Proposal for a Council Decision on a Community Position concerning the rules of procedure of the Association Council, the Association Committee and the Special Committees set up by 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
Date: 2003-02-21
Institutions: European Commission
Subjects: Association Council (EU), Chile, association agreement (EU), joint body (EU), rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.02.2003
COM(2003) 87 final

Proposal for a

COUNCIL DECISION

on a Community Position concerning the rules of procedure of the Association Council,
the Association Committee and the Special Committees set up by 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Association Agreement between the European Community and its Member States and the
Republic  of  Chile  was  signed  on  18  November  2002,  and  the  provisions  relating  to  the
institutional framework of the Agreement (Articles 3 to 11) have been applied provisionally
since 1 February 2003.

Article 3 of the Agreement established an Association Council, which will examine any major
issues arising within the framework of the Agreement and any other bilateral, multilateral or
international  issue  of  mutual  interest.  The  Association  Council  will  be  assisted  in  the
performance  of  its  duties  by  an  Association  Committee  and  by  Special  Committees,  as
referred to in Articles 6 and 7 of the Agreement respectively. The Association Committee will
be responsible for general implementation of the Agreement.

Articles  4(2),  6(3)  and  7(3)  of  the  Agreement  specify  that  the  Association  Council  must
establish  its  own  rules  of  procedures,  plus  those  of  the  Association  Committee  and  of  the
Special Committees insofar as they are not provided for by the Agreement. The first meeting
of the Association Council is scheduled for 27 March 2003, and the rules of procedures of the
Association  Council,  of  the  Association  Committee  and  the  Special  Committees  are  to  be
adopted on that occasion.

2

Proposal for a

COUNCIL DECISION

on a Community Position concerning the rules of procedure of the Association Council,
the Association Committee and the Special Committees set up by 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

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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,  was
signed on 18 November 2002, and certain of its provisions, including those relating to
the institutional framework, have been applied provisionally since 1 February 2003.

Article  3  of  the  said  Agreement  establishes  an  Association  Council,  which  will
examine  any  major  issues  arising  within  the  framework  of  the  Agreement  and  any
other bilateral, multilateral or international issue of mutual interest.

Article  6  of  the  said  Agreement  establishes  an  Association  Committee,  which  will
assist the Association Council in the performance of its duties and be responsible for
general implementation of the Agreement.

Article 7 of the said Agreement provides that the Association Council will be assisted
in  the  performance  of  its  duties  by  the  Special  Committees  established  in  the
Agreement.

Articles  4(2),  6(3)  and  7(3)  of  the  said  Agreement  provide  that  the  Association
Council  must  adopt  its  rules  of  procedure  and  establish  those  of  the  Association
Committee and of the Special Committees.

The  Community  should  determine  the  position  to  be  taken  within  the  Association
Council  with  regard  to  the  adoption  of  the  rules  of  procedure  for  the  Association
Council, the Association Committee and the Special Committees,

1

OJ C […], […], p. […]

3

                                                
HAS DECIDED AS FOLLOWS:

Sole Article

The  position  to  be  adopted  by  the  Community  within  the  Association  Council  set  up  by
Article  3  of  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, shall be
based on the draft decision of the Association Council annexed to this Decision.

Done at Brussels, […]

For the Council
The President

4

ANNEX

DECISION No 1/2003 OF THE ASSOCIATION COUNCIL

set up by 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

of...........

concerning the adoption of the rules of procedure of the Association Council, the
Association Committee and the Special Committees

THE EU-CHILE ASSOCIATION COUNCIL,

(/…/)

Having  regard  to  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 (hereinafter referred to as the “Agreement”), signed in Brussels on 18 November 2002,
and in particular Articles 4(2), 6(3) and 7(3) thereof,

Whereas:

(1)

The Association Council must establish its own rules of procedure, plus those of the
Association Committee and of the Special Committees,

HAS DECIDED AS FOLLOWS:

Article 1

The rules of procedure of the Association Council are established as set out in the Annex. The
rules  of  procedure  of  the  Association  Committee  and  of  the  Special  Committees  are
established as set out in Appendix I and Appendix II respectively.

