The Parties recognise the importance of the fight against organised crime and drug trafficking in enhancing citizen security. They commit to support biregional dialogues and cooperation on citizen security.
2. The Parties may exchange evidence-based experiences and best practices on the design and implementation of policies related to preventing violence and crime, as well as on systems to measure and evaluate violence, crime and insecurity.
The Parties may exchange evidence-based best practices regarding the protection of victims of crimes in the context of citizen security.
3. As regards prevention, the Parties may foster public policies aimed at preventing violence, with special emphasis on youth and gender.
4. The Parties may exchange experiences and best practices in areas such as the promotion of a culture that fosters peace and non-violence, the observance of law, rehabilitation, reintegration into society, remedial justice. International standards and norms should be reflected in the law of the Parties governing the respective penitentiary systems.
Article 2.8
Small arms and light weapons and other conventional weapons
1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons and other conventional weapons, including their ammunition, and their excessive accumulation, poor management and uncontrolled spread, as well as inadequately secured stockpiles, continue to pose a serious threat to peace and international security.
2. The Parties agree to implement their respective obligations to deal with the illicit trade in small arms and light weapons and other conventional weapons, including their ammunition, under existing international agreements, the UN Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, adopted by UN Resolution 55/255 of 31 May 2001, and UN Security Council resolutions, as well as their commitments within the framework of other international instruments applicable in this area, such as the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, adopted on 20 July 2001.
3. The Parties recognise the importance of domestic control systems for the transfer of conventional arms in line with existing international standards and regulations. The Parties recognise the importance of applying such controls in a responsible manner, as a contribution to international and regional peace, security and stability, and to the reduction of human suffering, as well as to the prevention of diversion of conventional weapons.
4. The Parties undertake in this regard to fully implement the Arms Trade Treaty, adopted in New York on 2 April 2013, and to cooperate with each other within the framework of that Treaty, including in promoting the universalisation and full implementation of that Treaty by all UN Member States.
5. The Parties therefore undertake to cooperate and to ensure coordination, complementarity and synergy in their efforts to regulate or improve the regulation of international trade in conventional arms and to prevent, combat and eradicate the illicit trade in arms.
Article 2.9
International Criminal Court
1. The Parties recognise that the most serious crimes of concern to the international community must not go unpunished, and they shall endeavour to ensure that those crimes are effectively investigated and prosecuted by taking measures at the national level and by enhancing international cooperation, including with the International Criminal Court (‘ICC’).
2. The Parties shall promote the universal ratification of, or accession to, the Rome Statute of the International Criminal Court (‘Statute’), and shall work towards the effective domestic implementation of the Statute by States parties to the Statute. The Parties shall exchange, as appropriate, best practices on the adoption of their respective legislation and take measures to safeguard the integrity of the Statute.
Article 2.10
Cooperation in international crisis management
1. The Parties reaffirm their commitment to cooperate in promoting peace and international security, including cooperation with a view to the development of a gender focus in the field of international peace and security.
2. The Parties shall coordinate crisis management activities, including cooperation in crisis management operations.
3. The Parties shall work to implement the Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations, signed in Brussels on 30 January 2014.
CHAPTER 3
JUSTICE, FREEDOM AND SECURITY
Article 3.1
Judicial cooperation
1. The Parties shall enhance existing cooperation on mutual legal assistance and extradition based on relevant international agreements. The Parties shall strengthen existing mechanisms and, as appropriate, consider the development of new mechanisms to facilitate international cooperation in this area. Such cooperation shall include, as appropriate, accession to, and implementation of, the relevant international instruments, and closer cooperation with other relevant international legal cooperation networks.
2. The Parties shall develop judicial cooperation in civil and commercial matters, in particular, as regards the negotiation, ratification and implementation of multilateral conventions on civil judicial cooperation, including the conventions of the Hague Conference on Private International Law in the field of international legal cooperation and litigation as well as the protection of children.
3. The Parties shall cooperate to promote the use of electronic means for the transmission of documents, as appropriate, as well as high standards of personal data protection, for the purpose of international judicial cooperation.
