2. The Trade Council shall meet within a year of the date of entry into force of this Agreement, and thereafter on a biennial basis, or as otherwise agreed by the Parties. The meetings of the Trade Council shall take place in person or by any technological means in accordance with its rules of procedure. Meetings that take place in person shall be held in Brussels and Santiago alternately. The agenda of a meeting of the Trade Council shall be established by the coordinators of this Agreement, pursuant to Article 33.3(2).
3. The Trade Council shall be composed of representatives of the Parties with responsibility for trade and investment matters. The Trade Council shall be co-chaired by a representative of each Party.
4. The Trade Council shall have the power to adopt decisions in the cases provided for in this Agreement and to make recommendations, in accordance with its rules of procedure. The Trade Council shall adopt its decisions and make recommendations by mutual agreement. Decisions shall be binding on the Parties, which shall take all necessary measures to implement those decisions (1). Recommendations shall have no binding force.
5. The Trade Council shall establish its own rules of procedure and the rules of procedure of the Trade Committee at its first meeting.
6. The Trade Council may:
(a) adopt decisions to amend:
(i) the tariff schedules in Appendices 2-1 and 2-2 in order to accelerate tariff dismantling;
(ii) Chapter 3 and Annexes 3-A to 3-E;
(iii) Annexes 6-F and 6-G, and Appendix 6-E-1;
(iv) Annexes 9-A, 9-D, 9-E, and paragraph 1 of Annex 9-B;
(v) Annex 14-B;
(vi) Annex 22;
(vii) the definition of "subsidy" in Article 24.2(1) insofar as it relates to enterprises supplying services, with a view to incorporating the outcome of future discussions in the WTO or related plurilateral fora on that matter;
(viii) Annex 25-A as regards the references to the law applicable in the Parties;
(ix) Annex 25-B as regards the criteria to be included in the opposition procedure;
(x) Annex 25-C as regards the geographical indications;
(xi) Annexes 31-A and 31-B; and
(xii) any other provision, annex, appendix or protocol, the amendment of which is provided for in this Agreement;
(b) adopt decisions to issue interpretations of the provisions of this Agreement, which shall be binding on the Parties and all bodies established under this Agreement and the panels referred to in Chapters 26 and 31;
(c) delegate any of its functions to the Trade Committee, including the power to adopt decisions and to make recommendations;
(d) establish additional Sub-Committees and other bodies pursuant to Article 33.4(2); and
(e) if it deems it appropriate, establish the rules of procedure of the Sub-Committees and other bodies pursuant to Article 33.4(7).
Article 33.2. Trade Committee
1. The Parties hereby establish a Trade Committee. The Trade Committee shall assist the Trade Council in the performance of its functions.
2. The Trade Committee shall be responsible for the general implementation of this Agreement. The circumstance that a matter or issue is being considered by the Trade Committee shall not prevent the Trade Council from also dealing with it.
3. The Trade Committee shall meet within a year of the date of entry into force of this Agreement, and thereafter once a year, or as otherwise agreed by the Parties. The meetings of the Trade Committee shall take place in person or by any technological means in accordance with its rules of procedure. Meetings that take place in person shall be held in Brussels and Santiago alternately. The agenda of a meeting of the Trade Committee shall be established by the coordinators of this Agreement, pursuant to Article 33.3(2).
4. The Trade Committee shall be composed of representatives of the Parties with responsibility for trade and investment matters. The Trade Committee shall be co-chaired by a representative of each Party.
5. The Trade Committee shall have the power to adopt decisions in the cases provided for in this Agreement or when such power has been delegated to it by the Trade Council pursuant to subparagraph (c) of Article 33.1(6). The Trade Committee shall also have the power to make recommendations, including when that power has been delegated pursuant to subparagraph (c) of Article 33.1(6). The Trade Committee shall adopt its decisions and make recommendations by mutual agreement and in accordance with its rules of procedure. When exercising delegated functions, the Trade Committee shall adopt its decisions and make recommendations in accordance with the rules of procedure of the Trade Council. Decisions shall be binding on the Parties, which shall take all necessary measures to implement those decisions (1). Recommendations shall have no binding force.
