Title
Advanced Framework Agreement between the European Union and its Member States, of the one part, and the Republic of Chile, of the other part
Preamble
PREAMBLE
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the ‘Member States’,
and
THE EUROPEAN UNION,
of the one part, and
THE REPUBLIC OF CHILE, hereinafter referred to as ‘Chile’,
of the other part,
hereinafter jointly referred to as ‘the Parties’,
CONSIDERING the strong cultural, political, economic and cooperation ties which unite them,
REAFFIRMING their commitment to democratic principles, human rights and fundamental freedoms, the rule of law and good governance, and to the achievement of sustainable development and tackling climate change, which constitute the basis for their partnership and cooperation,
SHARING the view that the proliferation of weapons of mass destruction and their means of delivery to both state and non-state actors represents one of the most serious threats to international peace and security,
MINDFUL of the significant contribution to the strengthening of those ties made by the Association Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, signed in Brussels on 18 November 2002 (‘Association Agreement’),
EMPHASISING the comprehensive nature of their relationship and the importance of providing a coherent framework for its further promotion,
CONSIDERING their commitment to modernise the existing Association Agreement to reflect new political and economic realities and the advancements made in their partnership,
ACKNOWLEDGING the importance of a strong and effective multilateral system, based upon international law, in preserving peace, preventing conflicts and strengthening international security and in tackling common challenges,
AFFIRMING their commitment to strengthen cooperation on bilateral, regional and global issues of common concern and to use all available tools to promote activities designed to develop an active and reciprocal international cooperation,
WELCOMING the adoption and calling for the implementation of the Sendai Framework for Disaster Risk Reduction 2015-2030, adopted at the Third UN World Conference in Sendai on 18 March 2015, the Addis Ababa Action Agenda of the Third International Conference on Financing for Development, adopted at Addis Ababa on 13 to 16 July 2015, the Resolution 70/1 adopted by the General Assembly of the United Nations (‘UN General Assembly’) on 25 September 2015, containing the outcome document ‘Transforming our world: the 2030 Agenda for Sustainable Development and the 17 Sustainable Development Goals’ (‘2030 Agenda’), the Paris Agreement under the United Nations Framework Convention on Climate Change, done at Paris on 12 December 2015 (‘Paris Agreement’), the New Urban Agenda, adopted during the UN Conference on Housing and Sustainable Urban Development (Habitat III) in Quito on 20 October 2016 (‘New Urban Agenda’) and the World Humanitarian Summit Commitments, adopted at the World Humanitarian Summit in Istanbul on 23 and 24 May 2016,
REAFFIRMING their commitment to promote sustainable development in its economic, social and environmental dimensions, their commitment to the development of international trade in such a way as to contribute to sustainable development in those three dimensions, which are recognised as deeply interlinked and mutually reinforcing, and their commitment to promote the achievement of the objectives of the 2030 Agenda,
REAFFIRMING their commitment to expand and diversify their trade relations in conformity with the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994, and the specific objectives and provisions set out in Part III of this Agreement,
DESIRING to strengthen their economic relations, in particular their trade and investment relations, by strengthening and improving market access, and contributing to economic growth, while remaining mindful of the need to raise awareness of the economic and social impact of environmental damage, unsustainable patterns of production and consumption and their associated impact on human well-being,
CONVINCED that this Agreement will create a climate conducive to the growth of sustainable economic relations between them, in particular in the trade and investment sectors, which are essential to the realisation of economic and social development, technological innovation and modernisation,
RECOGNISING that the provisions of this Agreement protect investments and investors, and are intended to stimulate mutually beneficial business activity, without undermining the right of the Parties to regulate in the public interest within their territories,
RECOGNISING the close relationship between innovation and trade, as well as the relevance of innovation for economic growth and social development, and also affirming their interest to promote higher levels of cooperation on innovation, research, science, technology, transportation and other related fields as well as promoting the participation of the public and private sectors,
AFFIRMING their commitment to strengthen cooperation in the fields of justice, freedom and security,
