SICE: TPD: Chile-MERCOSUR

Agreements

Disciplines

Trade Policy Developments

	Chile-MERCOSUR

Background and Negotiations

The Economic Complementation Agreement between Chile and MERCOSUR (which is comprised of Argentina, Brazil, Paraguay and Uruguay) was signed on 25 June 1996 in Potrero de los Funes, Argentina. The Agreement was elaborated within the ALADI framework as a Partial Scope Economic Complementation Agreement N° 35 (ACE 35).

Chile and MERCOSUR decided to deepen trade relations by further developing their agreement in services within the framework of Economic Complementation Agreement N° 35. To that effect they met on 14 June 2007. Chile and Uruguay later met on 10 September 2007 to deepen trade relations between the two countries. After 11 rounds of negotiations, Chile and MERCOSUR ended their trade in services negotiations on 1 July 2008.

Documents relating to the further development of agreement in the area of services
01 July 2008	Chile and MERCOSUR ended trade in services negotiations
	Joint Declaration of the Presidents of the MERCOSUR Countries Chile
10 September 2007	Chile and Uruguay agree to strengthen trade relations
14 June 2007	Chile and MERCOSUR negotiate agreement on services
Source: Dirección General de Relaciones Económicas Internacionales, Chile (DIRECON)

Entry Into Force

The Agreement entered into force on 1 October 1996.

The legal documents allowing the agreement to enter into force in each of the countries are as follows:

ARGENTINA: Decree N° 415, 18 March 1991
CHILE: Decree N° 1411, 30 September 1996
BRAZIL: Decree N° 2075, 19 November 1996
PARAGUAY: Decree N° 15939, 31 December 1996 and Law N° 1038, 20 March 1997
URUGUAY: Decree N° 663, 27 November 1985

Documents relating to the entry into force of the agreement
20 March 1997	Paraguay - Law N° 1.038
19 November 1996	Brazil - Decree N° 2075
30 September 1996	Chile - Decree N° 1.411
18 March 1991	Argentina - Decree N° 415
Source: Congreso Nacional de Chile; Ministerio de Economía y Producción de Argentina; Senado Federal do Brasil

Implementation of the Agreement

Articles 46 and 47 of the Agreement establish an Administrative Commission and set out its functions, basically following the implementation of the Agreement and its Protocols and Annexes.

This Commission has set out a number of resolutions.

Resolutions issued by the Commission
24 July 1997	N° 3/97 Certificate of origin for trade fairs
22 April 1997	N° 2/97 Official entities in the signatory parties responsible for issuing certificates of origin
22 April 1997	N° 1/97 Specific rules of origin for telecommunications and informatics
28 November 1996	N° 5/96 Certificate of origin for operations conducted through pipelines
28 November 1996	N° 4/96 Register of qualified distributors to issue certificate of origin
28 November 1996	N° 3/96 Transition to ACE 35 related to the Certificate of origin
22 October 1996	N° 2/96 Procedures to facilitate the application of ACE 35
22 October 1996	N° 1/96 Regulations of the Administrative Commission
Fuente: Secretaría General de la ALADI

The text of the agreement is supplemented by a number of additional protocols to the agreement, which guide the implementation of the agreements and in various cases, particularly with respect to specific rules of origin, make modifications to the obligations contained in the normative text. The protocols to ACE 35, including the protocol on physical integration, are listed below. The documents are listed chronologically, with the most recent one listed first.

