Decision

8 July 2021: Decision No 1/2021 of the UK-Chile Association Council on adopting rules of procedure

Published 10 September 2021

THE UK-CHILE ASSOCIATION COUNCIL,

Having regard to the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland (“the UK”) and the Republic of Chile (“Chile”) (together, “the Parties”), done at Santiago on 30 January 2019 (“the Agreement”),

Whereas:

1. The Agreement incorporates the provisions 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, done at Brussels on 18 November 2002 (“the EU-Chile Agreement”), in effect immediately before they ceased to apply to the United Kingdom.

2. Article 8(2) of the Agreement provides that, unless the Parties otherwise agree, any decisions adopted by the Association Council or the Association Committee established by the EU-Chile Agreement before the EU-Chile Agreement ceased to apply to the United Kingdom shall, to the extent those decisions relate to the Parties to the Agreement, be deemed to have been adopted, mutatis mutandis and subject to the provisions of the Agreement, by the Association Council or the Association Committee established under incorporated Articles 3 and 6, respectively.

3. Incorporated Article 4(2) provides that the Association Council shall establish its own rules of procedure and incorporated Article 6(3) provides that the Association Council shall establish the rules of procedure of the Association Committee.

4. Noting incorporated Article 193(2)(f), which provides that the Association Committee shall carry out any other function entrusted to it by the Association Council, concerning trade-related matters.

HAS ADOPTED THIS DECISION:

Article 1

The rules of procedure of the Association Council are established as set out in the Annex to this Decision. The rules of procedure of the Association Committee, and of the Special Committees established under the Agreement, are established as set out in Appendix I and Appendix II, respectively.

Article 2

This Decision shall enter into force on the date of its signature.

Done in duplicate at London and Santiago, on 8 July 2021.

For the Association Council

The Chair and Head of the United Kingdom Delegation

GREG HANDS, MINISTER OF STATE FOR TRADE POLICY

Head of the Chile Delegation

RODRIGO YÁÑEZ BENÍTEZ, UNDERSECRETARY OF INTERNATIONAL ECONOMIC RELATIONS

Annex: rules of procedure of the Association Council

Article 1: composition and chair

1. The Association Council shall be composed, on the one hand, of a Secretary of State of the United Kingdom or their representative(s), and, on the other hand, of the Minister of Foreign Affairs of Chile or their representative(s).

2. The Association Council shall be chaired alternately by a Secretary of State of the Government of the United Kingdom, or its representative, and by the Minister of Foreign Affairs of Chile, or its representative.

Article 2: meetings

1. 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 both the Parties so agree.

2. Each meeting of the Association Council shall be held on a date and in the format agreed by both Parties. A meeting of the Association Council may be held by technological means if the Parties so agree.

3. When meeting in person, the Association Council shall meet alternately in the United Kingdom and Chile, unless otherwise agreed by the Parties.

4. The meetings of the Association Council shall be convened by the Secretariat of the Association Council.

Article 3: representation

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

2. A member wishing to be represented shall notify the Chair of the Association Council of the name of their representative before the meeting at which they are 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 Chair of the Association Council shall be informed, through the Secretariat, of the intended composition of the delegation of each Party.

Article 5: secretariat

An official of the Government of the United Kingdom and an official of the Ministry of Foreign Affairs of Chile shall act jointly as the Secretariat 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 Secretariat.

Article 7: correspondence

1. All correspondence addressed to the Association Council shall be forwarded to its Secretariat. The Secretariat shall ensure that correspondence addressed to the Association Council is forwarded to the members of the Association Council.

2. All correspondence from, or addressed directly to the Chair, shall be forwarded to the Secretariat and shall be circulated, where appropriate, to the members of the Association Council.

Article 8: agenda for the meetings

1. A provisional agenda for each meeting shall be drawn up by the Secretariat of the Association Council on the basis of suggestions made by the Parties. It shall be forwarded by the Secretariat to the members of the Association Council no later than 15 days before the meeting.

2. The provisional agenda shall include the items for which a request for inclusion in the agenda has been received by either of the two officials of the Secretariat no later than 21 days before the meeting. Such items shall, however, not be included in the provisional agenda unless the supporting documents have been forwarded to the Secretariat no later than 15 days before the meeting.

3. 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.

4. The Parties may agree to reduce the time limits specified in paragraphs 1 and 2 in order to take account of the requirements of a particular case.

Article 9: minutes

1. Draft minutes of each meeting shall be drawn up by the Secretariat as soon as possible.

2. 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) any statement that a member of the Association Council has asked to be entered;

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

3. The minutes shall also include a list of the 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.

4. The minutes shall be approved in writing by the Parties within one month of the date of the meeting. Once approved, two authentic copies of the minutes shall be signed by the two officials of the Secretariat.

Article 10: decisions and recommendations

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

2. In the period between meetings, the Association Council may adopt decisions or recommendations by written procedure if the Parties so agree. A written procedure shall consist of an exchange of notes between a Secretary of State of the Government of the United Kingdom and the Minister of Foreign Affairs of Chile, or their representative(s).

3. Decisions and recommendations of the Association Council 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, subject to completion of the respective applicable legal requirements and procedures of the Parties.

4. Where a meeting of the Association Council is held in person, a Secretary of State of the Government of the United Kingdom and the Minister of Foreign Affairs of Chile, or their representative(s), shall sign two authentic copies of decisions and recommendations of the Association Council and each Party shall receive a copy thereof.

5. Where a meeting of the Association Council is held by technological means, decisions and recommendations may be signed in duplicate (each copy being equally authentic) by a Secretary of State of the Government of the United Kingdom and the Minister of Foreign Affairs of Chile, or their representative(s). Each Party shall forward a copy of their respective signed decisions and recommendations to the other Party.

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

Article 11: publicity

1. Unless otherwise agreed by the Parties, meetings of the Association Council shall not be public.

2. When a Party submits information designated as confidential to the Association Council, the other Party shall treat that information as confidential and shall not otherwise use or disclose that information without the specific permission of the Party providing the information, except where this is necessary to comply with legal requirements.

Article 12: languages

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

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

Article 13: expenses

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

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

3. Expenditure in connection with interpretation in meetings, or translation of documents, shall be borne directly by the Party arranging such interpretation or translation.

Article 14: assistance by the Association Committee

1. The Association Committee shall assist the Association Council in the performance of its duties and shall be responsible for the general implementation of the Agreement.

2. In performing the 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.

3. 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.

4. The Association Committee may decide to set up any Special Committee to deal with matters falling within its competence, and shall determine their composition, functions, duties and ways of working.

Article 15: Special Committees

1. 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 provisions of the Agreement. The rules of procedure of the Special Committees established under the Agreement are attached to these rules of procedures as Appendix II.

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

Appendix I: rules of procedure of the Association Committee

Article 1: composition and chair

1. The Association Committee shall be composed of representatives of the Government of the United Kingdom, on the one hand, and of representatives of the Government of Chile, on the other, having regard to incorporated Articles 6(1), 54(1) and 193(1) of the Agreement and without prejudice to incorporated Article 89(3).

2. The Association Committee shall be chaired alternately by a senior official of the Government of the United Kingdom, and by a senior official of the Government of Chile, at senior level.

Article 2: meetings

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

2. The meetings of the Association Committee shall be convened jointly by the Secretariat.

Article 3: delegations

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

Article 4: secretariat

1. An official of the Government of the United Kingdom and an official of the Ministry of Foreign Affairs of Chile shall act jointly as Secretariat of the Association Committee.

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

Article 5: publicity

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

2. When a Party submits information designated as confidential to the Association Committee, the other Party shall treat that information as confidential and shall not otherwise use or disclose that information without the specific permission of the Party providing the information, except where this is necessary to comply with legal requirements.

Article 6: agenda for the meetings

1. A provisional agenda for each meeting shall be drawn up by the Secretariat of the Association Committee. It shall be forwarded to the Chair and Secretariat 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.

2. The provisional agenda shall include the items in respect of which the Chair has received a request for inclusion in the agenda no later than 21 days before the beginning of the meeting. Such items shall, however, not be included in the provisional agenda unless the supporting documents have been forwarded to the Secretariat no later than the date of dispatch of the provisional agenda.

3. 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 Parties so agree.

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

5. The Chair may, in agreement with the 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

1. Draft minutes of each meeting shall be drawn up by the Secretariat as soon as possible.

2. 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) any statement that a member of the Association Committee has asked to be entered;

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

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

4. The minutes shall be approved in writing by the Parties within one month of the date of the meeting. Once approved, two authentic copies of the minutes shall be signed by the two officials of the Secretariat and one original copy shall be filed by each Party. A copy of the minutes shall be forwarded to the Chair and the Secretariat of the Association Council.

Article 8: decisions and recommendations

1. 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.

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

3. Decisions and recommendations of the Association Committee shall be forwarded to the addressees referred to in Article 4(2).

Article 9: expenses

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

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

3. Expenditure in connection with interpretation in meetings, or translation of documents, shall be borne directly by the Party arranging such interpretation or translation.

Appendix II: rules of procedure of the Special Committees

Article 1: chair

Unless otherwise specified in the Agreement, the meetings of the Special Committees shall be co-chaired alternately by an official of the Government of the United Kingdom and by an official of the Government of Chile.

Article 2: meetings

Unless otherwise specified in the Agreement, the Special Committees shall meet upon mutual agreement of the Parties at a date and place agreed in advance between them.

Article 3: delegations

Before each meeting, the Co-chairs of the Special Committee shall be informed of the intended composition of delegation of each Party.

Article 4: secretariat

1. An official of the Government of the United Kingdom, on the one hand, and an official of the Government of Chile, on the other, shall act jointly as Secretariat of the Special Committees.

2. All correspondence addressed to the Co-chairs of the Special Committees shall be forwarded to the Secretaries of the Special Committees and to the Secretariat and the Chair 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 Secretariat.

Article 6: publicity

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

2. When a Party submits information designated as confidential to the Special Committees, the other Party shall treat that information as confidential and shall not otherwise use or disclose that information without the specific permission of the Party providing the information, except where this is necessary to comply with legal requirements.

Article 7: agenda for the meetings

1. A provisional agenda for each meeting shall be drawn up by the Secretariat of the Special Committees no later than 30 days before the meeting, together with the supporting documents. The agenda shall be forwarded to the Chair, Secretariat 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.

2. 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

1. Draft minutes of each meeting shall be drawn up by the Secretariat directly after the meeting.

2. 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) any statements that a member of the Special Committee has asked to be entered;

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

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

4. 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 officials of the Secretariat and one original copy shall be filed by each Party. A copy of the minutes shall be forwarded to the Chair and the Secretariat of the Association Committee and to the members of the Special Committee.

Article 9: recommendations

1. Where a Special Committee is empowered under the Agreement to adopt recommendations, such acts shall be entitled “Recommendation”, and followed by a serial number, the date of their adoption and a description of their subject.

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

3. Recommendations of the Special Committees shall be forwarded to the officials of the Secretariat of the Association Committee.

Article 10: expenses

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

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

3. Expenditure in connection with interpretation in meetings, or translation of documents, shall be borne directly by the Party arranging such interpretation or translation.

Article 11: reporting

Special Committees shall report to the Association Committee.