Article 3.2
World drug problem
1. The Parties shall cooperate to ensure an integrated, balanced and evidence-based approach on drug issues with a view to:
(a) implementing demand reduction initiatives and related measures, including prevention and treatment, and social reintegration as well as other health-related issues;
(b) ensuring the availability of and access to controlled substances exclusively for medical and scientific purposes, while preventing their diversion;
(c) implementing supply-reduction initiatives and related measures, such as effective law enforcement and responses to drug-related crime, countering money laundering, illicit drug trade, including internet-facilitated drug trade, and promoting judicial cooperation;
(d) focusing on cross-cutting issues such as drugs and human rights, youth, children, gender, women and communities, including through measures for collaboration and cooperation with a view to fostering the development of programmes and actions for education and reintegration, allowing the reduction of the demand for drugs and psychotropic substances;
(e) exchanging information and best practices about evolving realities, trends and existing circumstances, emerging and persistent challenges and threats, including new psychoactive substances; this may include drug demand reduction and forensic analysis of material, such as seized drug precursors;
(f) strengthening international cooperation, including to address the diversion of drug precursors, essential chemicals and products or preparations containing them, used for the illicit production of narcotic drugs, psychotropic substances and new psychoactive substances;
(g) strengthening alternative development, regional, interregional and international cooperation on a development-oriented and balanced drug control policy.
2. The Parties shall collaborate to attain these objectives, including, when possible, by encouraging third countries that have not already done so to ratify and implement existing international drug control conventions and protocols to which they are party. The Parties shall base their actions on their applicable laws and regulations, on commonly accepted principles in line with the relevant United Nations drug control conventions and on the recommendations set out in the Outcome Document of the 2016 UN General Assembly Special Session on the World Drug Problem, entitled ‘Our joint commitment to effectively addressing and countering the world drug problem’, as the most recent international consensus on the world drug policy, in order to take stock of the implementation of the commitments made to jointly address and counter the world drug problem.
Article 3.3
International migration and asylum
1. The Parties shall cooperate and exchange views within the framework of their respective laws, regulations and competences in the areas of migration, including regular and irregular migration, trafficking in persons and the smuggling of migrants, migration and development, asylum and international protection, return, readmission, integration, and visas and border management.
2. The Parties shall cooperate, including through possible technical cooperation, on exchanging information and good practices related to policies, regulations, institutions and civil society, along with the sharing of data and statistics on migration.
3. The Parties shall cooperate in order to prevent irregular migration and counter migrant smuggling. To that end:
(a) Chile shall readmit any of its nationals illegally present on the territory of a Member State, on request by the latter and, unless otherwise provided by a specific agreement, without further formalities;
(b) each Member State shall readmit any of its nationals illegally present on the territory of Chile, upon request by the latter and, unless otherwise provided by a specific agreement, without further formalities;
(c) the Member States and Chile shall provide their nationals with appropriate travel documents for the purposes referred to in subparagraphs (a) and (b) or accept the use of the European travel documents for return;
(d) the Parties shall mutually agree to negotiate a specific agreement defining obligations on readmission, including forms of evidence regarding nationality; that agreement may also include an obligation to readmit persons who are third country nationals, in accordance with the applicable law of the Parties.
4. The Parties commit to enhance international cooperation on migration in all its dimensions, including within the framework of the United Nations, especially in addressing the root causes of irregular migration and forced displacement, while respecting national competences.
Article 3.4
Consular protection
The diplomatic and consular authorities of any represented Member State shall provide protection to any national of a Member State which does not have a permanent representation in Chile, if they are effectively in a position to provide consular protection in a given case, on the same conditions as to nationals of that represented Member State.
Article 3.5
Money laundering and the financing of terrorism
The Parties shall cooperate with a view to preventing and combating the use of their financial institutions and designated non-financial businesses and professions to finance terrorism and to launder the proceeds of criminal activities. To that end, they shall exchange information within the framework of their respective legislation and cooperate to ensure the effective and full implementation of the Financial Action Task Force (FATF) recommendations. Such cooperation may include, among others, the recovery, seizure, confiscation, tracing, identification and return of assets or funds derived from the proceeds of crime.