RECOGNISING the mutual benefits of enhanced cooperation in the areas of education, environmental matters, culture, research and innovation, employment and social affairs, health and other areas of common interest,
EXPRESSING their determination to continue strengthening their relationship through new cooperation agreements, as well as their determination that such cooperation be carried out to the benefit of third countries, as embodied in the Memorandum of Understanding for International Cooperation signed by the Parties in 2015, and by the continuing participation of Chile in the regional programmes of the European Union,
RECALLING the importance of the various agreements signed by the European Union and Chile, which have fostered political dialogue and cooperation across the sectoral areas of the relationship between the Parties, and increased trade and investment,
NOTING that in case the Parties decide, within the framework of this Agreement, to enter into specific agreements in the area of freedom, security and justice which may be concluded by the European Union pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union (‘TFEU’), the provisions of such future specific agreements would not bind Ireland unless the European Union, simultaneously with Ireland as regards their respective previous bilateral relations, notifies Chile that Ireland has become bound by such future specific agreements as part of the European Union in accordance with Protocol No 21 on the position of Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (‘TEU’) and to the TFEU. Likewise, any subsequent internal measures of the European Union which are adopted pursuant to Title V of Part Three of the TFEU to implement this Agreement would not bind Ireland, unless Ireland has notified its wish to take part in such measures or accept them in accordance with Protocol No 21. Also noting that, such future specific agreements or subsequent internal measures of the European Union would fall within the scope of Protocol No 22 on the position of Denmark annexed to the TEU and the TFEU,
HAVE AGREED AS FOLLOWS:
Body
PART I
GENERAL PRINCIPLES AND OBJECTIVES
CHAPTER 1
OBJECTIVES, GENERAL PRINCIPLES AND DEFINITIONS
Article 1.1
Objectives of this Agreement
The objectives of this Agreement are to:
(a) reaffirm the association between the Parties based on a strengthened partnership, reinforced political dialogue and enhanced cooperation on issues of mutual interest, including innovation in all applicable areas;
(b) foster increased trade and investment between the Parties by expanding and diversifying their trade relations, which should contribute to higher economic growth and an improved quality of life; and
(c) strengthen the existing cooperation relationship between the Parties, including international cooperation for sustainable development and fostering joint work, with the purpose of contributing to the implementation of the 2030 Agenda.
Article 1.2
General principles
1. The Parties confirm their strong support for the principles of the Charter of the United Nations.
2. Respect for democratic principles and human rights and fundamental freedoms, as laid down in the Universal Declaration of Human Rights, adopted by the UN General Assembly on 10 December 1948, and other relevant international human rights instruments to which the Parties are party and for the principle of the rule of law and good governance, which underpin the internal and international policies of both Parties, constitutes an essential element of this Agreement.
3. The Parties share the view that the proliferation of weapons of mass destruction and their means of delivery to both state and non-state actors poses a major threat to international peace and security.
4. The Parties reaffirm their commitment to continue promoting sustainable development in all its dimensions, contributing to the attainment of internationally agreed sustainable development goals, including to cooperate to address global environmental challenges.
5. The Parties confirm their commitment to mainstream gender equality and the empowerment of women and girls.
6. The Parties reaffirm their support for the United Nations Declaration on the Rights of Indigenous Peoples, adopted on 13 September 2007, and their commitments to respect the cultural diversity and protect the rights of indigenous peoples.
7. The Parties shall implement this Agreement based on shared values including the principles of dialogue, mutual respect, equal partnership, multilateralism, consensus and respect for international law.
Article 1.3
Definitions
For the purposes of this Agreement:
(a) ‘Association Agreement’ means the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, signed in Brussels on 18 November 2002;
(b) ‘Interim Trade Agreement’ means the Interim Agreement on Trade between the European Union and the Republic of Chile, signed in Brussels on 13 December 2023;
(c) ‘third country’ means a country or territory outside the territorial scope of application of this Agreement as set out in Article 41.2; and
(d) ‘Vienna Convention on the Law of Treaties’ means the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969.
