Proposal for a Council Decision concerning the conclusion of the Framework Cooperation Agreement in preparation for the eventual establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (96/C 258/05) COM(96) 259 final - 96/0149(ACC)

(Submitted by the Commission on 12 June 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 130y thereof, in conjunction with the first sentence of Article 228 (2) and the first subparagraph of paragraph 3 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Parliament,

Whereas Article 130u of the Treaty provides that Community policy in the sphere of development cooperation should foster the sustainable economic and social development of the developing countries, the smooth and gradual integration of those countries into the world economy and the combating of poverty in those countries;

Whereas the Framework Cooperation Agreement in preparation for the eventual establishment of a political and economic association between the Community and its Member States, of the one part, and the Republic of Chile, of the other part, should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Framework Cooperation Agreement in preparation for the eventual establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, is hereby approved on behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

In accordance with Article 33 of the Framework Cooperation Agreement, the President of the Council shall chair the Joint Cooperation Council and shall represent the Community on that Council. A representative of the Commission shall chair the Joint Cooperation Committee and the Joint Subcommittee on Trade in accordance with their rules of procedure and, assisted by the representatives of the Member States, shall represent the Community on those committees.

Article 3

The President of the Council shall give the notification provided for in Article 42 of the Agreement on behalf of the European Community.

Article 4

This Decision shall be published in the Official Journal of the European Communities.

ANNEX I

JOINT DECLARATION ON POLITICAL DIALOGUE BETWEEN THE EUROPEAN UNION AND CHILE

1. Preamble

THE EUROPEAN UNION AND CHILE,

Conscious of their common cultural heritage and the deep historical, political and economic ties which unite them;

Guided by their attachment to democratic values, and reiterating the fact that respect for human rights, the freedom of the individual and the principles of the rule of law, as the foundations of a democratic society, lie at the root of their domestic and foreign policies and of their joint undertaking;

Wishing to consolidate international peace and security in accordance with the principles set out in the United Nations Charter, and determined to apply the principles of preventing and peacefully resolving international disputes;

Declaring their interest in using regional integration to promote sustainable and harmonious development for their inhabitants, using as a foundation the principles of social progress and solidarity between their members;

Taking as a basis the special ties established by the Framework Cooperation Agreement between the European Community and Chile;

Have decided to give relations between them a long-term perspective.

2. Aims

Mindful of the conclusions adopted by the Council of the European Union on 17 July 1995 in the wake of the communication on the strengthening of relations between the European Union and Chile, the Parties reiterate their intention to enter into an agreement which will express their political will to achieve their ultimate goal of political and economic association.

To that end, the Parties' have agreed to step up political dialogue in order to ensure that there is closer consultation in areas of common interest, primarily through coordination of the Parties' positions in the appropriate multilateral forums.

Such dialogue could include other participants from the region or, where possible, be conducted simultaneously with other established forms of political dialogue.

3. Procedures

The Parties have agreed that political dialogue on bilateral and international issues of common interest should take the form of:

(a) periodic meetings between the President of Chile and the highest authorities of the European Union; the Parties should decide on the procedure to be used;

(b) periodic meetings between Foreign Ministers; the Parties should decide on the procedure to be used;

(c) periodic meetings between other ministers to discuss matters of common interest in cases in which the Parties consider that such meetings will result in closer relations;

(d) periodic meetings between senior officials of both Parties.

4.

The European Union and Chile agree that this Joint Declaration should signal the beginning of closer and deeper relations.

ANNEX II

JOINT DECLARATION ON THE DIALOGUE AT PARLIAMENTARY LEVEL

The Parties support the initiative put forward by the European Parliament and the Chilean Parliament to institutionalize a dialogue between them and state their willingness to foster the establishment and development of this parliamentary dialogue.

ANNEX

EXCHANGE OF LETTERS concerning the provisional application of certain provisions of the Framework Cooperation Agreement in preparation for the eventual establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

Brussels, . . . 1996

Letter No 1

Sir,

I have the honour to refer to the Framework Cooperation Agreement in preparation for the eventual establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, signed on 22 June 1996.

Pending the entry into force of that Agreement, I would propose that the European Community and the Republic of Chile, if the legal system of the latter so permits, apply provisionally the provisions of that trade cooperation Agreement as set out in Articles 4 to 7 and 9 of Title III of the Agreement.

During the period of provisional application, the relevant provisions of the Framework Cooperation Agreement between the European Community and the Republic of Chile, signed on 20 December 1990, will remain in force provided that they do not replicate or conflict with the provisions of the Agreement signed on 22 June 1996 which are applied provisionally.

I would propose, in addition, the provisional application of certain provisions concerning the setting-up of bodies to supervise the implementation of the cooperation Agreement as set out in Articles 35, 37 and 38 of the Agreement signed on 22 June 1996.

The Joint Committee specified in Article 35 of that Agreement will be responsible for matters which fell within the scope of the Joint Cooperation Committee set up under Article 17 of the Agreement signed on 20 December 1990.

The subcommittees and working groups set up under the 1990 Agreement will continue to perform the functions which fall within their scope.

Finally, I have the honour to propose that, if the foregoing points are accepted by Chile, this letter and its confirmation should together constitute an agreement between the European Community and Chile which would enter into force with effect from the date of your letter of confirmation.

Please, accept, Sir, the assurance of my highest consideration.

For the Council of the European Community

Letter No 2

Sir,

I have the honour to acknowledge receipt of your letter of today's date concerning the provisional application of certain provisions of the Framework Cooperation Agreement in preparation for the eventual establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, signed on 22 June 1996, which reads as follows:

'Pending the entry into force of that Agreement, I would propose that the European Community and the Republic of Chile, if the legal system of the latter so permits, apply provisionally the provisions of that trade cooperation Agreement as set out in Articles 4 to 7 and 9 of Title III of the Agreement.

During the period of provisional application, the relevant provisions of the Framework Cooperation Agreement between the European Community and the Republic of Chile, signed on 20 December 1990, will remain in force provided that they do not replicate or conflict with the provisions of the Agreement signed on 22 June 1996 which are applied provisionally.

I would propose, in addition, the provisional application of certain provisions concerning the setting-up of bodies to supervise the implementation of the cooperation Agreement as set out in Articles 35, 37 and 38 of the Agreement signed on 22 June 1996.

The Joint Committee specified in Article 35 of that Agreement will be responsible for matters which fell within the scope of the Joint Cooperation Committee set up under Article 17 of the Agreement signed on 20 December 1990.

The subcommittees and working groups set up under the 1990 Agreement will continue to perform the functions which fall within their scope.

Finally, I have the honour to propose that, if the foregoing points are accepted by Chile, this letter and its confirmation should together constitute an agreement between the European Community and Chile which would enter into force with effect from the date of your letter of confirmation.`

I have the honour to confirm that the Government of Chile is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Republic of Chile

ANNEX III

JOINT DECLARATION ON INTER-REGIONAL ECONOMIC COOPERATION

1. By common accord the Parties will seek ways of linking their methods of preparing for the liberalization of trade with the methods they employ in connection with other individual countries or regional entities, and particularly with the Southern Cone Common Market (Mercosur). Such activities will depend on how regional integration has progressed and on the degree to which they help to achieve the aims of the Agreement.

2. In that connection, the Parties will examine the possibility of Chile becoming involved in the cooperation programmes provided for in the Agreement between the European Community and its Member States and the Southern Cone Common Market and its member countries, and of Mercosur becoming involved in the cooperation programmes provided for in this Agreement. Procedures will be determined on a case-by-case basis by all interested Parties.