Article 3.6
Law enforcement and the fight against corruption and transnational organised crime
1. The Parties shall cooperate and exchange views on combating transnational organised, economic and financial crime, drug trafficking and illicit drugs, trafficking in persons and other associated forms of exploitation, corruption, counterfeiting, smuggling, and illegal transactions through compliance with their mutual international obligations in this area, including as regards mutual legal assistance and effective cooperation in the recovery of assets or funds derived from criminal acts.
2. The Parties will exchange evidence-based experiences and best practices about the design and implementation of policies related to the fight against corruption and transnational organised crime.
3. The Parties shall develop a dialogue and cooperation on law enforcement, including through continuing strategic cooperation with Europol, as well as strategic judicial cooperation, including through Eurojust.
4. The Parties shall endeavour to collaborate in international fora to promote, as appropriate, adherence to and the implementation of the UN Convention Against Transnational Organized Crime, adopted on 15 November 2000 by UN Resolution 55/25, and its supplementing Protocols.
5. The Parties shall promote the implementation of the UN Convention against Corruption, adopted on 31 October 2003 by UN Resolution 58/4, and the Mechanism for the Review of Implementation of the UN Convention against Corruption established by the Conference of the States Parties to the UN Convention against Corruption in Doha, 9-13 November 2009 (‘review mechanism’), including by adhering to principles of transparency and the participation of civil society in the review mechanism.
6. The Parties recognise the importance of fighting corruption in international trade and investment and, to that end, agree on more detailed provisions laid down in the Protocol to this Agreement on the Prevention of and Fight against Corruption.
7. Regarding the fight against corruption, the Parties agree, in particular, to:
(a) exchange relevant information and best practices in matters such as integrity, public transparency and anti-corruption;
(b) exchange information and best practices including awareness-raising campaigns and education methods about the fight against corruption.
Article 3.7
Cybercrime
1. The Parties recognise that cybercrime is a global problem requiring a global response.
2. The Parties will reinforce their cooperation to prevent and fight against cybercrime. For that purpose, they will exchange information and best practices in accordance with their respective laws and international commitments, such as the Council of Europe Convention on Cybercrime, done at Budapest on 23 November 2001 (‘Budapest Convention’), in a manner that fully respects human rights and within the limits of their responsibility.
3. The Parties will exchange information on the education and training of investigators and other professionals or prosecutors specialised in computer-related crimes and digital forensic science and may carry out joint training activities for their mutual benefit or for the benefit of third parties.
4. The Parties shall endeavour to work together where appropriate to provide assistance and support to other States in the development of appropriate laws, policies, practices, education and training, in line with the Budapest Convention and recognising it as the international standard in preventing and combating cybercrime.
Article 3.8
Personal data protection
1. The Parties recognise the importance of protecting the fundamental rights to privacy and the protection of personal data. The Parties shall cooperate to ensure the respect of those fundamental rights, including in the area of law enforcement and when preventing and combating terrorism and other serious transnational crimes.
2. The Parties shall cooperate to promote a high level of protection for personal data. Cooperation at the bilateral and multilateral levels may include capacity building, technical assistance, the exchange of information and expertise, and cooperation through regulatory counterparts in international bodies as mutually agreed by the Parties.
CHAPTER 4
SUSTAINABLE DEVELOPMENT
Article 4.1
Sustainable development
1. The Parties shall promote sustainable development in its three dimensions, namely social, economic and environmental, in an inclusive and balanced manner through dialogue, joint action, the sharing of best practices, good governance at all levels, cohesive nationally owned sustainable development strategies and the mobilisation of financial resources, making the best possible use of existing and future instruments.
2. The Parties shall address the challenges linked to achieving the United Nations Sustainable Development Goals (‘SDGs’) by giving priority to each Party's needs and national ownership, taking into account the regional and local contexts, and building synergies and partnerships with relevant stakeholders in that area, including civil society, local governments, the private sector, non-profit organisations and academia. While recognising the central role of governments in promoting development, the Parties will also cooperate to encourage the private sector, in particular small and medium-sized enterprises, to take account of sustainable development in its practices.
3. The Parties recognise the importance of the means of implementation, including finance, transfer of technology, technical cooperation and capacity building, in the realisation and follow-up of the 2030 Agenda through multiple stakeholders, including governments, civil society, the private sector and other actors. In that regard, they commit to continue to work in order to strengthen international cooperation, including by promoting the use of innovative tools with a view to achieving sustainable development.
4. The Parties shall cooperate to improve sustainability in consumption and production patterns, and shall endeavour to take actions aimed at decoupling economic growth from environmental degradation, including through circular economy, public policies and business strategies.
5. The Parties shall endeavour to promote the responsible, sustainable and efficient use of natural resources.
6. The Parties shall endeavour to raise awareness of the economic and social costs of environmental damage and its associated impact on human well-being, including through the use of science-based evidence.
7. The Parties shall hold a regular structured policy dialogue on sustainable development and the achievement of the SDGs to improve policy coordination on issues of common interest and the quality and effectiveness of that coordination.
8. The Parties shall work together to mainstream gender considerations across policies and instruments.
9. Development cooperation shall be carried out in line with the relevant internationally agreed principles and policies to which both Parties have adhered.
Article 4.2
International cooperation
1. The Parties recognise the mutually benefitting nature of international cooperation and its value to promote sustainable development processes.
2. The Parties will encourage triangular cooperation with third countries in matters of common interest in a manner that fully respects the beneficiaries' strategies and priorities. They shall promote the strengthening of regional integration within Latin America and the Caribbean and acknowledge the strategic importance of inclusive biregional cooperation.
Article 4.3
Environment
1. The Parties agree on the need to protect the environment and conserve, restore and sustainably manage natural resources.
2. The Parties will cooperate, in particular, on matters such as access rights on environmental affairs, biodiversity and protected areas, land and soil, water, air quality, environmental monitoring, environmental impact assessment, waste management, extended producer responsibility, recycling and chemical substances management, transportation impact assessment and management.
3. The Parties recognise the importance of global environmental governance, including the implementation of multilateral environmental agreements to which they are party and, as appropriate, resolutions of the United Nations Environment Assembly and other relevant fora, to tackle environmental challenges of common concern. Each Party reaffirms its commitment to implement the multilateral environmental agreements to which it is party.
4. The Parties shall strengthen their cooperation on the protection of the environment and human health, and on mainstreaming environmental considerations in all sectors of cooperation, as appropriate, in particular as regards:
(a) promoting good environmental governance in mutually agreed priority areas;
(b) fostering the exchange of information, technical expertise and best practices in areas such as:
(i) green and circular economy and best available techniques;
(ii) conservation and sustainable use of biodiversity objectives, including the mapping and assessment of ecosystems and their services, their valuation and mainstreaming of those objectives in other relevant policy areas;
(iii) protection and sustainable management of forests;
(iv) fight against illegal trade in wildlife, including timber and other biological resources;
(v) sound management of chemicals and waste;
(vi) water resources, soil and land use policy;
(vii) air pollution and reduction of short-lived pollutants;
(viii) coastal and marine environment conservation and management;
(ix) the social and economic impacts of environmental degradation;
(x) the environmental impact of economic activities and the opportunities of greening businesses;
(xi) access to information, participation and justice in environmental matters;
(xii) joint academic research in environmental matters.
Article 4.4
Climate change
1. The Parties acknowledge that the urgent threat of climate change requires collective action for low-emission and climate-resilient development.
2. The Parties recognise the importance of international rules and agreements in the area of climate change, in particular the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992 (‘UNFCCC’), the Paris Agreement, and the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997.
3. The Parties shall work together to strengthen their cooperation under the UNFCCC, to implement the Paris Agreement and their nationally determined contributions under that Agreement.
