Source: EURLEX
Language: en
Format: md

**as** **•}-•£.** ***':**

```
Pïï ; ;Pr^v'

```

**`T ^`** _**Jf**_ _**X**_ **`""•`**

**`s*`** **`1`** _**i**_ _**ï**_ _**>**_

```
 S* V^.*'

të^H.

  P- *'..'"

 fc&f..\

#### **>r**

 i'v:

 J J 
##### **-fi ^**

 S? '*' [: ]

```

**`s`** **`;^`** _*****_

##### **COMMISSION OF THE EUROPEAN COMVIUNITIES**

```
                        COM(90) 560 final

                         Brussels, 23 November 1990

                  Proposal for a

                   COUNCIL DECISION

   concerning the conclusion of the Framework Agreement for cooperation
   between the European Economic Community and the Republic of Chile.

              (presented by the Commission)

```

```
              Explanatory memorandum

1. By its decision of 16 July 1990, the Council authorized the Commission
to open negotiations with the Republic of Chile with a view to concluding a
framework agreement for cooperation and adopted directives to this end.

2. Two negotiating sessions took place, the first on 20 and
21 September 1990; and the second on 26 October 1990. The second session
ended with the initialling of the agreement between the Community and the
Republic of Chile. An exchange of letters concerning shipping and a
declaration by the Community on the Generalized Preferences System are
attached to the Agreement and form an integral part of it.

3. With regard to fisheries it has been agreed that when the Agreement is
signed there will be an exchange of letters between the Commission and the
Chilean Mission to the Communities. In the exchange of letters the
Commission will inform the Chilean side of the Community's interest in
negotiating an EEC-Chile fisheries agreement. The Chilean side will reply
that Chile will be in a position to discuss fisheries once the Chilean
Congress has passed a new law on fisheries, which is currently being
debated.

4. The Commission considers that the text initialled is in line with the

negotiating directives adopted by the Council.

5. Because the legal basis of the Agreement includes Article 235 of the
Treaty of Rome in addition to Article 113, Parliament must be consulted.

6. With a view to the signature and conclusion of this Framework Agreement
for cooperation between the Community and the Republic of Chile, the
Commission is proposing to the Council that it approve the Agreement and
adopt the attached proposal for a Decision.

```

```
THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Comunity,
and in particular Articles 113 and 235 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas the Community should approve, for the attainment of its aims in the
sphere of external economic relations, the Framework Agreement for trade
and economic cooperation with the Republic of Chile;

HAS DECIDED AS FOLLOWS:

                  Article 1

The Framework Agreement for trade and economic cooperation between the
European Economic Community and the Republic of Chile is hereby approved on
behalf of the Oaramunity.

The text of the Agreement is attached to this Decision.

                  Article 2

The President of the Council shall give the notification provided for in
Article 21 of the Agreement. [1 ]

```

**u l L M U n k & L - J t**

```
The Commission, assisted by representatives of the Member States, shall
represent the Community in the Joint Committee set up by Article 17 of the
Agreement.

                  Article 4

This Decision shall enter into force on the day following its publication
in the Official. Journal of the European Conraunities.

Done at Brussels,

                          For the Council
```

_**The**_ **`President`**

```
1 The date of entry into force of the Agreement will be published in the
  Official Journal of the European Communities by the General Secretariat
  of the Council.

```

```
           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
Gamrnunity", 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 AOOOONT 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,

```

```
                   - 2 
WHO, having exchanged their full powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

                 Article 1

           Democratic basis for coopération

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

               Boonomic coopération

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 passible 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 excising 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,

```

```
                - 3 
(c) industry, especially the capital goods and other industries connected
   with the sectors referred to above and also support services,

(d) financial, hanking 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.

```

```
                   - 4 
                Article 3

              Industrial coopération

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.

                  Article 4

          Coopération 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 g

                 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,

```

```
                   - 5 
(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

          Coopération on science and technology

1. In accordance with their mutual interest and the aims of their

development strategy, 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, itdcroelectronics, 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,

```

```
                   - 6 
(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,

(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

1. 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 transactions between them as far
as possible,

                  Article 8

            Most-favoured-nation treatment

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

                  Article 9

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** **1Q**

**Trartft cxripej&tlga**

```
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 industrial,

(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.

```

_**[O**_

```
                   - 8 
                 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 oonoerning government

1. The Contracting Parties sha.11 cooperate in contributing to the
rationalization and modernization of government service at national,
regional and local level.