PART II
POLITICAL DIALOGUE AND COOPERATION
CHAPTER 2
POLITICAL DIALOGUE, FOREIGN POLICY, INTERNATIONAL PEACE AND SECURITY, GOVERNANCE AND HUMAN RIGHTS
Article 2.1
Political dialogue
1. The Parties shall strengthen their political dialogue and cooperation at all levels through exchanges and consultations on bilateral, regional, international and multilateral issues with the purpose of consolidating their enhanced partnership.
2. The political dialogue shall aim to:
(a) promote the development of bilateral relations and strengthen the partnership of the Parties;
(b) strengthen cooperation on regional and global challenges and issues;
(c) strengthen the institutional capabilities of the Parties, including the modernisation of the State, decentralisation and the promotion of interinstitutional cooperation.
3. The political dialogue between the Parties may take place in the following forms, as mutually agreed:
(a) consultations, meetings and visits at summit level;
(b) consultations, meetings and visits at ministerial level;
(c) regular senior officials' meetings, including a high-level political dialogue;
(d) sectoral dialogues, including through the exchange of missions and experts on issues of common interest;
(e) exchanges of delegations and other contacts between the National Congress of Chile and the European Parliament.
Article 2.2
Countering proliferation of weapons of mass destruction
1. The Parties consider that the proliferation of weapons of mass destruction (‘WMD’) and their means of delivery to both state and non-state actors represents one of the most serious threats to international stability and security. The Parties therefore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant international obligations. The Parties agree that this paragraph constitutes an essential element of this Agreement.
2. The Parties furthermore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery by:
(a) taking steps to sign, ratify or accede to, as appropriate, and fully implement all other relevant international instruments;
(b) establishing an effective system of national export controls, controlling the export as well as the transit of WMD-related goods, including end-use control on dual-use technologies and effective sanctions for breaches of export controls.
Article 2.3
Human rights, rule of law and good governance
1. The Parties shall foster a regular, meaningful and broad-based human rights dialogue.
2. The Parties shall cooperate on the promotion and protection of human rights, including with regard to the ratification and implementation of international human rights instruments, and on the strengthening of democratic principles and the rule of law, promoting gender equality and combating discrimination in all its forms and on all grounds.
3. Such cooperation may include:
(a) supporting the development and implementation of action plans on human rights;
(b) promoting human rights, including through education and the media;
(c) strengthening national and regional institutions related to human rights, the rule of law and good governance;
(d) enhancing cooperation with the United Nations human rights treaty bodies and the special procedures of the Human Rights Council according to general principles of international human rights law;
(e) enhancing coordination and cooperation within the human rights-related institutions of the United Nations and relevant regional and multilateral fora;
(f) strengthening national, regional and decentralised capacity to apply democratic principles and practices, including the promotion of election processes consistent with international democratic standards;
(g) reinforcing good, independent and transparent governance at the local, national, regional and global levels, promoting accountability and transparency of institutions and supporting participation of citizens and the involvement of civil society;
(h) collaborating and coordinating, where appropriate, including in third countries, to reinforce democratic principles, human rights and the rule of law, which includes the existence of an independent judicial system, equality before the law, the access of people to an effective legal public support, and the right to fair trial, due process and access to justice;
(i) fostering the universality of international human rights treaties and encouraging third parties to implement their obligations in this area;
(j) working to ensure accountability for human rights violations and abuses and ensure access to remedy for victims of such violations and abuses.
Article 2.4
Gender equality and women's and girls' empowerment
1. The Parties shall promote gender equality, the full enjoyment of all human rights by all women and girls and their empowerment. They acknowledge the necessity of gender equality and the empowerment of women and girls as a goal in its own right as well as a driver for democracy, sustainable and inclusive development, peace and security. The Parties shall exchange best practices and explore further schemes of cooperation and potential synergies between respective initiatives such as policies and programmes, in line with international standards and commitments such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted by the UN General Assembly on 18 December 1979, the general recommendations made by the UN Committee on the Elimination of Discrimination against Women, the Beijing Declaration and Platform for Action, adopted at the Fourth World Conference of Women, held in Beijing from 4 to 15 September 1995, the Programme of Action, adopted at the International Conference on Population and Development, held in Cairo from 5 to 13 September 1994 and the outcome of their review conferences, the 2030 Agenda, UN Security Council Resolution 1325 (‘UNSCR 1325 (2000)’) and its subsequent resolutions on Women, Peace and Security and other international agreements addressing gender equality and women's and girls' human rights to which they are party.
2. Such cooperation may include:
(a) cooperating to achieve all Sustainable Development Goals, in particular Goal 5 and its targets;
(b) promoting, protecting and fulfilling all human rights of all women and girls, preventing, combating and prosecuting all forms of violence, discrimination and harassment against women and girls in both public and private spheres, and actively promoting human rights of women and girls in line with the relevant international framework;
(c) actively promoting the systematic mainstreaming of gender perspective; strengthening dialogue and cooperation on promoting gender equality and non-discrimination, social dialogue, protection and inclusion, the decent work agenda and employment policy;
(d) supporting the development and implementation of a national action plan on UNSCR 1325 (2000), as well as the implementation of the United Nations' Women, Peace and Security agenda which consists of UNSCR 1325 (2000) and its subsequent resolutions;
(e) promoting women's political participation and leadership, as well as access to quality education, economic empowerment and leadership, and their increased participation in all areas of life, including in the political, social, economic and cultural spheres;
(f) strengthening national and regional institutions through specific measures to address and handle issues related to violence against women and girls, including the prevention of and protection from all forms of sexual and gender-based violence and harassment, through investigation and accountability mechanisms, provision of care and support to victims and the promotion of conditions of safety and security for women and girls;
(g) effectively ensuring that women's and girls' human rights are promoted, respected and protected, countering any type of discrimination and violence against them, including violence targeting women human rights defenders, ensuring access to justice and taking the necessary steps to end impunity;
(h) enhancing cooperation with relevant bodies of the United Nations and other international organisations;
(i) actively promoting gender analysis and the systematic integration of gender perspective in all matters related to peace and security, while ensuring women's leadership and meaningful participation in peace processes, mediation efforts, conflict resolution and peace building, as well as civilian and military missions and operations.
Article 2.5
International security and cyberspace
The Parties will reinforce their cooperation and the exchange of views in the field of cybersecurity and regarding the use of information and communication technologies (‘ICT’) in the context of international peace and security, including on norms, principles of responsible behaviour of States, the adherence to existing international law in cyberspace, the development of confidence-building measures and capacity building.
Article 2.6
Countering terrorism
1. The Parties reaffirm the importance of the fight against terrorism and shall cooperate in the prevention and suppression of acts of terrorism in accordance with international law and their respective legislation and the rule of law. They shall do so, in particular:
(a) in the framework of full implementation of all relevant resolutions of the UN Security Council and the UN General Assembly, international conventions and instruments;
(b) by promoting cooperation among UN Member States to effectively implement the UN Global Counter-Terrorism Strategy, adopted by the UN General Assembly on 8 September 2006;
(c) by exchanging best practices in preventing radicalisation leading to violent extremism and countering terrorism;
(d) by exchanging information on terrorist groups and their support networks, pursuant to national and international law, and supporting, when feasible, regional initiatives for law enforcement cooperation in the fight against terrorism, while fully respecting human rights, the right to privacy and the rule of law.
Article 2.7
Citizen security
1. The Parties shall cooperate on citizen security. They acknowledge that citizen security transcends national and regional borders and requires a broader dialogue and cooperation with both a regional and a biregional dimension.