4. Such cooperation may include:
(a) cooperating towards the implementation of pre-2020 commitments and actions to build mutual trust between the Parties;
(b) facilitating further action by the Parties driven by their national debates and policy analysis;
(c) supporting low greenhouse gas emission economic development in accordance with the Paris Agreement;
(d) supporting all constructive dialogues and engagements under the UNFCCC, especially those created to assess the collective progress towards achieving the objectives of the Paris Agreement, such as the global stocktake;
(e) developing policy dialogue and cooperation in the implementation of the enhanced transparency framework established by the Paris Agreement, in mutually agreed priority areas including the enhancement of national capacities in order to achieve higher levels of transparency;
(f) promoting bilateral dialogue and cooperation of mutual interest with the aim of supporting multilateral processes, as appropriate, which can have a significant impact on the reduction of greenhouse gas emissions from international maritime transport and aviation, in particular in the International Civil Aviation Organization and the International Maritime Organization;
(g) promoting domestic climate policies and programmes which support the objectives of the Paris Agreement to mitigate, adapt and align finance flows, including through the goals and actions contained in the nationally determined contributions of the Parties under that Agreement;
(h) supporting action to align finance flows with a pathway towards low greenhouse gas emissions and climate-resilient development, with a focus on inclusive climate finance, which targets the poorest and groups that are particularly vulnerable to the adverse effects of climate change, such as women and girls;
(i) promoting a dialogue on strengthening adaptation policies and measures, including in matters related to finance, for adaptation, evaluation of results and increase in resilience;
(j) promoting synergies in the field of climate action at all levels between the public administration, civil society organisations and private business, and fostering participation of the private sector with a view to a low greenhouse gas emission and climate-resilient economy;
(k) promoting economic policy instruments for climate change action, such as carbon pricing, market-based instruments and carbon taxes, as appropriate;
(l) enhancing the development and deployment of commercially viable low-emission and other climate-friendly technologies;
(m) promoting global efforts to rationalise and phase out inefficient fossil fuel subsidies that encourage wasteful consumption, taking fully into account specific needs and conditions of developing countries and minimising the possible adverse impact on their development in a manner that protects the poor and the affected communities;
(n) enhancing bilateral dialogue on other areas of climate policy that may arise and fostering the consideration of the cross-cutting approaches of the Paris Agreement and Agenda 2030.
Article 4.5
Sustainable energy
1. The Parties recognise the importance of the energy sector to economic prosperity and international peace and stability, and underline that the transformation of the energy sector is key to achieving the goals set out in the Paris Agreement and Agenda 2030. They agree on the need to improve and diversify energy supplies, promote innovation, increase energy efficiency to ensure access to safe, sustainable, environmentally sound and affordable energy. The Parties recognise that the energy transition will not be without cost in the regions and will support a just transition. The Parties shall work towards those goals.
2. The Parties shall maintain information exchanges on energy and collaborate bilaterally, regionally and multilaterally to support open and competitive markets, share best practices, promote science-based, transparent regulation, and discuss areas of cooperation on energy issues.
3. Cooperation between the Parties pursuant to this Article shall be implemented with due regard to Article 15.14, so as to ensure synergies.
Article 4.6
Ocean governance
1. The Parties recognise the importance of the sustainable management of the oceans and seas, including the protection and preservation of marine environment, the ocean-climate nexus, the conservation and the sustainable use and responsible management of fisheries, aquaculture and other maritime activities and their contribution to providing environmental, economic and social opportunities for present and future generations.
2. To that end, in a manner consistent with their obligations under international law, in particular the United Nations Conventions on the Law of the Sea, done at Montego Bay, on 10 December 1982, the Parties undertake to:
(a) promote that States in a position to do so, sign and ratify, approve or accept the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction, adopted at New York on 19 June 2023;
(b) cooperate to achieve SDG 14 and other related SDGs, including in relevant regional and multilateral bodies and processes;
(c) contribute to strengthening international ocean governance, including through filling regulatory and implementation gaps;
(d) promote better cooperation and consultation, within and between competent international organisations, instruments and bodies, with a view to strengthening ocean governance and promoting effective enforcement;
(e) promote and effectively implement monitoring, control and surveillance measures, such as observer schemes, vessel monitoring systems, transhipment control, inspections at sea and port state control and associated sanctions according to their respective laws and regulations, aimed at the conservation of fish stocks and the prevention of overfishing;
(f) maintain or adopt actions and cooperate to combat illegal, unreported and unregulated (IUU) fishing, including, where appropriate, exchanging information on IUU activities in their waters and implementing policies and measures to exclude IUU products from trade flows and fish farming operations;
(g) cooperate with and, where appropriate, in regional fisheries management organisations of which both Parties are members, observers or cooperating non-contracting parties, with the aim of achieving good governance;
(h) reduce pressures on the oceans through the fight against marine pollution and marine litter, including from land-based sources, plastics and microplastics;