Gi) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual
records and accounts;
Gii) safety.
3. For greater certainty, the Parties understand that, to the extent that such measures are
otherwise inconsistent with the provisions of the aforementioned Chapters/Sections:
(a) the measures referred to in point (b) of Article XX of GATT 1994 and in point (b) of paragraph 2 of this Article include environmental measures, which are necessary to protect
human, animal or plant life or health;
(b) point (g) of Article XX of GATT 1994 applies to measures relating to the conservation
of living and non-living exhaustible natural resources; and
(c) measures taken to implement multilateral environmental agreements can fall under points (b) or (g) of Article XX of GATT 1994 or under point (b) of paragraph 2 of this Article.
4. Before a Party takes any measures provided for in points (i) and (j) of Article XX of GATT 1994 that Party shall provide the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. If no agreement is reached within 30 days of providing the information, the Party may apply the relevant measures. Where exceptional and critical circumstances requiring immediate action that makes prior information or examination impossible, the Party intending to take the measures may apply forthwith precautionary measures necessary to deal with the situation. That Party shall inform the other Party immediately thereof.
Article 32.2. Security Exceptions
1. Nothing in this Agreement shall be construed:
(a) to require a Party to furnish or allow access to any information the disclosure of which
it considers contrary to its essential security interests; or
(b) to prevent a Party from taking an action which it considers necessary for the protection
of its essential security interests:
(ij) connected to the production of or traffic in arms, ammunition and implements of war and to such traffic and transactions in other goods and materials, services and technology, and to economic activities, carried out directly or indirectly for the
purpose of supplying a military establishment;
Gi) relating to fissionable and fusionable materials or the materials from which they
are derived; or
(ii) taken in time of war or other emergency in international relations; or
(c) to prevent a Party from taking any action in pursuance of its obligations under the
United Nations Charter for the maintenance of international peace and security.
2. The Trade Committee shall be informed to the fullest extent possible of
measures taken under paragraphs 1(b) and (c) and of their termination.
Article 32.3. Taxation
1. For the purposes of this Article:
(a) "residence" means residence for tax purposes;
(b) âtax agreement" means an agreement for the avoidance of double taxation or any other
international agreement or arrangement relating wholly or mainly to taxation to which
the European Union or its Member States or Chile is party; and
(c)
"taxation measure" means a measure in application of the tax legislation of the
European Union, of its Member States or Chile.
This Agreement applies to taxation measures only in so far as such application is
necessary to give effect to the provisions of this Agreement.
Nothing in this Agreement shall affect the rights and obligations of the European Union, of its Member States or of Chile under any tax agreement. In the event of any inconsistency between this Agreement and any such tax agreement, the tax agreement shall prevail to the extent of the inconsistency. With regard to a tax agreement between the European Union or its Member States and Chile, the relevant competent authorities, of the European Union and/or of its Member States, on the one hand, and of Chile, on the other hand, under this Agreement and that tax agreement shall jointly determine
whether an inconsistency exists between this Agreement and the tax agreement.
Any most-favoured-nation obligation in this Agreement shall not be applicable with respect to an advantage accorded by the European Union, by its Member States or by
Chile pursuant to a tax agreement.
Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade and investment, nothing in this Agreement shall be construed to prevent the adoption, maintenance or enforcement by a Party of any measure aimed at ensuring the equitable or effective imposition or
collection of direct taxes that:
(a) _ distinguishes between taxpayers, who are not in the same situation, in particular with regard to their place of residence or with regard to the place where their capital is
invested; or
(b) aims at preventing the avoidance or evasion of taxes pursuant to the provisions
of any tax agreement or domestic fiscal legislation.
Article 32.4. Disclosure of Information
1. Nothing in this Agreement shall be construed to require a Party to make available confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private except where a panel requires such confidential information in dispute settlement proceedings under Chapter 31 [Dispute Settlement]. In such cases, the panel shall ensure that confidentiality is fully protected.
2. When a Party submits information to the Trade Committee or to specialised committees which is considered as confidential under its laws and regulations, the other Party
shall treat that information as confidential, unless the submitting Party agrees otherwise.
Article 32.5. WTO Waivers
If an obligation in this Agreement is substantially equivalent to an obligation contained in the WTO Agreement, any measure taken in conformity with a waiver adopted pursuant to Article IX of the WTO Agreement is deemed to be in conformity with the substantively equivalent
provision in this Agreement.
Chapter 33. INSTITUTIONAL AND FINAL PROVISIONS
Section SECTION a Institutional Provisions
Article 33.1. The Trade Council
1. A Trade Council is hereby established, which shall oversee the fulfilment of the objectives of this Agreement and supervise its implementation. It shall examine any major
issues arising within the framework of this Agreement.
2. The Trade Council shall meet at regular intervals, normally on a biennial basis or as
otherwise mutually agreed.
3. The Trade Council shall be composed of representatives designated by Chile and the European Union with responsibility for trade matters. The Trade Council shall be co-chaired
by a representative of the Union and a representative of Chile.
4. The Trade Council shall have the power to adopt decisions in the cases provided for in this Agreement, and to make appropriate recommendations, in accordance with its rules of procedure. The Trade Council shall adopt its decisions and recommendations by mutual agreement. Decisions shall be binding on the Parties, which shall take all necessary measures to implement them. A decision shall take effect on the date agreed by the Trade Council.
5. | The Trade Council shall establish its own rules of procedure at its first session. It shall also establish the rules of procedure of the Trade Committee. 6. The Trade Council may:
(a) delegate any of its functions to the Trade Committee, including the power to take binding decisions;
(b) adopt decisions to amend this Agreement in the following casesâ:
ii.
iii.
iv.
vi.
vii.
viii.
xi.
Annex XXX (Elimination of Customs Duties), with the object of
incorporating one or more goods into the tariff reduction schedule;
the Schedules attached to Annex XXX (Elimination of Customs Duties) in order to accelerate tariff dismantling;
Appendix XXX, Appendix XXX and Appendix XXX to Annex XXX (Elimination of Customs Duties);
Rules of Origin /to be specified]; Annex XXXX (Government Procurement); Annex XXXX (Protected Geographical Indications);
Annex XX (Equivalency [SPS chapter]); Annex XX (Rules of Procedure [Dispute Settlement chapter])
Annex XX (Code of Conduct for Panelists and Mediators [Dispute Settlement chapter]);
Annex XXI (Sub-Committees); and
Any other provision, protocol, appendix or annex, for which the possibility
of such decision is explicitly foreseen in this Agreement.
(c) adopt decisions to issue binding interpretations of the provisions of this Agreement.
Such interpretations shall be binding on the Parties and all bodies established under this
Agreement, including the panels referred to under Chapter 31 (Dispute Settlement).
1 Chile shall implement any decisions adopted by the Trade Council through acuerdos de ejecucién (executive agreements), in accordance with Chilean law.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Article 33.2. The Trade Committee
A Trade Committee is hereby established. The Trade Committee shall be responsible for the general implementation of this Agreement.
The Trade Committee shall be composed of representatives of the European Union and Chile with responsibility for trade-related matters. The Trade Committee shall be
co-chaired by a representative of the European Union and a representative of Chile.
The Trade Committee shall: assist the Trade Council in the performance of its duties;
be responsible for the proper implementation and application of the provisions of this Agreement. In this respect, and without prejudice to the rights established in Chapter 31 (Dispute Settlement) of this agreement, any Party may refer for discussion within the Trade Committee any issue relating to the application or interpretation of this Agreement;
oversee the further elaboration of the provisions of this Agreement as necessary and evaluate the results obtained from its application;
seek appropriate ways of preventing and solving problems which might otherwise arise in areas covered by this Agreement;
supervise the work of all Sub-Committees established under the this Agreement;
have the power to adopt decisions by mutual agreement in the cases provided for in this Agreement or where such power has been delegated to it by the Trade Council. They shall be binding on the Parties specified by the decision, which shall take all necessary measures to implement them. When exercising delegated powers, the Trade Committee shall take its decisions in accordance with the Rules of Procedure of the Trade Council;
have the power to adopt recommendations by mutual agreement in the cases provided for in this Agreement, or where such power has been delegated to it by the Trade Council; and
(h) examine any effects on this Agreement of the accession of a new Member Stater to the European Union.
4. In the performance of its duties under paragraph 3, the Trade Committee may:
(a) establish additional Sub-Committees and other bodies from those established in this Agreement, composed of representatives of the European Union and of Chile, and assign them responsibilities within its competence. It may also decide to modify the functions that are assigned to the Sub-Committees and other bodies it establishes, as
well as dissolve them;
(b) adopt the decisions to amend the Agreement or to issue the interpretations referred to in Article 33.1 in between meetings of the Trade Council, when the Trade
Council cannot meet or when the Agreement so provides.â
5. The Trade Committee shall meet once a year, or as otherwise decided by mutual agreement. The meeting shall take place on a date and with an agenda agreed in advance by Chile and the European Union, in Brussels and Santiago alternately. Special meetings may be convened, by mutual agreement. Meetings may also be held
through any technological means accepted in the rules of procedure.
Article 33.3. Coordinators
1. The European Union and Chile shall appoint a Coordinator for this Agreement, within sixty days after the entry into force of this Agreement and notify each other the contact details.
2. The coordinators shall jointly establish the agenda and conduct all other necessary preparations for the meetings of the Trade Council and the Trade Committee
? Chile shall implement any decisions adopted by the Trade Committee through acuerdos de ejecucién (executive agreements), in accordance with Chilean law.
according to the above provisions, and shall follow-up on the decisions of such
bodies, as appropriate.
Article 33.4. Sub-Committees and other Bodies
1. The Trade Committee may establish Sub-Committees or other bodies to assist in the performance of its duties and to address specific tasks or subject matters. It may change the tasks assigned to, or dissolve, any Sub-Committee or body set up by it pursuant to this paragraph.
2. The Trade Council may also establish the bodies referred to in paragraph 1, by mutual
agreement.
3. The Parties hereby establish the following Sub-Committees and other bodies:
(a) Sub-Committee on Customs Trade Facilitation and Rules of Origin (b) Sub-Committee on Sanitary and Phytosanitary Measures
(c) Sub-Committee on Services and Investment
(d) Sub-Committee on Financial Services
(e) (list all the other Sub committees established by this Agreement)
4. Sub-Committees and other bodies shall be composed of representatives of the European Union, on the one part, and of representatives of Chile, on the other part, and shall be co-chaired by both Parties.
5. Except as otherwise provided for in this Agreement, or as agreed between the Parties, Sub-Committees shall meet within a year of the date of entry into force of this Agreement and, thereafter, at the request of either Party or of the Trade Committee, at an appropriate level. They may also convene at their own initiative, subject to any relevant requirements that
may be established in their respective rules of procedure. Meetings shall take place in person
or by any technological means agreed by its members. When in person, meetings shall be held alternately in Brussels or Santiago.
6. Except as otherwise provided for in this Agreement, Sub-Committees and other bodies established pursuant to this Article shall report on their activities to the Trade Committee, regularly or when requested.
7. The circumstance that any matter or issue is being considered by any of the Sub- Committees shall not prevent the Trade Committee or the trade Council from dealing with the
same question.
8. The Trade Committee may establish the rules of procedure of the Sub-Committees, if it deems so appropriate. As long as the Trade Committee does not establish their rules of
procedure, the rules of procedure for the Trade Committee shall apply mutatis mutandis.
9. The Sub-Committees and other bodies may make appropriate recommendations in the cases provided for under this Agreement. Recommendations shall be made by mutual
consent.
Article 33.5. Participation of Civil Society
The Parties shall promote the participation of civil society in the implementation of this Agreement, in particular through interaction with the Civil Society Forum referred to in Articles 33.7, and with their respective Domestic Consultative Group, referred to in Article 33.6.
Article 33.6. Domestic Consultative Groups
1. Chile and the European Union shall each create or designate a Domestic Consultative Group within two years from the entry into force of this Agreement. Each of them shall
comprise a balanced representation of independent civil society organisations, namely, non- governmental organisations, trade unions, and business and employersâ organisations. For these purposes, Chile and the European Union shall each establish their own appointment tules in order to determine the composition of their respective Domestic Consultative Group, enabling opportunities of access to actors coming from different sectors. The membership of each Domestic Consultative Group shall be renewed at periodic intervals, in accordance with
the appointment rules established in conformity with this paragraph.
2. Chile and the European Union shall each meet with their respective Domestic Consultative Group at least once a year, in order to discuss about the implementation of this Agreement. Chile and the European Union may consider views or recommendations
submitted by its respective Domestic Consultative Group.
3. In order to promote public awareness about the Domestic Consultative Groups, Chile and the European Union shall each publish the list of organisations participating in its
respective Group, as well as its contact point.