(89) For greater certainty, international law includes, in particular, the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982.
(90) For greater certainty, in case of an inconsistency between the law of Chile and international law, the latter shall prevail.
(91) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ EU L 269, 10.10.2013, p. 1).
Article 41.3
Fulfilment of obligations
1. Each Party shall take any general or specific measures required to fulfil its obligations under this Agreement.
2. If a Party considers that the other Party has failed to fulfil any obligations under Part III of this Agreement, the specific mechanisms provided for in that Part shall apply.
3. If either Party considers that the other Party has failed to fulfil any of the obligations that are described as essential elements in Article 1.2(2) or 2.2(1), it may take appropriate measures. For the purposes of this paragraph, ‘appropriate measures’ may include the suspension, in part or in full, of this Agreement.
4. If a Party considers that the other Party has failed to fulfil any obligation under this Agreement, save those falling within the scope of paragraphs 2 and 3 of this Article, it shall notify the other Party. The Parties shall hold consultations under the auspices of the Joint Council with a view to reaching a mutually acceptable solution. The Joint Council shall endeavour to achieve a mutually acceptable solution as soon as possible. If the Joint Council has failed to achieve a mutually acceptable solution within 60 days of the date of notification, the notifying Party may take appropriate measures. For the purposes of this paragraph, appropriate measures may include the suspension only of Parts I, II and IV of this Agreement.
5. Appropriate measures as referred to in paragraphs 3 and 4 of this Article shall be taken in full respect of international law and shall be proportionate to the failure to implement obligations under this Agreement. Priority must be given to those measures which least disturb the functioning of this Agreement.
Article 41.4
Security exceptions
1. Nothing in this Agreement shall be construed:
(a) to require a Party to furnish or provide access to any information the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) 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, as carried out directly or indirectly for the purposes of supplying a military establishment;
(ii) relating to fissionable and fusionable materials or the materials from which they are derived; or
(iii) taken in time of war or other emergency in international relations; or
(c) to prevent a Party from taking any action pursuant to its obligations under the Charter of the United Nations for the maintenance of international peace and security.
2. A Party shall inform the Joint Committee to the fullest extent possible of any action it takes under subparagraphs (b) and (c) of paragraph 1 and of the termination of that action.
Article 41.5
Entry into force and provisional application
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. Notwithstanding paragraph 1, the Parties may apply this Agreement, wholly or in part, on a provisional basis, in accordance with their respective internal procedures.
3. Provisional application shall begin on the first day of the second month following the date on which the Parties notify each other of the completion of their respective internal procedures, as necessary for that purpose, including Chile's confirmation of its agreement to provisionally apply the parts of this Agreement proposed by the EU Party.
4. Either Party may notify the other, in writing, of its intention to terminate the provisional application of this Agreement. Provisional application shall cease on the first day of the second month following that notification.
5. During the provisional application of this Agreement, the Joint Council and other bodies established under this Agreement may exercise their functions in relation to provisions subject to provisional application. Any decisions adopted in the exercise of their functions shall cease to be effective from the date on which the provisional application of this Agreement is terminated in accordance with paragraph 4. Past effects of decisions duly executed before that date shall not be affected.
6. Where, in accordance with paragraphs 2 and 3, a provision of this Agreement is provisionally applied pending the entry into force of this Agreement, any reference in that provision to the date of entry into force of this Agreement shall be understood to refer to the date from which the Parties apply that provision in accordance with paragraph 3.
7. Notifications made in accordance with this Article shall be sent, for the EU Party, to the Secretary-General of the Council of the European Union, and, for Chile, to the Ministry of Foreign Affairs.
Article 41.6
Amendments
1. The Parties may agree, in writing, to amend this Agreement. Amendments shall enter into force in accordance with the provisions of Article 41.5, mutatis mutandis.
2. Notwithstanding paragraph 1 of this Article, the Joint Council may adopt decisions to amend this Agreement in the cases referred to in subparagraph (a) of Article 8.5(1) and in Article 41.9(5).
