Proposal for a Council Decision on a position to be taken by the European Union within the EU-Chile Association Committee regarding the amendment of Annex XII 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, setting out the list of Chilean entities which procure in accordance with the provisions of Title IV of Part IV (Government Procurement)

The Association Agreement between the European Community and its Members States, of the one part, and the Republic of Chile, of the other part, was signed on 18 November 2002. Annex XII of the Association Agreement sets out the list of Chilean public entities covered under the commitments on government procurement.

The Republic of Chile proposes to modify Annex XII. The proposal consists in simplifying the list of public entities listed under each Ministry under Appendix 1A by replacing it with a catch-all clause which ensures that all entities subordinated to the listed Ministries are covered. In addition, the Chilean authorities propose a catch-all clause for all entities at sub-central level (municipalities) under Appendix 2A.

The suggested amendment eliminates the need for future changes to the Annex should entities change (i.e. in the event that additional dependent services, regions, provinces or communes are created, merged or suppressed). Moreover, since Chile's coverage under Title IV of Part IV on Government Procurement remains unchanged, the European Commission considers this change is of a purely formal nature and no compensatory adjustments are warranted. On the contrary, it introduces a sensible improvement to the structure of the Agreement.

Appendix 1B and Appendix 2B of Annex XII, which refer to the coverage of all other central and sub-central public entities that do not have an industrial or commercial character, remain unchanged.

EUR-Lex: COM(2013)942: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2013:942:FIN

ESO: Key Source: Relations between Chile and the European Union http://www.europeansources.info/record/relations-between-chile-and-the-european-union/

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