Considerations on COM(2023)435 - Conclusion of the Interim Agreement on Trade between the EU and Chile

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dossier COM(2023)435 - Conclusion of the Interim Agreement on Trade between the EU and Chile.
document COM(2023)435
date March 18, 2024
 
(1) On 13 November 2017, the Council authorised the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to open negotiations for a modernised agreement with Chile to replace the Association Agreement.

(2) On 9 December 2022, the negotiations between the the European Union and Chile were successfully concluded.

(3) The modernisation of the existing EU-Chile Association Agreement foresees two parallel legal instruments:

- the Advanced Framework Agreement between the European Union and its Member States, of the one part, and the Republic of Chile, of the other part, which includes a) the Political and Cooperation pillar and b) the Trade and Investment pillar (inclusive of investment protection provisions);

- and the Interim Agreement on Trade between the European Union and Republic of Chile ('the Agreement'), covering trade and investment liberalisation, which will cease to have effect and be replaced by the Advanced Framework Agreement upon entry into force of the latter.

(4) A Joint Statement by the European Union and the Republic of Chile on the Provisions on Trade and Sustainable Development contained in the Interim Agreement on Trade between the European Union and the Republic of Chile ('the Joint Statement') is attached to the Agreement.

(5) In accordance with Council Decision No [XX]7, the Agreement was signed on [XX XXX 2023], subject to its subsequent conclusion. The European Union and Republic of Chile also endorsed the Joint Statement on the same day.

(6) Pursuant to Article 218(7) of the Treaty on the Functioning of the European Union, it is appropriate to authorise the Commission to approve on the Union’s behalf the position to be taken on certain modifications to the Agreement that are to be adopted by a simplified procedure pursuant to Articles 21.20 and 33.11(6) of the Agreement, and by a body set up by the Agreement pursuant to Article 25.34 and subparagraph (a) (x) of Article 33.1(6) of the Agreement.

(7) The Agreement and the Joint Statement attached to the Agreement should be approved on behalf of the Union.

(8) The Agreement, in accordance with its Article 33.14, does not, within the Union, confer rights or impose obligations on persons, other than those created between the Parties under public international law.