Additional Protocols to ACE 35
12 December 2018	Sixty-fourth Additional Protocol: Incorporates into the Economic Complementation Agreement Nº 35 the "Chile-Bazil Free Trade Agreement"
12 September 2018	Sixty-third Additional Protocol: Completely replaces Annex 13 "Origin Regime" of Economic Complementation Agreement No. 35, by the Origin Regime that is included as an Annex and forms part of this Protocol. Appendix Nº 1 (Corresponding to Article 5): Appendix Nº 2 (Corresponding to Article 5): The Republic of Chile grants the Republic of Paraguay a regime of origin, as transcribed below Appendix Nº 3: Certification of Origin of products from the Automotive Sector Appendix Nº 4: Certification of Origin of products exported through pipelines Appendix Nº 5: Certification of Origin for electric power Appendix Nº 6: Certificate of Origin Appendix Nº 7: Instructions for completing the Certificate of Origin form Appendix Nº 8: Competent authorities for the application of the ACE Origin Regime 35
1 June 2018	Sixty-second Addional Protocol Incorporates into the Economic Complementation Agreement N° 35 the "Cooperation Agreement, Exchange of Information, Data Consultation and Mutual Assistance between the Customs Administrations of the States Parties of MERCOSUR and the Republic of Chile"
4 January 2018	Sixty-first Additional Protocol Incorporates into the Economic Complementation Agreement N° 35 the "Trade Agreement between the Republic of Chile and the Argentine Republic signed in the city of Buenos Aires the 2nd of November of 2017
22 November 2017	Fifty-second Additional Protocol: Act of Rectification Amendment of errors in the Annex to the Protocol Appendix Nº1 (Corresponding to Article 5º) Appendix Nº2 (Corresponding to Article 5º) The Republic of Chile grants to the Republic of Paraguay a regime of origin as set out below Appendix Nº3 (Corresponding to Article 5º) Produced directly or indirectly from fresh milk produced in its entirety in the territory of the countries. Appendix N°4 (Corresponding to Article 5º) Telecommunications and Computers Sector Appendix N°5: Specific Requirements of Origin for Automotive Products Appendix N°6: Certification of Origin of products exported by pipelines Appendix N°7: Certification of Origin of electricity Appendix Nº8: Certificate of Origin Appendix Nº9: Instructions for completing the Certificate of Origin form Appendix Nº 10: Competent Authorities for the Application of the Origin Regime of ACE 35
6 March 2017	Sixtieth Additional Protocol: Adopts the Nomenclature, based in the 2012 version of the Harmonized System of Designation and Codification of Merchandise (NALADISA 2012), to expresss the prefernences of the Commercial Liberation Program contemplated in the Agreement of Economic Complementation No. 35, replacing the version in the NALADISA 1993 and 1996.
8 November 2016	Fifty-ninth Additional Protocol: Modifies Article 31 of the Agreement regarding the Draw Back regime
17 March 2016	Fifty-eighth Additional Protocol: Incorporates into the Agreement the possibility of certifying the origin of the goods in a digital manner, as long as said certificates are issued following the procedures and technical specifications developed within the scope of the ALADI established by Resolution 386 of the Representatives Committee
28 January 2016	Fifty-third Additional Protocol. Act of Rectification Rectifies an error in Annex III
25 November 2014	Fifty-seventh Additional Protocol: Incorporates into the Agreement the Regulation of the Dispute Settlement Regime of Economic Complementation Agreement No. 35
23 March 2011	Fifty-second Additional Protocol: Act of Rectification Amendment of errors in the Annex to the Protocol.
13 January 2011	Fifty-sixth Additional Protocol: Modifies Article 31 of the Agreement regarding the Draw Back regime
19 October 2009	Fifty-fifth Additional Protocol: Chile and Uruguay will apply the regime of preferences established in the Economic Complementation Agreement No 35 to all the merchandise produced or originating in Free Trade Zones of any nature
8 July 2009	Fifty-fourth Additional Protocol: Brazil and Chile, will apply the regime of preferences established in the Agreement to all merchandise elaborated or coming from Free Zones of any nature, located in the territory of the other Party, with the exception of merchandise classified in Chapters 50 to 63, inclusive, of the NALADISA.
5 June 2009	Fifty-second Additional Protocol: Replaces Annex 13: Rules of Origin Regime of the Economic Complementation Agreement N° 35 between MERCOSUR and Chile
	Annex 13: Rules of Origin Regime
27 May 2009	Fifty-third Additional Protocol: Approves Protocol on Trade in Services between MERCOSUR and Chile
	Annex: Protocol on Trade in Services between MERCOSUR and Chile
11 December 2008	Fifty-first Additional Protocol: Advances the margins of preference provided in subparagraphs f and g of Article 2 of ACE No. 35, granted by the Republic of Paraguay to the Republic of Chile and by the Republic of Chile to the Republic of Paraguay for products originating in their respective territories
11 December 2008	Fiftieth Additional Protocol: Replaces subsection 12, of Article 3 of Annex 13 "Origin Regime" of the Agreement, the Republic of Chile grants to the Republic of Paraguay a regime of differentiated origin for certain goods
25 November 2008	Forty-ninth Additional Protocol: Replaces the first paragraph of Article 12 of the Agreement on Free Zones
8 July 2008	Forty-eighth Additional Protocol: Advancement of the preference margins provided in subparagraphs f and g of Article 2 of ACE No. 35, granted by Uruguay to Chile and by Chile to Uruguay for certain products originating in their respective territories
14 August 2007	Forty-seventh Additional Protocol: Removes from Appendix No. 1, Letter B of Annex 13
18 August 2006	Forty-sixth Additional Protocol: Appproves MERCOSUR programme of action against foot and mouth disease (PAMA)
	Forty-sixth Additional Protocol: Annex Programme of action against foot and mouth disease (PAMA)
11 October 2005	Forty-third Additional Protocol: Preferences granted between Uruguay and Chile
30 September 2005	Forty-third Additional Protocol: Preferences granted between Uruguay and Chile
26 September 2005	Forty-fifth Additional Protocol: Modifies Article 31 regarding the drawback regime
26 September 2005	Forty-fourth Additional Protocol: Several types of vegetable oil will enjoy, upon adoption of this Protocol, permanent tariff preferences of 100% between Chile and Argentina
26 September 2005	Forty-second Additional Protocol: Modifies number 3 of the observations on the tariff item for fine table wines (NALADISA 2204.21.10) registered in Annex 7
20 September 2005	Forty-first Additional Protocol: Extends liberalization programme through the incorporation of agreed bilateral preferences between Chile and Paraguay
	Forty-first Additional Protocol: Annex A
	Forty-first Additional Protocol Annex B
15 September 2005	Fortieth Additional Protocol: Authorization by Chile of a 100% preference for vehicles classified as NALADISA 8702.10.00 and 9702.90.00 to Brazil
26 August 2004	Thirty-ninth Additional Protocol. Act of Rectification: Amendment of errors in the Title and in Articles 2º, 3º and 7º
13 July 2004	Act of Rectification Nº 4: Amendment of error in the preference granted by Chile in the Annex I of the Agreement, in the item NALADISA (93) 2712.20.10
08 March 2004	Thirty-ninth Additional Protocol: Special agreement for mutual recognition of licenses, permits, or authorizations of radio stations for shared use between international transport (road) companies that operate in the HF band
09 July 2003	Thirty-eighth Additional Protocol: Modifies terms for the quota granted by Brazil to Chile in Annex II of Additional Protocol XXX for NALADISA item 2008.70.10
18 March 2003	Thirty-seventh Additional Protocol: Establishes tariff treatment for products included in Annex 4 for trade between Chile and Paraguay and makes corresponding adjustments in Annex 4
2 July 2003	Thirty-seventh Additional Protocol: Annex
20 February 2003	Thirty-sixth Additional Protocol: Abrogates the provision regarding maximum timeframe for issuing the origin certificate
18 March 2003	Thirty-fifth Additional Protocol: Clarifying how to fill out section 13 of the origin certificate
20 February 2003	Thirty-fourth Additional Protocol: Adjustment to Annex 13 including rules of origin applicable to trade in auto sector parts between Brazil and Chile
09 September 2002	Thirty-third Additional Protocol: Argentina and Chile agree to deepen preferences on several products
	Thirty-third Additional Protocol: Annex I
	Thirty-third Additional Protocol: Annex II
09 September 2002	Thirty-second Additional Protocol: Argentina, Brazil and Chile agree to deepen preferences in the chemical and petrochemical sectors
	Thirty-second Additional Protocol: Annex I
	Thirty-second Additional Protoco: Annex II