Article 41.7
Other agreements
1. The Association Agreement, including any decisions taken under its Institutional Framework, shall cease to have effect and be replaced by this Agreement upon the entry into force of this Agreement.
2. The Interim Trade Agreement shall cease to have effect and be replaced by this Agreement upon the entry into force of this Agreement.
3. References to the Association Agreement, including any decisions taken under its Institutional Framework, or to the Interim Trade Agreement in all other agreements and understandings between the Parties shall be construed as referring to this Agreement.
4. The Parties may complement this Agreement by concluding specific agreements in any area of cooperation falling within the scope of Part II of this Agreement. Such specific agreements shall form an integral part of the overall bilateral relations as governed by this Agreement and shall be subject to a common institutional framework.
5. Existing bilateral agreements relating to specific areas of cooperation falling within the scope of Part II of this Agreement shall be considered part of the overall bilateral relations as governed by this Agreement and shall be subject to a common institutional framework.
6. Existing agreements falling within the scope of Part III of this Agreement shall cease to have effect upon the entry into force of this Agreement.
7. Upon the entry into force of this Agreement, any recommendations or decisions adopted by the Trade Council established by the Interim Trade Agreement shall be deemed to have been adopted by the Joint Council established by Article 40.1 of this Agreement. Any recommendations or decisions adopted by the Trade Committee established by the Interim Trade Agreement shall be deemed to have been adopted by the Joint Committee established by Article 40.2 of this Agreement.
8. Notwithstanding paragraph 2 of this Article:
(a) temporary safeguard measures adopted pursuant to Article 20.5 of the Interim Trade Agreement, which are in place on the date of entry into force of this Agreement, shall remain applicable until their natural expiration;
(b) bilateral safeguard measures adopted pursuant to Section C of Chapter 5 of the Interim Trade Agreement, which are in place on the date of entry into force of this Agreement, shall remain applicable until their natural expiration;
(c) dispute settlement procedures already initiated pursuant to Article 26.22(1) or Article 31.5 of the Interim Trade Agreement shall, as from the date of entry into force of this Agreement, continue until their completion; and
(d) the binding outcome of any dispute settlement procedure initiated pursuant to Article 26.22(1) or Article 31.5 of the Interim Trade Agreement shall remain binding on the Parties after the date of entry into force of this Agreement.
9. The Parties shall not be able to bring dispute settlement proceedings under this Agreement on matters that have been the subject of a final panel report under Chapter 26 or Chapter 31 of the Interim Trade Agreement.
10. Transition periods which have already completely or partially elapsed under the Interim Trade Agreement shall be taken into account when calculating transition periods provided for in equivalent provisions of this Agreement. Such transition periods under this Agreement shall be calculated starting from the date of entry into force of the Interim Trade Agreement.
11. Procedural periods which have already completely or partially elapsed under the Interim Trade Agreement shall be taken into account when calculating procedural periods provided for in equivalent provisions of this Agreement.
12. 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’) (148), 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 38 and to the Code of Conduct provided for in Annex 38-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 EU Party;
(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 Joint Committee, established pursuant to Article 40.2 of this Agreement, acting in trade configuration;
(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 13 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;
(f) for greater certainty, Article 41.11(2) of this Agreement applies to the Wine Agreement and to the Spirits Agreement; and
(92) For greater certainty, the date of signature and the date of entry into force of the Wine Agreement and the Spirits Agreement are the same as the date of signature and the date of entry into force of the Association Agreement.
(g) the Wine Agreement and the Spirits Agreement as incorporated into this Agreement shall be understood to include any amendments to the Wine Agreement and the Spirits Agreement as incorporated into the Interim Trade Agreement.
13. 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 Joint Committee, established pursuant to Article 40.2 of this Agreement, acting in trade configuration.
14. The Parties may amend the appendices to the Wine Agreement and to the Spirits Agreement, as incorporated, by exchange of letters (149).
Article 41.8
Annexes, appendices, protocols, notes and footnotes
The annexes, appendices, protocols, notes and footnotes to this Agreement shall form an integral part thereof.