2. To attain these objectives, 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.

```

```
y/

```

```
                   - 9 
                 Article 19

        Cooperation on information and communication

The Contracting Parties shall establish cooperation in the field of
information and <xmiraunication, 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 oamroon policies and
   activities,

(d) regional communications.

```

_**H**_

```
                   - 10 
                 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 Coopération 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.

```

_**1)**_

```
                    11 
                 Article 18
                Other agreements

1. Without prejudice to the provisions of the Treaties establishing the
Euriopean 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 appropriate to conclude new economic cooperation
agreements with Chile.

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

```

```
/4

```

```
                  - 12 
                 Article 21

            Entry into force and duration

1. Ihis 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.

                  Annexes

The Annexes shall form an integral part of this Agreement.

                 Article 33

               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.

Done at Brussels,

```

_**(5**_

```
         - 13 
          Draft

Exchange of letters on maritime transport

```

```
Anne^_I

```

```
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.

```

### **_a_**

```
                   - 14 
                                 Annex II

Declaration by the European Economic Community on the Generalized System

                of Pref erenoes

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 tfee possibility
of identifying ways of enabling Chile to derive maximum benefit from 13ie
scheme in question.

```

_**it**_

```
                  Fiche Financière

           Accord-cadre de coopération CEE-Chili

1 . Lignes budgétaires concernées

  a) lignes dont l'application est conditionnée par l'existence d'un
     Accord de coopération :

     9900 - Actions dans le cadre d'accords de coopération économique

         et commerciale.

     9315 - Actions visant la promotion de l'investissement
         communautaire dans les PVD d'Amérique latine dans le
          cadre des accords de coopération économique et

         comme r c i a Ie.

     7394 - Coopération internationale - actions de recherche et
         développement dans le cadre des accords de coopération

          avec des pays t iers.

   b) autres I ignés :

     9311 - Promotion des relations commerciales des PVD d'Amérique

          lat ine

     9312 - Actions destinées à favoriser les efforts d'intégration
          régionale ou subrégionale entre les PVD d'Amérique latine

     9313 - Coopération avec des PVD d'Amérique latine dans le
          domaine énergétique

     940 - Dépenses d'organisation de séminaires sur le SPG

          communauta i re

     946 - Ecologie dans les PVD

     949 - Programme d'actions de coopération Nord-Sud dans le

          domaine de la lutte contre la drogue.

2. Base légale

   Accord de coopération commerciale et économique.

3- Classi f icat ion

   DNO

4. Peser ipt ion

   4.1. Objectif :

        Etablir une coopération dans l'intérêt des deux parties.

```

**i/**

```
                    - 2 
  4.2. Personnes concernées :

       Opérateurs économiques et instances responsables des deux
       part ies.

5. Nature de la dépense

  5.1. Nature :

       Aide à fonds perdus en faveur de divers projets dans les
       différents domaines de coopération couverts par l'Accord.

  5.2. Calcul :

       Dans les prochaines années les lignes dont l'application est
       conditionnée par l'existence d'un accord de coopération
       seront, dans le cadre de la procédure budgétaire habituelle,
       dotées des montants estimés nécessaires pour tenir compte de
       l'inscription du Chili parmi les bénéficiaires de ces
       I ignés.

       Pour les autres lignes, aucune Incidence directe mais
       évolution normale dans le cadre de la procédure budgétaire.

6. Incidence financière de l'action sur les crédits d'intervention

  6.1. Echéancier des crédits d'engagement et de paiement :

       Selon demande et approbation par les services de la
       Commission des actions à développer.

  6.2. Part du financement communautaire (en %) dans le coût total

       de I'act ion :

       à décider au cas par cas ; dans certains cas jusqu'à 100 %.

  6.3. Modalités du financement de l'action pendant l'année en

       cours :

       A partir des crédits existants.

7. Observât ions

  Le volume des dépenses dérivées de l'accord de coopération sera
  déterminé, pour les budgets futurs, selon la procédure habituelle.

```

_**<i**_

**ISSN 02S4-147S**

### COM(90) 560 final

# **DOCUMENTS**

## EN 19 11 Catalogue number : CB-CO-90-588-EN-C ISBN 92-77-66087-2

**PRICE** **1 - 30 pages: 3.50 ECU** **per additional 10** **pages:** **1.25** **ECU**

**Office for Official Publications of the European Communities**

**L-2985** **Luxembourg**