Article 2

This Decision shall enter into force on [...].

Done at [...], [...]

For the Association Council
The Chairman

5

ANNEX

RULES OF PROCEDURE OF THE ASSOCIATION COUNCIL
set up by 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

Article 1

Chair

The Association Council shall be chaired alternately for periods of 12 months by a member of
the Council of the European Union and by the Minister of Foreign Affairs of Chile. The first
Chair period shall begin on the date of the first Association Council meeting  and end on 31
December of the same year.

Article 2

Meetings

1.

2.

3.

1.

2.

The  Association  Council  shall  meet  at  ministerial  level  at  regular  intervals,  not
exceeding  a  period  of  two  years,  and  extraordinarily  whenever  circumstances  so
require, if the Parties so agree.

Each session of the Association Council shall be held at a date and place agreed by
both Parties.

The meetings of the Association Council shall be convened jointly by the Secretaries
of the Association Council.

Article 3

Representation

The members of the Association Council may be represented if unable to attend.

A  member  wishing  to  be  represented  shall  notify  the  Chairman  of  the  Association
Council of the name of his or  her representative before the  meeting  at which he or
she  is  to  be  so  represented.  The  representative  of  a  member  of  the  Association
Council shall exercise all the rights of that member.

Article 4

Delegations

The  members  of  the  Association  Council  may  be  accompanied  by  officials.  Before  each
meeting,  the  Chairman  of  the  Association  Council  shall  be  informed  of  the  intended
composition of the delegation of each Party.

6

Article 5

Secretariat

An official of the General Secretariat of the Council of the European Union and an official of
the  Ministry  of  Foreign  Affairs  of  Chile  shall  act  jointly  as  secretaries  of  the  Association
Council.

Article 6

Documents

Where  the  deliberations  of  the  Association  Council  are  based  on  written  supporting
documents,  such  documents  shall  be  numbered  and  circulated  as  documents  of  the
Association Council by the two Secretaries.

Article 7

Correspondence

1.

2.

3.

All correspondence addressed to the Association Council shall be forwarded to both
Secretaries of the Association Council.

The two secretaries shall ensure that correspondence is forwarded to the Chairman of
the Association Council and, where appropriate, circulated as documents referred to
in  Article  6  of  these  rules  of  procedures  to  the  other  members  of  the  Association
Council.  Correspondence  circulated  shall  be  sent  to  the  Secretariat-General  of  the
Commission, the Permanent Representations of the Member States of the European
Union and the diplomatic mission to the European Union of the Republic of Chile in
Brussels.

Correspondence from  the  Chairman of the Association  Council  shall  be  sent  to  the
recipients  by  the  two  secretaries  and,  where  appropriate,  circulated  as  documents
referred  to  in  Article  6  of  these  rules  of  procedures  to  the  other  members  of  the
Association Council at the addresses indicated in paragraph 2.

7

1.

2.

3.

4.

1.

2.

3.

4.

Article 8

Agenda for the meetings

A provisional agenda  for  each meeting  shall  be  drawn  up  by  the  Secretaries  of  the
Association  Council  on  the  basis  of  suggestions  made  by  the  Parties.  It  shall  be
forwarded by the Secretaries of the Association Council to the addressees referred to
in Article 7 of these rules of procedures no later than 15 days before the beginning of
the meeting.

The provisional agenda shall  include  the items for which a  request  for  inclusion  in
the agenda has been received by  either of the two Secretaries no later than 21 days
before the beginning of the meeting, although such items will not be included in the
provisional  agenda  unless  the  supporting  documents  have  been  forwarded  to  the
secretaries no later than the date of dispatch of the provisional agenda.

The  agenda  shall  be  adopted  by  the  Association  Council  at  the  beginning  of  each
meeting.  An  item  other  than  those  appearing  on  the  provisional  agenda  may  be
placed on the agenda if the Parties so agree.

With the agreement  of  the  Parties,  the  time  limits  specified  in  paragraph  1  may  be
shortened in order to take account of the requirements of a particular case.

Article 9

Minutes

Draft  minutes  of  each  meeting  shall  be  drawn  up  jointly  by  the  two  Secretaries  as
soon as possible.

The minutes shall, as a general rule, indicate in respect of each item on the agenda:

(a)

the documents submitted to the Association Council,

(b)

(c)

any  statement  that  a  member  of  the  Association  Council  has  asked  to  be
entered,

the  decisions  taken,  recommendations  made,  statements  agreed  upon  and
conclusions adopted on specific items.

The minutes shall also include a list of members of the Association Council or their
representatives  who  took  part  in  the  meeting,  and  a  list  of  the  members  of  the
Delegations accompanying them.

The minutes shall be approved in writing by both Parties within three months of the
date  of  the  meeting.  Once  approved,  two  authentic  copies  of  the  minutes  shall  be
signed  by  the  two  Secretaries  and  one  original  copy  shall  be  filed  by  each  of  the
Parties. A copy of the minutes shall be forwarded to each of the addressees referred
to in Article 7 of these rules of procedures.

8

Article 10

Decisions and recommendations

The  Association  Council  shall  adopt  decisions  and  recommendations  by  mutual
agreement between the Parties.

In  the  period  between  meetings,  the  Association  Council  may  adopt  decisions  or
recommendations by written procedure if both Parties so agree. A written procedure
shall  consist  of  an  exchange  of  notes  between  the  two  Secretaries,  acting  in
agreement with the Parties.

Decisions  and  recommendations  of  the  Association  Council  within  the  meaning  of
Article  5  of  the  Agreement  shall  be  entitled  "Decision"  and  "Recommendation"
respectively,  and  followed  by  a  serial  number,  the  date  of  their  adoption  and  a
description  of  their  subject.  Each  decision  shall  specify  the  date  of  its  entry  into
force.

Decisions and recommendations of the Association Council shall be authenticated by
the two secretaries and two authentic copies signed by the Heads of delegation of the
two Parties.

Decisions  and  recommendations  shall  be  forwarded  to  each  of  the  addressees
referred to in Article 7 of these rules of procedures as documents of the Association
Council.

Article 11

Publicity

Unless otherwise decided, meetings of the Association Council shall not be public

Each Party may decide on the publication of the decisions and recommendations of
the Association Council in its respective official publication.

Article 12

Languages

The official languages of the Association Council shall be the official  languages of
the Parties.

Unless  otherwise  decided,  the  Association  Council  shall  normally  base  its
deliberations on documentation and proposals prepared in the languages  referred to
in paragraph 1.

1.

2.

3.

4.

5.

1.

2.

1.

2.

9

Article 13

Expenses

1.

2.

1.

2.

3.

4.

5.

Each  Party  shall  meet  any  expenses  incurred  as  a  result  of  participating  in  the
meetings of the Association Council, both with regard to staff, travel and subsistence
expenditure and with regard to postal and telecommunications expenditure.

Expenditure in connection with the practical organisation of meetings, interpreting at
meetings,  translation  and  reproduction  of  documents  shall  be  borne  by  the  Party
hosting the meeting.

Article 14

Association Committee

The Association Committee is hereby established in accordance with Article 6 of the
Agreement for the purposes of assisting the Association Council in the performance
of its duties and of taking on the responsibility for the general implementation of the
Agreement.

The Committee shall be composed of representatives of the members of the Council
of  the  European  Union  and  representatives  of  the  Commission  of  the  European
Communities, on the one hand, and of  representatives of the Government of  Chile,
on the other, normally at senior officials level, having regard to Articles 6(1), 54(1)
and 193(1) of the Agreement and without prejudice to Article 89(3).

In addition to performing the specific tasks conferred upon it by the Agreement, the
Association  Committee  shall  prepare  the  meetings  and  deliberations  of  the
Association Council, monitor implementation of the decisions and recommendations
of  the  Association  Council  where  appropriate  and,  in  general,  ensure  continuity  of
the  Association  relationship  and  the  proper  functioning  of  the  Agreement.  It  shall
consider  any  matter  referred  to  it  by  the  Association  Council  as  well  as  any  other
matter  which  may  arise  in  the  course  of  day-to-day  implementation  of  the
Agreement.