09 September 2002	Thirty-first Additional Protocol: Argentina and Chile incorporate the bilateral understanding on the exchange of automotive products, whose objective is free trade as of the year 2006
	Thirty-first Additional Protocol: Annex I
	Thirty-first Additional Protocol: Annex II
30 August 2002	Thirtieth Additional Protocol: Brazil and Chile agree to deepen deveral preferences and incorporate the bilateral understanding on the exchange of automotive products, whose objective is free trade as of the year 2006
	Thirtieth Additional Protocol: Annex I
	Thirtieth Additional Protocol: Annex II
	Thirtieth Additional Protocol: Annex III
	Thirtieth Additional Protocol: Annex IV
	Thirtieth Additional Protocol: Annex V
28 August 2002	Twenty-ninth Additional Protocol: Chile allows Paraguay to use its quota for frozen meat exports for fresh or refrigerated meat
28 June 2002	Twenty-eighth Additional Protocol: Modifies Article 2
31 December 2001	Twenty-seventh Additional Protocol: Modifies Article 2
28 September 2001	Twenty-sixth Additional Protocol: Modifies Article 31
29 December 2000	Twenty-fifth Additional Protocol: Modifies the second paragraph of Article 2 (d)
08 May 2000	Twenty-fourth Additional Protocol: Modifies the second paragraph of Article 2 (d)
14 December 1999	Twenty-third Additional Protocol: Incorporates the Convention on Cooperation and Reciprocal Assistance between customs entities of the signatories
	Twenty-third Additional Protocol: Annex
19 October 1999	Twenty-second Additional Protocol: Dispute Settlement procedures
	Twenty-second Additional Protocol: Annex
19 October 1999	Twenty-first Additional Protocol: Dispute Settlement Regime
	Twenty-first Additional Protocol: Annex
20 September 1999	Twentieth Additional Protocol: Modifies the description of the product "fine table wines"- item NALADISA 2204.21.10 - negotiated by Brazil
20 September 1999	Nineteenth Additional Protocol: Certification of origin for exports of electrical energy
	Nineteenth Additional Protocol: Annex
20 September 1999	Eighteenth Additional Protocol: Modifies origin requirements for NALADISA item 7305.12.00
20 September 1999	Seventeenth Additional Protocol: Approves instructions for filling out Certificate of Origin
20 September 1999	Sixteenth Additional Protocol: Approves procedure for correcting errors in Certificates of Origin
20 September 1999	Fifteenth Additional Protocol: Safeguard Regime
	Fifteenth Additional Protocol: Annex
13 October 1998	Fourteenth Additional Protocol: Incorporates compensations for the Canada-Chile Free Trade Agreement
13 October 1998	Thirteenth Additional Protocol: Modifies Protocol on Physical Integration
13 October 1998	Twelfth Additional Protocol: Certification of origin for products exported through pipelines
	Twelfth Additional Protocol: Annex
30 July 1998	Eleventh Additional Protocol:Expands the quota authorized by Chile for Brazil for items NALADISA 8702.10.00 and 8702.90.00 during the period 1 October 1997 to 30 September 1998
25 June 1998	Tenth Additional Protocol: Extends the application period for the quota for item NALADISA 2002.90.00
25 June 1998	Ninth Additional Protocol: Includes tariff item NALADISA 1604.20.99 in Annex 13, Appendix 1 (b)
23 January 1998	Eighth Additional Protocol: Substitutes Annex 13, Article 15
11 September 1997	Seventh Additional Protocol: Registers a preference authorized by Argentina in Annex 10
11 September 1997	SIxth Additional Protocol: Replaces Appendix 4 and Article 13
	Sixth Additional Protocol: Annex
27 August 1997	Act of Rectification Nº 3: Amendment of error in Annex 5 of the Agreement, in a preference granted by Argentina to Chile in the item NALADISA 4407.10.30
14 April 1997	Fifth Additional Protocol: Modifies ANnexes 1,2,3,5,6,7,10, and 12
03 March 1997	Fourth Additional Protocol: includes, extends and eliminates preferences in Annex 7
28 February 1997	Third Additional Protocol: extends until 28 February 1997 the period for Argentina's quota
17 Febraury 1997	Second Additional Protocol: modifies quotas for Chile and Paraguay for products in Annex 7
18 November 1996	First Additional Protocol: modifies the wording of Article 2(a)
23 October 1996	Act of Rectification Nº 2: Amendment of concordance error between the Spanish and Portuguese versions in Appendix 5 of Annex 13 of the Agreement
30 September 1996	Act of Rectification Nº 1: Amendment of errors in Annexes 1, 2, 3, 5, 7, 11 and 12 of the Agreement
25 June 1996	Protocol regarding physical integration
Source: Secretaría General de la ALADI