4. Chile and the European Union shall promote the interaction between their respective
Domestic Consultative Groups, through the means they consider appropriate.
Article 33.7. Civil Society Forum
1. Chile and the European Union shall promote the regular organisation of a Civil Society Forum to conduct a dialogue on the implementation of this agreement. It shall be
convoked by mutual agreement.
2. When convening a meeting of the Civil Society Forum, Chile and the European Union shall each invite independent civil society organisations established in the territories of the Parties, including members of the Domestic Consultative Groups referred to in Article 33.6. Chile and the European Union shall each promote a balanced representation, allowing for the
participation of non-governmental organisations, trade unions, and business and employersâ
organisations. Each organisation shall bear the costs associated with its participation in the
Forum.
3. Representatives of Chile and of the European Union participating in the Trade Council, or in the Trade Committee, shall be convened to the meetings of the Civil Society Forum, in order to engage in a dialogue with the latter. The Parties shall, jointly or
individually, publish any formal statements made at the Forum.
Section SECTION B FINAL PROVISIONS
Article 33.8. Territorial Application1. this Agreement Shall Apply:
a) With respect to the Union, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applicable,
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? and its
domestic lawâ.
References to âterritoryâ in this Agreement shall be understood in this sense, except as
otherwise expressly provided.
3 For greater certainty, international law includes, in particular, the United Nations Convention on the Law of the Sea of 10 December 1982.
4 For greater certainty, in case of an inconsistency between domestic law and international law, the latter shall prevail.
2. As regards those provisions concerning the tariff treatment of goods, including rules of origin and the temporary suspension of this treatment, this Agreement shall also apply with respect to the Union to those areas, not covered by subparagraph 1(a), of the customs territory of the Union, as defined by Article 4 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, or
any amendments thereof.
Article 33.9. Amendments1. the Parties May Agree, In Writing, to Amend this Agreement. such Amendments Shall
enter into force in accordance with the provisions of Article 33.10 [Entry into force].
2. The Trade Council or the Trade Committee, as appropriate, may adopt decisions to amend the Agreement in the cases referred to under Article 33.1 [Trade Council], Article 33.2 [The Trade Committee] and paragraph 5 of Article 33.13 [Accession of new Member States of the European Union] of this Chapter.
Article 33.10. Entry Into Force1. the Parties Shall Notify Each other of the Completion of Their Respective Internal
procedures required for the entry into force of this treaty.
2. This Agreement shall enter into force on the first day of the second month following the date on which the Parties have notified each other of the completion of their respective
internal procedures for that purpose.
3. Notifications made in accordance with this Article shall be sent, in the case of the European Union, to the General Secretariat of the Council of the European Union or its successor, and in the case of Chile, to the Chilean Ministry of Foreign Affairs.
Article 33.11. Other Agreements
1. Part IV of the Agreement establishing an Association between the European Community and its Member States, of the one part, and Chile, of the other part, signed in Brussels on 18 November 2002, shall cease to have effect upon the entry into force of this
Agreement.
2. This Agreement replaces Part IV of the aforementioned Agreement. References to the aforementioned Agreement in all other agreements between the Parties shall be construed as
referring to this Agreement.
3. Existing agreements falling within the scope of this Agreement shall be listed in this Agreement. The effect of this Agreement on such existing agreements shall be defined in this
Agreement.
4. By way of exception from Article 33.16 (Duration) and unless otherwise agreed by the Parties, decisions and recommendations adopted by the bodies established under Articles 33.1, 33.2 and 33.4 of this Agreement shall remain in force and continue to produce effects under the Advanced Framework Agreement. Upon the entry into force of the Advanced Framework Agreement, the decisions and recommendations of the Trade Council shall be considered to be decisions and recommendations of the Joint Council established under Article 53 of Part IV of the Advanced Framework Agreement and decisions and recommendations of the Trade Committee shall be considered to be decisions and recommendations of the Joint Committee established under Article 54 of Part IV of the
Advanced Framework Agreement.
5. Notwithstanding Article 33.16 (Duration):
(a) temporary measures adopted pursuant to Article 20.5 of this Agreement
(Temporary Safeguard Measures), which are in place on the date of entry into force of
the Advanced Framework Agreement, shall remain applicable until their natural
expiration;
(b) _ bilateral safeguard measures adopted pursuant to Section C of Chapter 5 of this Agreement which are in place on the date of entry into force of the Advanced
Framework Agreement, shall remain applicable until their natural expiration;
(c) dispute settlement procedures already initiated pursuant to Article 30.6 of this Agreement shall, as from the date of entry into force of the Advanced Framework Agreement, be deemed to be a dispute under the Advanced Framework Agreement
and shall continue until their completion; and
(d) the binding outcome of any dispute settlement procedure initiated pursuant to Article 31.4 of this Agreement shall remain binding on the Parties after the date of
entry into force of the Advanced Framework Agreement.
6. The Parties to this Agreement shall not be able to bring dispute settlement proceedings under the Advanced Framework Agreement on matters that have been the
subject of a final panel report under Chapter 31 of this Agreement.
7. Transitional periods already completely or partially elapsed under this Agreement shall be taken into account when calculating transitional periods provided for in equivalent provisions under the Advanced Framework Agreement. Such transitional periods under the Advanced Framework Agreement shall be calculated starting from the date of entry into force of this Agreement.
Article 33.12. Annexes, Appendices, Protocols and Notes, Footnotes and Joint Declarations
The [tbc: Annexes, Appendices, Protocols and Notes, Footnotes and Joint Declarations] to this Agreement constitute integral parts thereof.
Article 33.13. Accession of New Member States to the European Union
1. The European Union will inform Chile of any request for accession of a third country
to the European Union.