6. The Trade Committee shall:
(a) be responsible for the proper implementation of this Agreement; in this respect, and without prejudice to the rights established under Chapter 31, a Party may refer for discussion within the Trade Committee any issue relating to the application or interpretation of this Agreement;
(b) oversee the further elaboration the provisions of this Agreement as necessary and evaluate the results obtained from its application;
(c) seek appropriate ways of preventing and solving problems, which might otherwise arise in areas covered by this Agreement;
(d) supervise the work of all Sub-Committees established under Article 33.4; and
(e) examine any effect on this Agreement of the accession of a new Member State to the European Union.
7. The Trade Committee may:
(a) establish additional Sub-Committees and other bodies pursuant to Article 33.4(2);
(b) adopt decisions to amend this Agreement pursuant to subparagraph (a) of Article 33.1(6) and to issue the interpretations referred to in subparagraph (b) of Article 33.1(6) in between meetings of the Trade Council, when the Trade Council cannot meet or as otherwise provided for in this Agreement; and
(c) establish the rules of procedure of the Sub-Committees and other bodies, if it deems so appropriate, pursuant to Article 33.4(7).
Article 33.3. Coordinators
1. Each Party shall appoint a coordinator for this Agreement, within 60 days of the date of entry into force of this Agreement, and notify the other Party of the contact details of that coordinator.
2. The coordinators shall jointly establish the agenda and conduct all other necessary preparations for the meetings of the Trade Council, the Trade Committee, and the Sub-Committees and other bodies established pursuant to Article 33.4. The coordinators shall follow-up on the decisions of the Trade Council and the Trade Committee, as appropriate.
Article 33.4. Sub-Committees and other Bodies
1. The Parties hereby establish the following Sub-Committees:
(a) the Sub-Committee on Customs, Trade Facilitation and Rules of Origin;
(b) the Sub-Committee on Financial Services;
(c) the Sub-Committee on Intellectual Property;
(d) the Sub-Committee on Public Procurement;
(e) the Sub-Committee on Sanitary and Phytosanitary Measures;
(f) the Sub-Committee on Services and Investment;
(g) the Sub-Committee on Sustainable Food Systems;
(h) the Sub-Committee on Technical Barriers to Trade;
(i) the Sub-Committee on Trade in Goods; and
(j) the Sub-Committee on Trade and Sustainable Development.
2. The Trade Council or the Trade Committee may adopt a decision to establish an additional Sub-Committee or other body. The Trade Council or the Trade Committee may assign to a Sub-Committee or other body established pursuant to this paragraph tasks within their respective competence to assist in the performance of their respective functions and to address specific tasks or subject matters. The Trade Council or the Trade Committee may change the tasks assigned to, or dissolve, any Sub-Committee or other body established pursuant to this paragraph.
3. Sub-Committees and other bodies shall be composed of representatives of the Parties and shall be co-chaired by a representative of each Party.
4. Except as otherwise provided for in this Agreement or as otherwise agreed by the Parties, Sub-Committees shall meet within a year of their establishment and, thereafter, on request of either Party or of the Trade Council or the Trade Committee, at an appropriate level. Sub-Committees may also convene at their own initiative, subject to their respective rules of procedure. The meetings of the Sub-Committees shall take place in person or by any technological means in accordance with their respective rules of procedure. Meetings that take place in person shall be held in Brussels and Santiago alternately. The agenda of a meeting of the Sub-Committees and other bodies shall be established by the coordinators of this Agreement, pursuant to Article 33.3(2).
5. Except as otherwise provided for in this Agreement, Sub-Committees and other bodies shall report on their activities to the Trade Committee regularly, as well as on request of the Trade Committee.
6. The circumstance that a matter or issue is being considered by any of the Sub-Committees or other bodies shall not prevent the Trade Council or the Trade Committee from also dealing with it.