In cases where the Agreement refers to possible consultation, such consultation may
take place within the Association Committee. This consultation may continue in the
Association Council if the two Parties so agree, except where otherwise provided in
the Agreement.

The rules of procedure of the  Association  Committee are  attached  to these rules of
procedures  as  Appendix  I.  These  rules  are  without  prejudice  to  any  special  rules
provided for in the Agreement.

10

Article 15

Special Committees

1.

2.

The  Association  Council  shall  be  assisted  in  the  performance  of  its  duties  by  the
Special  Committees  established  in  the  Agreement.  The  rules  of  procedure  of  these
Special  Committees  are  without  prejudice  to  any  special  rules  provided  for  in  the
Agreement. The rules of procedure of the Special Committees are attached to these
rules of procedures as Appendix II.

Without  prejudice  to  Article  193  of  the  Agreement,  the  Association  Council  may
decide  to  set  up  other  Special  Committee  in  accordance  with  Article  7(2)  of  the
Agreement. The rules of procedures of these Special Committees shall be adopted by
the Association Council.

Done at [Brussels], [……….]

For the Association Council
The Chairman

11

APPENDIX I

RULES OF PROCEDURE OF THE ASSOCIATION COMMITTEE
set up by 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

Article 1

Chair

1.

2.

1.

2.

The Association Committee shall be chaired alternately for periods of 12 months by
an  official  of  the  Commission  of  the  European  Community,  on  behalf  of  the
Community and its Member States, and by an official of the Chilean Government, at
senior official level.

The first Chair period shall begin on the date of the first Association Council meeting
and  end  on  31  December  of  the  same  year.  For  that  period  and  thereafter  for  each
twelve-month  period,  the  Association  Committee  shall  be  chaired  by  the  Party
holding the Chair in the Association Council.

Article 2

Meetings

The Association Committee shall meet once a year or when circumstances so require,
with  the  agreement  of  both  Parties.  If  both  Parties  agree,  the  meetings  of  the
Association Committee may be held by video or teleconference

Each  meeting  of  the  Association  Committee  shall  be  convened  jointly  by  both
Secretaries at a date and place agreed by both Parties.

Article 3

Delegations

Before  each  meeting,  the  Chairman  of  the  Association  Committee  shall  be  informed  of  the
intended composition and the Head of the delegation of each Party.

Article 4

Secretariat

1.

2.

An official of the  European Commission and an official of the Ministry of  Foreign
Affairs of Chile, shall act jointly as Secretaries of the Association Committee.

All correspondence with the Chairman of the Association Committee provided for in
these  rules  of  procedure  shall  be  forwarded  to  the  Secretaries  of  the  Association
Committee  and  the  Secretaries  and  the  Chairman  of  the  Association  Council  and,
where appropriate, to the members of the Association Committee.

12

Article 5

Publicity

Unless otherwise decided, the meetings of the Association Committee shall not be public.

1.

2.

3.

4.

5.

1.

2.

Article 6

Agenda for the meetings

A provisional agenda  for  each meeting  shall  be  drawn  up  by  the  Secretaries  of  the
Association Committee. It shall be forwarded to the Chairman and Secretaries of the
Association Council as well as to the members of the Association Committee no later
than 15 days before the beginning of the meeting.

The  provisional  agenda  shall  include  items  in  respect  of  which  the  Chairman  has
received  a  request  for  inclusion  in  the  agenda  no  later  than  21  days  before  the
beginning of the meeting, although such items will not be included in the provisional
agenda unless the supporting documents  have been forwarded to  the  Secretaries  no
later than the date of dispatch of the provisional agenda.

The agenda shall be adopted by the Association Committee at the beginning of each
meeting.  An  item  other  than  those  appearing  on  the  provisional  agenda  may  be
placed on the agenda if the two Parties so agree.

The  Association  Committee  may  ask  experts  to  attend  its  meetings  in  order  to
provide information on particular subjects.

The Chairman may, in agreement with the two Parties, shorten the periods specified
in  paragraphs  1  and  2  in  order  to  take  account  of  the  requirements  of  a  particular
case.

Article 7

Minutes

Draft  minutes  of  each  meeting  shall  be  drawn  up  jointly  by  the  two  Secretaries  as
soon as possible.

The minutes shall, as a general rule, indicate in respect of each item on the agenda:

(a)

the documents submitted to the Association Committee,

(b)

(c)

any  statement  that  a  member  of  the  Association  Committee  has  asked  to  be
entered,

the  decisions  taken,  recommendations  made,  statements  agreed  upon  and
conclusions adopted on specific items.

3.

The  minutes  shall  also  include  a  list  of  members  of  the  Association  Committee  or
their representatives who took part in the meeting.

13

4.

1.

2.

3.

1.

2.

3.

The minutes shall be approved in writing by both Parties within two months of the
date  of  the  meeting.  Once  approved,  two  authentic  copies  of  the  minutes  shall  be
signed  by  the  two  Secretaries  and  one  original  copy  shall  be  filed  by  each  of  the
Parties.  A  copy  of  the  minutes  shall  be  forwarded  to  the  Chairman  and  the
Secretaries  of  the  Association  Council  and  to  the  members  of  the  Association
Committee.

Article 8

Decisions and Recommendations

Where  the  Association  Committee  is  empowered  under  the  Agreement  to  adopt
decisions  or  recommendations,  such  acts  shall  be  entitled  "Decision"  or
"Recommendation" respectively,  and followed by a serial number,  the  date  of their
adoption and a description of their subject. Each decision shall specify the date of its
entry into force.

Whenever the Association Committee takes a decision, Articles 10, 11 and 12 of the
rules of procedures of the Association Council shall apply mutatis mutandis.

Decisions and recommendations of the Association Committee shall be forwarded to
the addressees referred to in Article 4 of these rules of procedure.

Article 9

Expenses

The Republic of Chile and the European Community shall each meet  any  expenses
incurred  as  a  result  of  participating  in  the  meetings  of  the  Association  Committee,
both with regard to staff, travel and subsistence expenditure and with regard to postal
and telecommunications expenditure.

Expenditure  in  connection  with  the  practical  organisation  of  meetings  and
reproduction of documents shall be borne by the Party hosting the meeting.

Expenditure in connection with interpreting at meetings and translation of documents
into  or  from  Spanish  and  English  shall  be  borne  by  the  Party  hosting  the  meeting.
Interpreting  and  translation  into  or  from  the  other  official  languages  of  the  Parties
shall be borne by the Community.

14

Article 10

Functions under other Agreements

1. 

2. 

3. 

The  Association  Committee  shall  replace  the  Joint  Committee  established  in  Article
35(1) of the Framework Agreement signed on 21 June 1996.

The Steering Committee established in Article 6(b) of the Agreement for scientific and
technological  co-operation  between  the  European  Community  and  the  Republic  of
Chile signed on 23 September 2002, shall refer to the Association Committee referred
to in Article 54 of the Association Agreement.

The  Joint  Follow-up  Group  established  by  Article  9  of  the  Agreement  between  the
Republic of Chile and the European Community of 24 November 1998 on precursors
and chemical substances frequently used  for the illicit manufacture  of  narcotic  drugs
and psychotropic substances shall report to the Association Committee.

15

APPENDIX II

RULES OF PROCEDURE OF THE SPECIAL COMMITTEES
set up by 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

Article 1

Chair

Unless otherwise specified in the Agreement, the meetings of the Special Committees shall be
chaired alternately by a representative of the European Commission and by an official of the
Chilean Government.

Article 2

Meetings

Unless otherwise specified in the Agreement, the Special Committees shall meet upon request
of either Party at a date and place agreed in advance between the Parties.

Article 3

Delegations

Before  each  meeting,  the  Chairman  of  the  Special  Committee  shall  be  informed  of  the
intended composition and the Head of the delegation of each Party.

Article 4

Secretariat

1.

2.

An  official  of  the  European  Commission,  on  the  one  hand,  and  an  official  of  the
Government  of  Chile,  on  the  other,  shall  act  jointly  as  Secretaries  of  the  Special
Committees.

All correspondence with the Chairmen of the Special Committees shall be forwarded
to the Secretaries of the Special Committees and to the Secretaries and the Chairman
of  the  Association  Committee  and,  where  appropriate,  to  the  members  of  the
Association Committee.

Article 5

Documents

Where  the  deliberations  of  the  Special  Committees  are  based  on  written  supporting
documents,  such  documents  shall  be  numbered  and  circulated  as  documents  of  the  Special
Committees by the two Secretaries.

16

Article 6

Publicity

Unless otherwise decided, the meetings of the Special Committees shall not be public.

1.

2.

1.

2.

3.

4.

Article 7

Agenda for the meetings

A provisional agenda  for  each meeting  shall  be  drawn  up  by  the  Secretaries  of  the
Special  Committees  no  later  than  30  days  before  the  meeting,  together  with  the
supporting documents.  The  agenda shall  be forwarded  to the  Chairman, Secretaries
and  members  of  the  Association  Committee  no  later  than  15  days  before  the
beginning of the meeting. The agenda shall be adopted by the Special Committees at
the  beginning  of  each  meeting.  Items  not  on  the  provisional  agenda  may  be  added
with the agreement of both Parties.

With  the  agreement  of  the  Parties  the  time  limits  specified  in  paragraph  1  may  be
shortened in order to take account of the requirements of a particular case.

Article 8

Minutes

Draft  minutes  of  each  meeting  shall  be  drawn  up  jointly  by  the  two  Secretaries
directly after the meeting.

The minutes shall, as a general rule, indicate in respect of each item on the agenda:

(a)

the documents submitted to the Special Committee,

(b)

(c)

any  statements  that  a  member  of  the  Special  Committee  has  asked  to  be
entered,

the  recommendations  made,  statements  agreed  upon  and  conclusions  adopted
on specific items.

The minutes shall also include a list of members  of the Special  Committee or  their
representatives who took part in the meeting.

The  minutes  shall  be  approved  in  writing  by  both  Parties  within  one  month  of  the
date  of  the  meeting.  Once  approved,  two  authentic  copies  of  the  minutes  shall  be
signed  by  the  two  Secretaries  and  one  original  copy  shall  be  filed  by  each  of  the
Parties.  A  copy  of  the  minutes  shall  be  forwarded  to  the  Chairman  and  the
Secretaries  of  the  Association  Committee  and  to  the  members  of  the  Special
Committee.

17

Article 9

Recommendations

1.

2.

3.

1.

2.

3.

In  those  cases  provided  for  in  the  Agreement  where  a  Special  Committee  is
empowered 
entitled
"Recommendation", and followed by a serial number, the date of their adoption and a
description of their subject.

recommendations, 

to  make 

shall 

such 

acts 

be 

Where  the  Special  Committee  makes  a  recommendation,  the  provisions  of  Articles
10, 11 and 12 of rules of procedures of the Association Council shall apply mutatis
mutandis.

Recommendations of the Special Committees shall be forwarded to the Secretaries of
the Association Committee.

Article 10

Expenses

The Republic of Chile and the European Community shall each meet  any  expenses
incurred as a result of participating in the meetings of the Special Committees, both
with regard to staff, travel and subsistence expenditure and with regard to postal and
telecommunications expenditure.

Expenditure  in  connection  with  the  practical  organisation  of  meetings  and
reproduction of documents shall be borne by the Party hosting the meetings.

Expenditure in connection with interpreting at meetings and translation of documents
into  or  from  Spanish  and  English  shall  be  borne  by  the  Party  hosting  the  meeting.
Interpreting  and  translation  into  or  from  the  other  official  languages  of  the  Parties
shall be borne by the Community.

Article 11

Reporting

The Special Committees shall report to the Association Committee.

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