Article 41.9
Future accessions to the European Union
1. The EU Party shall notify Chile of any request for accession of a third country to the European Union.
2. The EU Party 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. A new Member State shall accede to this Agreement in accordance with the terms decided by the Joint Council. That accession shall take effect from the date of accession of the new Member State to the European Union.
4. Notwithstanding paragraph 3 of this Article, Part III of this Agreement shall apply between the new Member State and Chile as from the date of accession of that new Member State to the European Union.
5. In order to facilitate the implementation of paragraph 4 of this Article, as from the date of signature of an Accession Treaty, the Joint Committee shall examine any effects on this Agreement deriving from the accession of a new Member State to the European Union, pursuant to subparagraph (f) of Article 8.6(1). The Joint 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 Joint Council adopted pursuant to this paragraph shall take effect on the date of accession of that new Member State to the European Union.
Article 41.10
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 41.11
References to laws and other agreements
1. Unless otherwise provided, where reference is made in this Agreement to the laws and regulations of a Party, those laws and regulations shall be understood to include any amendments thereto.
(93) For greater certainty, Chile will implement any amendments to the Wine Agreement and to the Spirits Agreement as incorporated into this Agreement through acuerdos de ejecución (executive agreements), in accordance with Chilean law.
2. Unless otherwise provided for in this Agreement, where international agreements are referred to or incorporated, in whole or in part, into this Agreement, they shall be understood to include any amendments thereto or successor agreements which enter into force for both Parties on or after the date of signature of this Agreement.
3. If any matter arises regarding the implementation or application of this Agreement as a result of any amendment or successor agreement as referred to in paragraph 2, the Parties may, on request of either Party, consult with each other with a view to finding a mutually satisfactory solution.
Article 41.12
Duration
This Agreement shall remain in force for an unlimited period.
Article 41.13
Termination
Notwithstanding Article 41.12, either Party may notify the other Party of its intention to terminate this Agreement. That notification shall be sent, for the EU Party, 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 41.14
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 Brussels on the thirteenth day of December in the year of two thousand and twenty three
FOR THE KINGDOM OF BELGIUM
This signature also commits the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish Region and the Brussels-Capital Region.
FOR THE REPUBLIC OF BULGARIA,
FOR THE CZECH REPUBLIC,
FOR THE KINGDOM OF DENMARK,
FOR THE FEDERAL REPUBLIC OF GERMANY,
FOR THE REPUBLIC OF ESTONIA,
FOR IRELAND,
FOR THE HELLENIC REPUBLIC,
FOR THE KINGDOM OF SPAIN,
FOR THE FRENCH REPUBLIC,
FOR THE REPUBLIC OF CROATIA,
FOR THE ITALIAN REPUBLIC,
FOR THE REPUBLIC OF CYPRUS,
FOR THE REPUBLIC OF LATVIA,
FOR THE REPUBLIC OF LITHUANIA,
FOR THE GRAND DUCHY OF LUXEMBOURG,
FOR HUNGARY,
FOR THE REPUBLIC OF MALTA,
FOR THE KINGDOM OF THE NETHERLANDS,
FOR THE REPUBLIC OF AUSTRIA,
FOR THE REPUBLIC OF POLAND,
FOR THE PORTUGUESE REPUBLIC,
FOR ROMANIA,
FOR THE REPUBLIC OF SLOVENIA,
FOR THE SLOVAK REPUBLIC,
FOR THE REPUBLIC OF FINLAND,
FOR THE KINGDOM OF SWEDEN,
FOR THE EUROPEAN UNION,
FOR THE REPUBLIC OF CHILE
Attachments
ANNEX 17-A. RESERVATIONS FOR EXISTING MEASURES
Headnotes
1.
The schedules of the Parties in Appendices 17-A-1 and 17-A-2 set out, pursuant to Articles 17.14 and 18.8, the reservations taken by the Parties with respect to existing measures that do not conform with obligations imposed by:
(a)
Article 18.6;
(b)
Article 17.9 or 18.4;
(c)
Article 17.11;
(d)
Article 17.13; or
(e)
Article 17.12.
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)