7. The Trade Council or the Trade Committee may establish rules of procedure of the Sub-Committees and other bodies, if it deems it appropriate. If the Trade Council or the Trade Committee does not establish such rules of procedure, the rules of procedure for the Trade Committee shall apply mutatis mutandis.
8. The Sub-Committees and other bodies may make recommendations, in accordance with their respective rules of procedure. The Sub-Committees and other bodies shall make recommendations by mutual agreement. Recommendations of the Sub-Committees and other bodies shall have no binding force.
Article 33.5. Participation of Civil Society
Each Party shall promote the participation of civil society in the implementation of this Agreement, in particular through interaction with the respective Domestic Consultative Group referred to in Article 33.6, and with the Civil Society Forum referred to in Article 33.7.
Article 33.6. Domestic Consultative Groups
1. Each Party shall create or designate a Domestic Consultative Group within two years of the date of entry into force of this Agreement. Each Domestic Consultative Group shall comprise a balanced representation of independent civil society organisations, including non-governmental organisations, trade unions, and business and employers' organisations. For that purpose, each Party shall establish its own appointment rules in order to determine the composition of the respective Domestic Consultative Group, providing opportunities of access to actors from different sectors. The membership of each Domestic Consultative Group shall be renewed at periodic intervals, in accordance with the appointment rules established pursuant to this paragraph.
2. Each Party shall meet with its respective Domestic Consultative Group at least once a year in order to discuss the implementation of this Agreement. Each Party may consider views or recommendations submitted by its respective Domestic Consultative Group.
3. In order to promote public awareness of its respective Domestic Consultative Group, each Party shall publish a list of the organisations participating in its respective Domestic Consultative Group, as well as its contact information.
4. The Parties shall promote interaction between the Domestic Consultative Groups, through appropriate means.
Article 33.7. Civil Society Forum
1. The Parties shall promote the regular organisation of a Civil Society Forum to conduct a dialogue on the implementation of this Agreement.
2. The Parties shall convene meetings of the Civil Society Forum by mutual agreement. When convening a meeting of the Civil Society Forum, each Party shall invite independent civil society organisations established in its territory, including the members of its respective Domestic Consultative Group referred to in Article 33.6. Each Party shall promote a balanced representation, allowing for the participation of non-governmental organisations, trade unions, and business and employers' organisations. Each organisation shall bear the costs associated with its participation in the Civil Society Forum.
3. Representatives of the Parties participating in the Trade Council or in the Trade Committee shall, as appropriate, take part in the meetings of the Civil Society Forum. The Parties shall, jointly or individually, publish any formal statements made at the Civil Society Forum.
Section B. FINAL PROVISIONS
Article 33.8. Territorial Application
1. This Agreement applies:
(a) with respect to the European Union, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied, and under the conditions laid down in those Treaties; and
(b) with respect to Chile, to the land, maritime, and air space under its sovereignty, and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international law (1) and the law of Chile (2).
References to "territory" in this Agreement shall be understood in accordance with this paragraph, except as otherwise expressly provided in this Agreement.
2. As regards the provisions concerning the tariff treatment of goods, including rules of origin and the temporary suspension of such treatment, this Agreement also applies to those areas of the customs territory of the European Union within the meaning of Article 4 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (1) that are not covered by subparagraph (a) of paragraph 1 of this Article.
Article 33.9. Entry Into Force
1. This Agreement shall enter into force on the first day of the third month following the date of the last notification by which the Parties inform each other of the completion of their respective internal procedures required for the entry into force of this Agreement.
2. Notifications made in accordance with paragraph 1 shall be sent, for the European Union, to the Secretary General of the Council of the European Union, and, for Chile, to the Ministry of Foreign Affairs.
Article 33.10. Amendments
1. The Parties may agree, in writing, to amend this Agreement. Amendments shall enter into force in accordance with Article 33.9, mutatis mutandis.
2. Notwithstanding paragraph 1 of this Article, the Trade Council may adopt decisions to amend this Agreement in the cases referred to in subparagraph (a) of Article 33.1(6) and in Article 33.13(4).
