspension provided under this Article, supply the Association Committee with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. At the same time, it shall publish in its Official Journal a notice to the importers indicating the product or products for which a finding of systematic failure to provide administrative cooperation or presumption of fraud has been made. The legal consequences of this publication shall be governed by the domestic law of each Party. 5. Within 10 days after the day of notification of the information referred to in paragraph 4, the Parties shall hold consultations within the Association Committee. If the Parties do not reach an agreement on a solution to avoid application of the temporary suspension of the preferential treatment within 30 days from the initiation of such consultations, the Party concerned may suspend temporarily the preferential treatment of the product or products concerned. The temporary suspension shall not exceed what is necessary to protect the financial interests of the Party concerned. 6. Temporary suspensions under this Article shall be notified immediately after their adoption to the Association Committee. They shall not exceed a period of six months which may be renewed. They shall be subject to periodic consultations within the Association Committee, particularly with a view to their abolition as soon as circumstances permit.
The objective of this section is to facilitate and increase trade in goods by eliminating and preventing unnecessary barriers to trade while taking into account the legitimate objectives of the Parties and the principle of non-discrimination, within the meaning of the WTO Agreement on Technical Barriers to Trade ( “the TBT Agreement”).
The provisions of this section apply to trade in goods in the area of standards, technical regulations and conformity assessment procedures, as defined in the TBT Agreement. It does not apply to measures covered by section 5 of this Chapter. Technical specifications prepared by governmental bodies for public procurement purposes are not subject to the provisions of this section but are addressed in Title IV of this Part of the Agreement.
For the purpose of this section, the definitions of Annex I of the TBT Agreement shall apply. In this respect, the Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement, of the WTO Committee on Technical Barriers to Trade, shall also apply.
The Parties confirm their rights and obligations under the TBT Agreement and their commitment to its comprehensive implementation. In this respect and in line with the objective of this section, cooperation activities and measures pursued under this section shall be conducted with a view to enhancing and reinforcing the implementation of those rights and obligations.
With a view to fulfilling the objective of this section: 1. The Parties shall intensify their bilateral cooperation in the field of standards, technical regulations and conformity assessment with a view to facilitating access to their respective markets, by increasing the mutual knowledge, understanding and compatibility of their respective systems. 2. In their bilateral cooperation the Parties shall aim at identifying which mechanisms or combination of mechanisms are the most appropriate for particular issues or sectors. Such mechanisms include aspects of regulatory co-operation, inter alia convergence and/or equivalence of technical regulations and standards, alignment to international standards, reliance on the supplier’s declaration of conformity and use of accreditation to qualify conformity assessment bodies, and mutual recognition agreements. 3. Based on progress made in their bilateral cooperation, the Parties shall agree on what specific arrangements should be concluded with a view to implementing the mechanisms identified. 4. To this end, the Parties shall work towards: (a) developing common views on good regulatory practices, including, but not limited to:(i) transparency in the preparation, adoption and application of technical regulations, standards and conformity assessment procedures;
1. The Parties hereby establish a Special Committee on Technical Regulations, Standards and Conformity Assessment in order to achieve the objectives set out in this section. The Committee, made up of representatives of the Parties, shall be co-chaired by a representative of each Party. The Committee shall meet at least once a year, unless otherwise agreed by the Parties. The Committee shall report to the Association Committee. 2. The Committee may address any matter related to the effective functioning of this section. In particular, it shall have the following responsibilities and functions: (a) monitoring and reviewing the implementation and administration of this section. In this connection, the Committee shall draw up a work program aimed at achieving the objectives of the section and in particular those set out in Article 87;
1. The objective of this section is to facilitate trade between the Parties in the field of sanitary and phytosanitary legislation, whilst safeguarding public, animal and plant health by further implementing the principles of the WTO on the Application of Sanitary and Phytosanitary Measures (“the WTO SPS Agreement”). An additional objective of this section is to consider animal welfare standards. 2. The objectives of this section are pursued through the “Agreement on Sanitary and Phytosanitary Measures Applicable to Trade in Animals and Animal Products, Plants, Plant Products and other Goods and Animal Welfare", which is attached as Annex IV. 3. By way of derogation from Article 193, the Association Committee, when dealing with sanitary or phytosanitary measures, shall be composed of representatives of the Community and Chile with responsibility for sanitary and phytosanitary matters. This Committee shall then be called the "Joint Management Committee for Sanitary and Phytosanitary Matters". The functions of the Committee are set out in Article 16 of Annex IV. 4. For the purpose of Article 184, consultations
held under Article 16 of Annex IV shall bedeemed to constitute the consultations referred
to in Article 183, unless the Parties decide otherwise. Section 6 The Agreement on Trade in Wine and the Agreement on Trade in Spirit Drinks and Aromatised Drinks are attached as Annex V and VI, respectively.
CHAPTER III Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on trade between the Parties, nothing in this Title shall be construed to prevent the adoption or enforcement by either Party of measures which: (a) are necessary to protect public morals;
1. Unless otherwise provided by this Article, the provisions of Article XIX of the GATT 1994 and of the WTO Agreement on Safeguards are applicable between the Parties. The provisions of paragraphs 2, 3, 4, 5, 7, 8 and 9 of this Article apply only when a Party has a substantial interest as exporter of the product concerned, as defined in paragraph 10. 2. Each Party shall provide, immediately and in any case no later than seven days from the event, ad hoc written notification to the Association Committee of all pertinent information on the initiation of a safeguard investigation and on the final findings of the investigation. 3. The information provided under paragraph 2 shall include in particular an explanation of the domestic procedure on the basis of which the investigation will be carried out and an indication of the time schedules for hearings and other appropriate opportunities for interested parties to present their views on the matter. Furthermore, each Party shall provide advance written notification to the Association Committee of all pertinent information on the decision to apply provisional safeguard measures. Such notice must be received at least seven days before the application of such measures. 4. Upon notification of the final findings of the investigation and before applying safeguard measures pursuant to the provisions of Article XIX of the GATT 1994 and of the WTO Agreement on Safeguards, the Party intending to apply such measures shall refer the matter to the Association Committee for a thorough examination of the situation with a view to seeking a mutually acceptable solution. In order to find such a solution and if the Party concerned so requests, the Parties shall hold prior consultations within the Association Committee. 5. Notwithstanding paragraph 4, nothing shall prevent a Party from applying measures pursuant to the provisions of Article XIX of the GATT 1994 and of the WTO Agreement on Safeguards. 6. In the selection of safeguard measures referred to in this Article, the Parties shall give priority to those which cause least disturbance to the achievement of the objectives of this Agreement. Such measures shall not exceed what is necessary to remedy the serious injury, and shall preserve the level/margin of preference granted under this Title. 7. The Parties confirm their rights and obligations under paragraphs 1 and 2 of Article 8 of the WTO Safeguard Agreement. 8. The right of suspension referred to in Article 8(2) of the WTO Safeguard Agreement shall not be exercised between the Parties for the first 18 months that a safeguard measure is in effect, provided that the safeguard measure has been taken as a result of an absolute increase in imports and that such a measure conforms to the provisions of the WTO Safeguard Agreement. 9. Safeguard measures shall upon application be notified immediately to the Association Committee and shall be the subject of consultations once a year within the Committee, particularly with a view to their liberalisation or abolition. 10. For the purposes of this Article, it is considered that a Party has a substantial interest when it is among the five largest suppliers of the imported product during the most recent three-year period of time, measured in terms of either absolute volume or value. 11. In the event of either Party subjecting to a surveillance procedure imports of products liable to give rise to the conditions for the application of a safeguard measure pursuant to this Article, it shall inform the other Party.
1. Where compliance with the provisions of this Title leads to: (a) a critical shortage, or threat thereof, of foodstuffs or other products essential to the exporting Party; or and where the situations referred to above give rise or are likely to give rise to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in this Article. 2. In the selection of measures, priority must be given to those which leas | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
