Proposal for a COUNCIL DECISION on the signature and provisional application of an Additional Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

(presented by the Commission)

EXPLANATORY MEMORANDUM

According to the terms of Article 6(2) of the Act of Accession of new EU Member States to the EU, the accession of the new EU Member States to the EU-Chile Association Agreement shall be agreed by means of an additional protocol to this Agreement. The same article provides for a simplified procedure, whereby the protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third country concerned. This procedure is without prejudice to the Community's own competences.

On 22 December 2003 the Council approved a mandate for the Commission to negotiate such a protocol with Chile. These negotiations have since been completed to the satisfaction of the Commission.

The attached proposals are for (1) a Council Decision on the signature and provisional application of the Additional Protocol and (2) a Council Decision on the conclusion of the Additional Protocol. The text of the protocol negotiated with Chile is attached. The Commission requests the Council to approve the attached draft Council Decisions for the signature, provisional application and conclusion of the Additional Protocol.

The European Parliament will be called upon to give its assent to this Protocol.

Proposal for a COUNCIL DECISION on the signature and provisional application of an Additional Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 310 thereof in conjunction with Article 300(2) first subparagraph, first and second sentence thereof,

Having regard to the Act of Accession of the new Member States to the European Union, and in particular to Article 6(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) On 22 December 2003 the Council authorised the Commission, on behalf of the European Community and its Member States, to negotiate with Chile an Additional Protocol to the Association Agreement between the European Community and its Member States, on the one part, and Chile, on the other part, to take account of the accession of the new Member States to the EU,

(2) These negotiations have been concluded and the Additional Protocol was initialled on 30 April 2004,

(3) Subject to its possible conclusion at a later date, the Additional Protocol should be signed on behalf of the Community and the provisional application of certain of its provisions should be approved,

HAS DECIDED AS FOLLOWS:

Sole Article

1. The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, the Additional Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union. The text of the Additional Protocol is attached to this decision.

2. The following provisions of the Additional Protocol shall be applied provisionally pending its entry into force: Articles 2, 3, 4, 5, 6, 11 and 12.

Done at Brussels,

For the Council

The President