Article 33.11. Other Agreements
1. Part IV of the Association Agreement, including any decisions taken under its Institutional Framework, shall cease to have effect upon the entry into force of this Agreement.
2. This Agreement replaces Part IV of the Association Agreement, including any decisions taken under its Institutional Framework. References to the Association Agreement, including any decisions taken under its Institutional Framework, in all other agreements and understandings between the Parties shall be construed as referring to this Agreement.
3. Existing agreements falling within the scope of this Agreement shall cease to have effect upon the entry into force of this Agreement.
4. The Agreement on Trade in Wines in Annex V to the Association Agreement ("Wine Agreement") and the Agreement on Trade in Spirit Drinks and Aromatised Drinks in Annex VI to the Association Agreement ("Spirits Agreement") (1), including all appendices, are incorporated into and made part of this Agreement, mutatis mutandis and as follows:
(a) references in the Wine Agreement and the Spirits Agreement to the dispute settlement mechanism referred to in Part IV of the Association Agreement, as well as to the Code of Conduct referred to in Annex XVI to the Association Agreement, are to be read as referring to the dispute settlement mechanism provided for in Chapter 31 and to the Code of Conduct provided for in Annex 31-B, respectively, of this Agreement;
(b) references in the Wine Agreement and the Spirits Agreement to the Community are to be read as referring to the European Union;
(c) references in the Wine Agreement and the Spirits Agreement to the Association Committee established by the Association Agreement are to be read as referring to the Trade Committee established pursuant to Article 33.2 of this Agreement;
(d) references in the Wine Agreement and the Spirits Agreement to Annex IV of the Association Agreement are to be read as references to Chapter 6 of this Agreement;
(e) for greater certainty, the Joint Committee established by Article 30 of the Wine Agreement and the Joint Committee established by Article 17 of the Spirits Agreement are to remain in place, and are to continue exercising the functions indicated in Article 29 of the Wine Agreement and in Article 16 of the Spirits Agreement; and
(f) for greater certainty, Article 1.5(2) of this Agreement applies to the Wine Agreement and to the Spirits Agreement.
5. Any decision taken under the Institutional Framework of the Association Agreement concerning the Wine Agreement or the Spirits Agreement that is in force upon the entry into force of this Agreement shall be deemed to have been adopted by the Trade Committee, established pursuant to Article 33.2 of this Agreement.
6. The Parties may amend the appendices to the Wine Agreement and to the Spirits Agreement, as incorporated, by exchange of letters (1).
Article 33.12. Annexes, Appendices, Protocols, Notes and Footnotes
The annexes, appendices, protocols, notes and footnotes to this Agreement shall form an integral part thereof.
Article 33.13. Future Accessions to the European Union
1. The European Union shall notify Chile of any request for accession of a third country to the European Union.
2. The European Union shall notify Chile of the date of the signature and of the entry into force of the accession treaty of a new Member State to the European Union ("Accession Treaty").
3. In respect of a new Member State, this Agreement shall apply as from the date of accession of that new Member State to the European Union.
4. In order to facilitate the implementation of paragraph 3 of this Article, as from the date of signature of an Accession Treaty, the Trade Committee shall examine any effects on this Agreement deriving from the accession of a new Member State to the European Union, pursuant to subparagraph (e) of Article 33.2(6). The Trade Council shall adopt a decision on any necessary amendments to the Annexes to this Agreement, and on any other necessary adaptations, including transitional measures. Any decision of the Trade Council adopted pursuant to this paragraph shall take effect on the date of accession of that new Member State to the European Union.
Article 33.14. Private Rights
1. Nothing in this Agreement shall be construed as directly conferring rights or imposing obligations on persons, other than rights or obligations created between the Parties under public international law, or as allowing this Agreement to be directly invoked in the legal systems of the Parties.
2. A Party shall not provide for a right of action under the law of that Party against the other Party on the grounds that a measure of the other Party is inconsistent with this Agreement.
Article 33.15. Private Rights
This Agreement shall remain in force until the date of entry into force of the Advanced Framework Agreement.
Article 33.16. Termination
Notwithstanding Article 33.15, either Party may notify the other Party of its intention to terminate this Agreement. That notification shall be sent, for the European Union, to the Secretary-General of the Council of the European Union and, for Chile, to the Ministry of Foreign Affairs. The termination shall take effect six months after the date of that notification.
Article 33.17. Authentic Texts
This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
Conclusion
IN WITNESS WHEREOF, the undersigned, duly authorised to this effect, have signed this Agreement.
Done at …, this … day of … in the year …
For the European Union For the Republic of Chile
Attachments
ANNEX 10-A. RESERVATIONS FOR EXISTING MEASURES
Headnotes
1. The schedules of the Parties in Appendices 10-A-1 and 10-A-2 set out, pursuant to Articles 10.11 and 11.8, the reservations taken by the Parties with respect to existing measures that do not conform with obligations imposed by:
(a) Article 11.6;
(b) Article 10.6 or 11.4;
(c) Article 10.8;
(d) Article 10.10; or
(e) Article 10.9.
2. The reservations of a Party are without prejudice to the rights and obligations of the Parties under GATS.
3. Each reservation sets out the following elements:
(a) "sector" refers to the general sector in which the reservation is taken;
(b) "sub-sector" refers to the specific sector in which the reservation is taken;
(c) "industry classification" refers, where applicable, to the activity covered by the reservation according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described in that reservation;
(d) "type of reservation" specifies the obligation referred to in paragraph 1 of this Annex for which the reservation is taken; (e) "level of government" indicates the level of government maintaining the measure for which the reservation is taken;
(f) "measures" identifies the laws or other measures as qualified, where indicated, by the "description" element for which the reservation is taken; a "measure" cited in the "measures" element:
(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement;
(ii) includes any subordinate measure adopted or maintained under the authority of, and consistent with, the measure; and
(iii) in respect of the schedule of the European Union, includes any laws or other measures which implement a directive at Member State level; and
(g) "description" sets out the non-conforming aspects of the existing measure for which the reservation is taken.
4. For greater certainty, if a Party adopts a new measure at a level of government different to that at which the reservation was originally taken, and that new measure effectively replaces, within the territory to which it applies, the non-conforming aspect of the original measure cited in the "measures" element, the new measure shall be deemed to constitute a modification to the original measure within the meaning of subparagraph (c) of Article 10.11(1) or subparagraph (c) of Article 11.8(1).
5. In the interpretation of a reservation, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant obligations laid down in the Chapters or Sections against which the reservation is taken. The "measures" element shall prevail over all other elements.
6. For the purposes of the schedules of the Parties, "ISIC Rev. 3.1" means the International Standard Industrial Classification of All Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 4, ISIC Rev. 3.1, 2002.
7. For the purposes of the schedules of the Parties, a reservation for a requirement to have a local presence in the territory of the Parties is taken with respect to Article 11.6, and not with respect to Article 11.4 or, in Annex 10-C, with respect to Article 11.7. Furthermore, such a requirement is not taken as a reservation with respect to Article 10.6.
8. A reservation taken at the level of the European Union applies to a measure of the European Union, to a measure of a Member State at the central level or to a measure of a government within a Member State, unless the reservation excludes a Member State. A reservation taken by a Member State applies to a measure of a government at the central, regional or local level within that Member State. For the purposes of the reservations of Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers. For the purposes of the reservations of the European Union and its Member States, a regional level of government in Finland means the Åland Islands. A reservation taken at the level of Chile applies to a measure of the central government or a local government.
9. The schedules of the Parties do not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures where they do not constitute a limitation within the meaning of Article 10.6, 11.4 or 11.6. Those measures may include, in particular, the need to obtain a licence, to satisfy universal service obligations, to have recognised qualifications in regulated sectors, to pass specific examinations, including language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, to have a local agent for service, or to maintain a local address, or any other non-discriminatory requirements that certain activities may not be carried out in protected zones or areas. Although they are not listed in this Annex, such measures continue to apply.