Explanatory Memorandum to COM(2017)89 - Signing and provisional application of the Third Additional Protocol to the association agreement with Chile to take account of the accession of Croatia to the EU

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The Agreement establishing an association between the European Community and its Member States, on the one hand, and the Republic of Chile, on the other, (‘the Agreement’) was signed on 18 November 2002 in Brussels and entered into force on 1 March 2005.

The attached proposal constitutes the legal instrument for the signing and provisional application of the Third Additional Protocol (‘the Protocol’) to the Agreement, to take account of Croatia’s accession to the European Union (EU).

Under its Act of Accession, Croatia undertakes to accede to the international agreements signed or concluded by the EU and its Member States through protocols to those agreements.

The Council Decision of 14 September 2012 1 authorised the Commission to open negotiations with the third countries concerned in order to conclude the relevant protocols. The negotiations with Chile were successfully concluded by the initialling of the Protocol on
9 July 2015.

The proposed Protocol incorporates Croatia as a contracting party to the Agreement. The texts of the Agreement and the Final Act in the Croatian language will become authentic under the same conditions as other language versions of the Agreement.

The Protocol will apply with effect from 1 July 2013.

The Commission considers the outcome of the negotiations satisfactory and requests the Council to authorise the signing of the Protocol, on behalf of the EU and its Member States, and its provisional application.