2. The European Union shall notify Chile of the signature of any Treaty concerning the
accession of a third country to the European Union ("Accession Treaty").
3. This Agreement shall apply in respect of the new Member State of the European Union from the date of accession of that new Member State to the European Union.
4. In order to facilitate the implementation of paragraph 4, as from the date of signature of the Accession Treaty, the Trade Committee shall examine any effects of the accession on this Agreement. The Trade Committee shall decide on any necessary amendments to Annexes [X, XX, XXX] to this Agreement, and on any other necessary adjustments or transitional measures. Any decision of the Trade Committee shall take effect on the date of
accession of the 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 those created between the Parties under public international law, nor as permitting this Agreement to be directly invoked in the domestic legal systems of the Parties.
1. A Party shall not provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement.
Article 33.15. 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.
Article 33.16. Duration
This Agreement shall remain in force until the entry into force of the Advanced Framework
Agreement.
Article 33.17. Termination
Either Party may notify in writing the other Party of this Agreement of its intention to terminate this Agreement. The termination shall take effect six months after the date of the
notification.
EXPLANATORY NOTE ON THE EU OFFER FOR SERVICES AND INVESTMENT TO CHILE
1. The present document contains the revised offer of the European Union (EU) for Services and Investment in the context of the negotiations of a Free Trade Agreement with Chile. This Schedule, which covers all modes of supply of services as well as investment in non-services, is divided into 7
documents: - Explanatory note - Annex I Existing Measures - Annex I Future Measures - Annex II Commitments for Market access (positive list)
- Annex IV Business Visitors for Establishment Purposes, Intra-Corporate Transferees, and
Short Term Business Visitors - Annex V Contractual Services Suppliers and Independent Professionals - Annex VI Financial services
2. The European Union reserves the right to modify or withdraw this offer, in whole or in part, to make technical changes and to correct any errors, omissions or inaccuracies, at any time prior to
the conclusion of the negotiations.
ANNEX I-
EXISTING MEASURES
Headnotes
1.
The Schedules of Chile and the Union set out, under Articles 2.7 [Non-conforming
measures INV] and 3.5 [Non-conforming measures CBTS], the reservations taken by Chile
and the Union with respect to existing measures that do not conform with obligations imposed
by:
(a)
(b)
(c)
(d)
(e)
2.
Article 3.. X [Local Presence - CBTS];
Article 2.3. National Treatment INV] or 3.3 [National Treatment CBTS];
Article 2.4. Most- Favoured- Nation- Treatment INV] [or 3.4 [Most- Favoured- Nation- Treatment [CBTS] ];
Article 2.5. Senior Management and Boards of Directors]; or
Article 2.6. Performance Requirements].the Reservations of a Party Are without Prejudice to the Rights and Obligations of the
Parties under GATS.[To be moved later to a horizontal chapter]
3.
(a)
(b)
(c)
Each reservation sets out the following elements:
"sector" refers to the general sector in which the reservation is taken;
"sub-sector" refers to the specific sector in which the reservation is taken;
"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 1
that reservation;
(d) "type of reservation" specifies the obligation referred to in paragraph 1 for which a
reservation is taken;
(e) "level of government" indicates the level of government maintaining the measure for
which a 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;
Gi) includes any subordinate measure adopted or maintained under the authority of
and consistent with the measure; and
(ii) in respect of the Schedule of the 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
teservation 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 this new measure effectively replaces â within the territory to which it applies â 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 point (c) of paragraph 1 of article 2.7 [Non-conforming measures INV] or point (c) of paragraph 1 of article 3.5 [Non-
conforming measures CBTS].
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 of 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 Chile and the Union:
(a) âISIC 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;
(b) "CPC" means the Provisional Central Product Classification (Statistical Papers, Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
7. For the purposes of the Schedules of Chile and the Union, a reservation for a requirement to have a local presence in the territory of the Union or Chile is taken against article 3.X [Local presence CBTS], and not against Article [National treatment CBTS] or, in Annex Il, against Article [Market access CBTS]. Furthermore, such a requirement is not
taken as a reservation against Article 2.3 [National treatment INV].]
8. A reservation taken at the level of the Union applies to a measure of the 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 Union and its Member States, a regional level of government in Finland means the Aland Islands. A reservation taken at the level of Chile applies to a measure of the
central government or a local government.
9. The list of reservations below does 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 2.3 [National treatment INV], 3.3 [National Treatment CBTS] or 3.X [Local presence]. These 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. While not listed, such measures continue to apply.
10. For greater certainty, for the Union, the obligation to grant national treatment does not entail the requirement to extend to natural or legal persons of Chile the treatment granted in a Member State, pursuant to the Treaty on the Functioning of the European Union, or any measure adopted pursuant to that Treaty, including their implementation in the Member States, to:
(a) natural persons or residents of another Member State; or
(b) legal persons constituted or organised under the law of another Member State or of the Union and having their registered office, central administration or principal place of
business in the Union.
11. Treatment granted to legal persons established by investors of a Party in accordance with the law of the other Party (including, in the case of the Union, the law of a Member State) and having their registered office, central administration or principal place of business within that other Party, is without prejudice to any condition or obligation, consistent with Chapter I [Investment liberalisation], which may have been imposed on such legal person when it was established in that other Party, and which shall continue to apply.
12. The Schedules apply only to the territories of Chile and the Union in accordance with [Institutional â Geographical application] and are only relevant in the context of trade relations between the Union and its Member States with Chile. They do not affect the rights and obligations of the Member States under Union law. [Redundant if similar language is
included for the whole agreement in the general provisions].
13. The following abbreviations are used in the list of reservations below: