Source: EURLEX
Language: en
Format: md

18. 12. 90 Official Journal of the European Communities No C 318/7

FRAMEWORK AGREEMENT

for cooperation between the European Economic Community and the Republic of Chile

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

of the one part,

THE GOVERNMENT OF THE REPUBLIC OF CHILE,

of the other part,

CONSIDERING the traditional links of friendship between the Member States of the European
Economic Community, hereinafter referred to as 'the Community', and the Republic of Chile,
hereinafter referred to as 'Chile',

REAFFIRMING the importance they attach to the principles of the United Nations Charter, to
democratic values and to respecting human rights,

CONSIDERING the readiness of the Community and its Member States to help address the
social and economic problems confronting Chile as it returns to democracy,

TAKING ACCOUNT of their mutual interest in establishing contractual links in order to
develop extensive cooperation in areas which are of key importance to social and economic
progress, and in stepping up and diversifying trade and encouraging the flow of investment,

MINDFUL of the importance of securing the participation in cooperation of the individuals and
bodies with a direct interest in the matter, particularly economic operators and the bodies
which represent them,

TAKING ACCOUNT of their membership of the General Agreement on Tariffs and Trade
(GATT) and of the need to uphold and reinforce the rules for free and unhampered international trade,

HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotentiaries :

THE COUNCIL OF THE EUROPEAN COMMUNITIES:

THE REPUBLIC OF CHILE:

WHO, having exchanged their full powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

N o C 318/8 Official Journal of the European Communities 18. 12.90

_Article 1_

Democratic basis for cooperation

Cooperation ties between the Community and Chile and
this Agreement in its entirety are based on respect for the
democratic principles and human rights which inspire the
domestic and and external policies of both the
Community and Chile.

_Article 2_

Economic cooperation

1. The Contracting Parties, taking into account their
mutual interest and long and medium-term economic
objectives, undertake to establish economic cooperation
of the widest possible scope. The aims of such
cooperation shall be in particular:

(a) generally to step up and diversify economic links
between them;

(b) to contribute to the development of their economies
and standards of living;

(c) to open up new markets and new sources of supply;

(d) to encourage the flow of investment;

(e) to promote cooperation between economic
operators, particularly small and medium-sized
enterprises;

(f) to create new jobs, especially in the most disadvantaged sectors, and for young people and women;

(g) to protect and improve the environment;

(h) to encourage rural development including an
increase in agricultural and food production.

2. Without excluding any area from the outset, the
Contracting Parties shall determine by common
agreement the spheres to be covered by economic
cooperation. Cooperation shall centre particularly on the
following:

(a) energy and mining;

(b) agriculture, fisheries and forestry,

(c) industry, especially the capital goods and other
industries connected with the sectors referred to

above and also support services;

(d) financial, banking and insurance services;

(e) activities connected with transport, telecommunications, telematics, tourism and other tertiary
industries;

(f) intellectual and industrial property;

(g) quality standards and control.

3. In the interests of attaining the objectives of
economic cooperation, the Contracting Parties shall,
each in accordance with its laws, endeavour to promote
activities including the following:

(a) a continuous exchange of views and information in
connection with cooperation, primarily by gaining
access to existing databases or by setting up new

ones;

(b) setting up joint ventures;

(c) negotiating agreements on transferring technology
and on subcontracting and representation;

(d) cooperation between financial institutions;

(e) conventions between the Member States of the
Community and Chile to prevent double taxation;

(f) organizing visits, meetings and activities for
promoting cooperation between individuals and delegations representing firms or economic organizations, and creating the appropriate machinery and
institutions;

(g) organizing seminars and meetings between businessmen, arranging and holding specialized fairs,
exhibitions and symposia, and promoting contacts
between economic operators at these events;

(h) participation by the enterprises of one of the
Contracting Parties in the fairs and exhibitions of the
other Party;

(i) consultancy services and the provision of technical
assistance, particularly for trade promotion and
marketing.

_Article 3_

Industrial cooperation

The Contracting Parties agree to promote the widening
and diversification of Chile's production in the industrial
and service sectors, directing their cooperation activities
at small and medium-sized enterprises in particular and
encouraging steps to facilitate access on the part of these
enterprises to sources of capital, to markets and to the
appropriate technology. These steps may include the
joint establishment of suitable machinery and institutions.

18. 12.90 Official Journal of the European Communities No C 318/9

_Article 4_

Cooperation regarding the environment

1. The Contracting Parties undertake to cooperate on
the improvement and protection of the environment,
addressing the issues of water, soil and air pollution,
erosion, desertification and deforestation, and the
excessive exploitation of natural resources.

2. To this end, the Contracting Parties shall direct
their efforts as regards the environment towards the
following in particular:

(a) the establishment and improvement of environmental
protection structures in the public and private

sectors;

(b) the development and improvement of laws, regulations and standards;

(c) research, training and information; alerting public
opinion to the issues in question;

(d) the execution of studies and projects and the
provision of technical assistance;

(e) the organization of meetings, seminars, workshops,
conferences and visits among civil servants,
specialists, engineers, businessmen and others
fulfilling functions connected with the environment.

_Article 5_

Investment

The Contracting Parties agree:

(a) to promote, so far as their powers, rules and regulations and policies permit, an increase in mutually
beneficial investment;

(b) to improve further the favourable climate for mutual
investment between the Community Member States
and Chile, particularly by seeking agreements for the
promotion and protection of such investment on a
basis of non-discrimination and reciprocity.

_Article 6_

Cooperation on science and technology

1. In accordance with their mutual interest and the

aims of their development stategy, the Contracting
Parties undertake to promote cooperation on science and
technology, in the interests of helping:

(a) to make it easier for scientists to take part in
exchanges and move back and forth between the
Community and Chile;

(b) to establish permanent links between both Parties'
scientific and technological communities;

(c) to foster the transfer of technology;

(d) to create links between the Parties' research centres
in order to solve jointly problems of concern to both
_sides;_

(e) to open up opportunities for economic, industrial
and trade cooperation;

(f) to strengthen scientific and technological capacity
and stimulate innovation.

2. Without excluding any area from the outset, the
Contracting Parties shall together determine the spheres
to be covered by economic cooperation. Cooperation
shall include the following in particular:

(a) high-level science and technology, notably in fields
such as biotechnology, new materials, microelectronics, data processing and telecommunications;

(b) improving research capacity in areas in which it is
lacking;

(c) making and managing policy on science and technology;

(d) promoting efficient use of natural resources;

(e) helping repatriate Chilean scientists living abroad
who wish to return home;

(f) promoting regional integration and cooperation in
science and technology;

(g) disseminating information and expertise in science
and technology;

(h) technological development in the spheres of agriculture, agro-industry and marine science;

(i) links between higher education and research establishments and the productive sector.

3. The Contracting Parties shall facilitate and
encourage measures aimed at furthering the objectives of
scientific and technological cooperation between them,
in particular:

(a) joint research projects between the Parties' research
centres and other appropriate institutions;

(b) training for scientists, particularly in the form of
research periods in the research centres of the other
Contracting Party;

No C 318/10 Official Journal of the European Communities 18. 12.90

(c) the exchange of scientific information, particularly in
the form of jointly organized seminars, working
meetings and conferences, bringing together
prominent scientists from the countries involved.

4. The Parties undertake to lay down appropriate
procedures to bring about the greatest possible degree of
participation by their scientists and research centres in
cooperation between them.

_Article 7_

Trade promotion

The Contracting Parties undertake to develop and
diversify trade to the highest possible degree, taking into
account the economic situation of each of the Parties

and facilitating trade transaction between them as far as
possible.

_Article 8_

Most-favoured-nation treatment

The Contracting Parties shall grant each other mostfavoured-nation treatment in trade, in accordance with
the General Agreement on Tariffs and Trade.

_Article 9_

Temporary admission of goods

The Contracting Parties undertake to give consideration
to granting exemption from import duties and taxes for
goods temporarily imported into their territory which are
covered by the relevant international conventions.

_Article 10_

Trade cooperation

1. The Contracting Parties agree to examine ways and
means of eliminating barriers to trade between them,
particularly non-tariff barriers, taking account of the
work done in this connection by international organizations. They shall also examine, in a constructive spirit,
both bilaterally and multilaterally, any trade difficulties
that might arise between them, including those resulting
from the application of health, plant health or environmental measures.

2. More specifically, the Contracting Parties commit
themselves, each in accordance with its laws, to a policy
aimed at, _inter alia:_

(a) cooperating bilaterally and multilaterally in the field
of intellectual and industrial property, including
origin-related designations;

(b) facilitating cooperation between their customs
services, particularly in respect of vocational training,

simplification of procedures and detection of
infringements;

(c) taking each other's interests into account in relation
to supply of resources;

(d) laying the foundations for improving the terms of
access for their products to their respective markets;

(e) encouraging contacts between economic operators in
order to diversify and increase reciprocal flows of
trade in the various production sectors: agricultural,
forestry, mining and industry;

(f) examining, making recommendations on and
implementing measures for trade promotion in the
interests of stimulating the development of imports
and exports;

(g) as far as possible taking into consideration each
other's opinion on measures likely to have an adverse
effect on trade between them.

_Article 11_

Cooperation on social development

1. The Contracting Parties shall establish cooperation
in the field of social development in order to improve the
standard of living and quality of life of the most underprivileged sections of society.

2. Action to achieve this objective may include, _inter_
_alia,_ support for the following measures, especially in the
form of technical assistance:

(a) management and administration of social services;

(b) vocational training and job-creation programmes;

(c) setting up grassroots organizations and promoting
their activities;

(d) programmes or projects to improve housing in urban
and rural areas;

(e) drug abuse control and information campaigns;

(f) preventive health programmes.

_Article 12_

Cooperation concerning government

1. The Contracting Parties shall cooperate in contributing to the rationalization and modernization of
government service at national, regional and local level.

18. 12. 90 Official Journal of the European Communities No C 318/11

2. To attain these objecitves, the Contracting Parties
shall promote, _inter alia,_ the following activities:

(a) the provision of technical assistance for projects
aimed at reforming or improving the operation of
government service;

(b) meetings, visits, exchanges, seminars and training
courses for civil servants and the staff of public
institutions and government departments.

_Article 13_

Cooperation on information and communication

The Contracting Parties shall establish cooperation in the
field of information and communication, taking account
of the cultural dimension of their relations.

_Article 14_

Training

1. Cooperation established within the framework of
the Agreement shall include appropriate training. The
Contracting Parties shall also set up specific training
programmes in spheres of mutual interest.

2. Such action shall first and foremost be aimed at

training personnel, teachers or staff in positions of
responsibility in firms, government departments, public
services and other areas of economic and social activity.
It may include promoting cooperation agreements
between European and Chilean higher education and
training institutes, particularly those in the technical,
scientific and vocational training sectors.

_Article 15_

Regional cooperation and integration

1. Cooperation between the Contracting Parties may
extend to action undertaken within the context of

cooperation or integration agreements with other
countries in the same region, provided that such action is
compatible with those agreements.

2. Without discounting any sphere, the following
action shall be given particular consideration:

(a) cooperation on environmental issues at regional
level;

(b) development of intra-regional trade;

(c) the strengthening of regional public and private
sector institutions and the provision of support for
undertaking common policies and activities;

(d) regional communications.

_Article 16_

Resources for undertaking cooperation

In order to facilitate the achievement of the aims set out

in this Agreement, the Contracting Parties shall make
available, within the limits of their abilities and through
their own channels, the appropriate resources, including
financial resources.

_Article 17_

Joint Cooperation Committee

1. A Joint Cooperation Committee shall be established, consisting of representatives of the Community
and of Chile. It shall meet once a year, alternately in
Brussels and Santiago, on a date fixed by mutual
agreement. Extraordinary meetings may be convened by
agreement between the Contracting Parties.

2. The Joint Committee shall see to the proper functioning of the Agreement and shall examine all issues
arising from its application. In fulfilling this role, its main
functions will be to:

(a) consider measures for developing and diversifying
trade, in accordance with the objectives of this
Agreement;

(b) exchange views on any points of common interest
regarding trade and cooperation, including future
programmes and the resources for them;

(c) make recommendations for promoting the expansion
of trade and for intensified cooperation, without
neglecting the need to coordinate the measures
planned;

(d) in general terms, recommend solutions aimed at
helping to attain the objectives of this Agreement.

3. The Joint Committee may set up specialized
subcommittees to assist it in the performance of its
duties.

_Article 18_

Other agreements

1. Without prejudice to the provisions of the Treaties
establishing the European Communities, neither this
Agreement nor any action taken under it shall in any
way affect the powers of the Member States of the
Communities to undertake bilateral activities with Chile

in the field of economic cooperation or where appro

N o C 318/12 Official Journal of the European Communities 18. 12.90

priate to conclude
agreements with Chile.

new economic cooperation

widening the scope of cooperation, taking into account
the experience gained in its application.

_Article 21_

Entry into force and duration

1. This Agreement shall enter into force on the first
day of the month following the date on which the
Contracting Parties have notified each other of the
completion of the procedures necessary for this purpose.

2. This Agreement is concluded for a period of five
years. It shall be renewed on a yearly basis unless one of
the Contracting Parties denounces it six months before
the date of expiry.

_Article 22_

Annexes

The Annexes shall form an integral part of this
Agreement.

_Article 23_

Authentic languages

This Agreement is drawn up in duplicate in the Danish,
Dutch, English, French, German, Greek, Italian,
Portuguese and Spanish languages, each text being
equally authentic.

2. Subject to the provisions of paragraph 1 concerning
economic cooperation, the provisions of this Agreement
shall replace the provisions of the agreements concluded
between the Member States of the Communities and

Chile where such provisions are either incompatible with
or identical to the provisions of this Agreement.

_Article 19_

Territorial application

This Agreement shall apply, on the one hand, to the
territories in which the Treaty establishing the European
Economic Community is applied and under the
conditions laid down in that Treaty and, on the other, to
the territory of the Republic of Chile.

_Article 20_

Future developments

1. The Contracting Parties may by mutual consent
expand this Agreement with a view to increasing the
levels of cooperation and supplementing them, each in
accordance with its laws, by means of agreements on
specific sectors or activities.

2. Within the framework of this Agreement, either of
the Contracting Parties may put forward suggestions for

_ANNEX I_

_Exchange_ _of_ _letters_ _on maritime_ _transport_

Sir,

I have the honour to confirm the following:

'With regard to the barriers to trade which may arise for the European Economic Community and its
Member States or the Republic of Chile as a result of the operation of shipping, it has been agreed
that mutually satisfactory solutions on shipping should be sought with a view to promoting trade
development.

To this end, it has likewise been agreed that the issue should be discussed by the Joint Committee.'

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

18. 12. 90 Official Journal of the European Communities No C 318/13

_ANNEX II_

Declaration by the European Economic Community on the Generalized Preferences System

The European Economic Community confirms the importance of the Generalized Preferences System —
implemented by it in accordance with Resolution No 21 (II) of the Second United Nations Conference on
Trade and Development — for the developing countries' trade.

With a view to enabling Chile to make the best and fullest possible use of the European Economic
Community's preference scheme, the Community hereby declares its willingness to examine in the Joint
Committee the possibility of identifying ways of enabling Chile to derive maximum benefit from the
scheme in question.

Amendment to the proposal for a Council Directive amending for the seventh time Directive
67/548/EEC on the approximation of the laws, regulations and administrative provisions

relating to the classification, packaging and labelling of dangerous substances (')

_COM(90) 566 final_ — _SYN 227_

_(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 27 November_

_1990)_

(90/C 318/08)

The Commission, on the basis of the opinion delivered
by the European Parliament in its first reading on 10
October 1990, modifies its original proposal pursuant to
Article 149 (3) of the EEC Treaty as follows:

1. The second recital now reads:

'Whereas disparities in these conditions in the
Member States directly affect the functioning of the
internal market and do not guarantee the same level
of safety for human health and the protection of the
environment.';

2. Article 2 (1) (g) of Directive 67/548/EEC reads as
follows:

'(g) A polymer means:

— a substance consisting of molecules characterized by the sequence of one or more
types of monomer unit,

— comprising a simple weight majority of
molecules containing at least three
contiguous monomer units which are
covalently bound to at least one other
monomer unit or other reactant, and

(') OJ No C 33, 13. 2. 1990, p. 3.

— consists of less than a simple weight majority
of molecules of the same molecular weight.
Such molecules must be distributed over

a range of molecular weights wherein
differences in the molecular weight are
primarily attributable to differences in the
number of monomer units.

In the context of this definition a "monomer

unit" means the reacted form of a monomer in

a polymer.';

3. Article 3 (1), first subparagraph, of Directive
67/548/EEC: remove 'preparation'; Article 3 now
reads:

'1. The physico-chemical properties of the
substances shall be determined according to the
methods specified in Annex V, part A; their toxicity
shall be determined according to the methods
specified in Annex V part B and their ecotoxocity
according to those specified in Annex V part C ;

Article 8 (1), fourth indent of Directive 67/548/EEC
now reads: