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SELECT COMMITTEE ON FOREIGN AFFAIRS debate -
Tuesday, 10 Jun 2003

Vol. 1 No. 3

Association Agreement between the European Community and Chile.

The first item on the agenda for today's meeting is a motion, which was referred to the committee by the Dáil. The motion refers to the terms of the agreement establishing an association between the European Union and its member states and the Republic of Chile. Members will recall that we recently met with the ambassador of Chile, His Excellency, Mr. Alberto Yoacham, for a wide-ranging discussion, during which we addressed the agreement. It was a helpful and full discussion and the ambassador is with us again today with some of his colleagues. I welcome them to the Public Gallery.

The agreement is a mixed competence agreement, which was signed in Brussels on 18 November 2002. The elements of the agreement dealing with trade cover all aspects of trade relations and go well beyond the respective World Trade Organisation commitments. Included is a free trade agreement on trade in goods, which foresees a high degree of liberalisation and is underpinned by a set of stringent and transparent rules, and a wines and spirits agreement, which will provide for mutual respect for protected names and enological practices of major importance to Ireland's continental partners, for example, France, Spain and Italy. These have been worked out on a cordial basis. As well as increased market access on both sides and a sanitary and phyto-sanitary agreement which will facilitate trade in animals, animal products and plants, while safeguarding public, animal and plant health, for the first time a fully-fledged agreement for free trade in services has been included in an association agreement which will apply to public procurement markets as well as the liberalisation of investment.

The bulk of the trade chapter has already entered into force on a provisional basis, with effect from 1 February 2003. As members will realise, this is a mixed community competence agreement and, therefore, some matters fall specifically within the competence of the Community and others fall within the competence of the member states and, consequently, are referred to the member states.

On behalf of the select committee, I welcome the Minister of State at the Department of Foreign Affairs, Deputy Tom Kitt, and his officials. Members have been circulated with the relevant briefing documentation regarding the agreement, together with the text of the Minister of State's speech. I invite the Minister of State to make his opening statement, following which we will have a general discussion, which I hope to conclude by 3 p.m.

I know the ambassador of Chile, His Excellency, Alberto Yoacham, who I am pleased to see here. I addressed the committee on 29 April concerning this agreement and members had an exchange of views on it. I was pleased to note that, in winding up the discussion on that occasion, the Chairman pointed out that there was strong support for the agreement among the members of the committee.

Like Ireland, Chile has made outstanding economic progress in recent years, as evidenced by high growth rates, a reduction in external debt and inflation and falling unemployment levels. Trade between Ireland and Chile is growing significantly. Total trade was valued at just under €74 million last year, which represents a fourfold increase since 1990. I hope trade between our two countries will continue this dynamic trend and that the association agreement will contribute to even greater growth. Ireland and Chile are both very dependent on foreign trade and greater economic links will be an important part of our future relationship. Although in the past our economic co-operation has been restricted by distance and difficulties of communication, recent advances in information technology and communications will help us overcome these problems.

We welcome trade missions to Ireland and look forward to the state visit in July of President Lagos, who will be accompanied by a delegation of businessmen. This will be an important step in exploring partnerships between Irish and Chilean companies. Subject to the formal approval of Dáil Éireann, the Government wishes to have this agreement ratified on behalf of Ireland prior to the commencement of the state visit. It was ratified by Chile on 28 January last and it seems likely that Ireland will be the first of the 15 member states of the EU to ratify it - if not the first, certainly among the first, as none has ratified it up to today. When Ireland assumes the Presidency of the European Union on 1 January next, we shall as a matter of policy encourage any of our partners who have not yet ratified by that time to take urgent steps to do so.

Relations between the EU and Chile were until recently based mainly on a framework co-operation agreement which was signed in 1996 and entered into force on 1 February 1999. Negotiations on an association agreement between the EU and Chile were launched in November 1999 and, following a number of intensive rounds of discussions, successfully concluded in April 2002. The text of the agreement was initialled by both sides on 10 June 2002 in Brussels and signed in the margins of the meeting of the General Affairs and External Relations Council in Brussels on 18 and 19 November 2002. As the EU-Chile association agreement involves what is called mixed competence, it confers particular rights and obligations on the member states of the EU with regard to its implementation. Each member state, in addition to the European Community, is therefore required to become a party to it. This requirement necessitates ratification by each of the 15 member states and Chile. The ratification process, based on experience, may take some considerable time and pending its completion and the formal entry into force of the agreement, those of its provisions which fall within the exclusive competence of the European Community - essentially the provisions relating to trade and economic issues - are being applied on the basis of an interim agreement which entered into force on 1 February 2003.

The EU-Chile association agreement is wide-ranging and based on respect for democratic principles and fundamental human rights. The promotion of sustainable economic and social development and the equitable distribution of the benefits expected to flow from the agreement will be guiding principles governing its application. It will establish a political and economic association among the EU, the member states and Chile based on reciprocity, shared interests and the deepening of the relationship in all areas of its application, including the political, commercial, economic and financial, scientific, technological, social and cultural fields. It may be extended to other areas to be agreed by the respective parties. An association council, to be composed of the President of the Council of the European Union, assisted by the Secretary General or high representative, the incoming Presidency, other members of the Council or their representatives, representatives of the European Commission and the Minister for Foreign Affairs of Chile will be established. The council will meet at regular intervals and will, in turn, be assisted by an association committee made up of senior officials. This committee will meet once a year and its first meeting is expected to take place in November.

The agreement establishes an association parliamentary committee, composed of Members of the Chilean National Congress and the European Parliament, which will meet at intervals to be determined in order to exchange views. Also established in the institutional framework will be a joint consultative committee, intended to assist the association council in promoting dialogue and co-operation between various non-governmental organisations. Under the terms of the agreement, the EU and Chile agree to reinforce dialogue on international issues of mutual interest, with the aim in particular of promoting and defending democratic values, including human rights, freedom of the individual and the rule of law. Dialogue will take place either within the association council or on other agreed occasions. Provision is made for regular meetings at the level of Heads of State and Government and between other Ministers as appropriate.

The agreement also provides for co-operation in foreign and security policy, including co-ordination of positions in international forums. There is a specific provision for co-operation in combating terrorism in accordance with UN Security Council Resolution 1373 and relevant international conventions and instruments. The agreement includes provisions for co-operation aimed at strengthening institutional capacity to underpin democracy, the rule of law and respect for human rights and fundamental freedoms and for promoting social development. It includes provision for very wide-ranging co-operation in the areas of trade and economic issues. There is provision for co-operation on science, technology, information technology and telecommunications. Co-operation is also provided for in the areas of culture and education, including training, and in the audio-visual field.

The association agreement, when it enters into force, will be for an unlimited term but it may be denounced by either party on giving six months notice to the other. The Government believes that this agreement will without doubt lead to a strengthening of Ireland's already close and friendly relations with Chile. It also represents a further important step in the development of EU relations with the Latin American region. The development of these relations will be a key focus of the Irish Presidency of the EU next year, when the Taoiseach and President Fox of Mexico co-chair the third EU, Latin America and Caribbean summit in Mexico in May 2004. I therefore commend this agreement to the committee and thank the Chairman and committee members.

I express the support of the Fine Gael Party for this proposal. Relationships between Ireland and Chile have been very friendly for a long time, although contact on the trade side and in other areas may have been somewhat limited. Our record in acceding to agreements negotiated in the first instance by the European Union has been poor and it is good to see Ireland being the first country to ratify this agreement. I hope that only good will come of this and that there will be much closer contacts in trade and in cultural relations. I am also glad of the continuing emphasis on human rights which is carried forward into this agreement.

One of the curiosities in the agreement is the commitment to closer co-operation between Chile and the EU on security and foreign affairs matters. There seems to be a separate commitment to continue to combat terrorism in accordance with the relevant UN resolution. This is something we can all support, but I hope the Chilean Government does not find itself pulled between its friend and neighbour to the north, the USA, and the EU if they move in different directions, as they seem to have been doing since the Iraq war.

We fully endorse this agreement and I thank the Chairman and staff of the committee and the Minister of State and his staff in the Department of Foreign Affairs for expediting it. The new ambassador from Chile has been diligent in meeting members of this committee and there has been a very rapid response to the committee's representations, which has brought us to this point. I presume this agreement will be fully ratified by the Dáil before the summer recess and we can move on from there.

I too welcome this agreement and support it wholeheartedly. It is a comprehensive agreement and it is important that it covers a range of areas: protecting, defending and promoting democratic values, human rights, the freedom of the individual and the rule of law. These are principles and values strongly held by Ireland; clearly, they are also strongly held by Chile.

I welcome the agreement in its totality, but there are great opportunities for our two countries to explore further, as was mentioned in the Minister of State's remarks, co-operation in the areas of science, technology, information technology and telecommunications. Both countries are on a steep learning curve in terms of maximising the advantages that can be gained from engaging at the high end of telecommunications technology and science in order to create further opportunities. There are opportunities in the area of culture and education - the Chairman was particularly instrumental in extending the areas of co-operation in education and training when he was Minister. We should explore further opportunities for both our countries in expansion in this area. Like Deputy Noonan, I pay tribute to the Chairman for facilitating this agreement and the Minister of State for bringing it through. The Dáil will have to ratify it. I look forward to its implementation at an early date.

I call Deputy Michael D. Higgins, not O'Higgins.

That is right.

We will say O'Higgins on this occasion.

The correct version is Ó hUigínn in Irish and Higgins in English. I warmly welcome the opportunity to approve this agreement. We should use all our influence to ensure it is ratified speedily by other member states of the European Union. I join other members of the committee in saying how much we benefited from the recent presentation by his excellency, the ambassador. There was a useful and fruitful exchange. I look forward to the visit of the President, Mr. Lagos.

This is a good year for things to happen between Chile and the wider world as it is the 30th anniversary of some of the most traumatic events in the history of a country which, as I mentioned at a recent meeting, has a long tradition of parliamentary democracy. I hope there will be a recovery of scholarly interest in the historical and constitutional innovations of Bernardo O'Higgins and others. The Chilean constitution was a model of its kind as it included concepts of human rights which were influenced in later discussions by what were called the French ideas. It was a brave and wonderful set of innovations. I make reference unashamedly to the events initiated in 1973, which I regard as an aberration in the long history of Chile and which, happily, have been succeeded.

I agree with the other members of the committee who suggested that the group accompanying the President, Mr. Lagos, will include representatives of the cultural life of Chile, as well as representatives of its business life. There are obvious areas of great strength in Chile. Its neighbour, Argentina, is strong in the technological aspects of film-making, but Chile is very strong in the area of script-writing. I hope the opportunities for co-operation in cultural areas such as film and theatre will be emphasised because we should build on them.

We do not need to delay in our consideration of this agreement. To be consistent with my position in relation to the rule of law, I should say that anybody looking at the history of modern Chile in a balanced sense will see that there was a discussion on human rights and law almost 100 years before some European countries had such a debate. Such matters as the relationship between indigenous people and others who had come to live in and occupy Chile, the relationship between Chile and its neighbours, the establishment of boundaries and long international cases and disputes were discussed. Many European countries could usefully learn from Chile's rich tradition of law and the views of Bernardo O'Higgins and others on race, equality and marriage rights. The history of Chile provides lessons in relation to all such matters. It will be useful to remember, as it always is on these occasions, that the Chilean side is bringing with it a very rich history of jurisprudence, constitutional thought, equality and egalitarian ideas.

It has made me happy to see that the wider, larger and deeper version of Chilean life, culture and history is being recovered. I welcome this association agreement not only for the sake of business, but also for what it means for the relations between our peoples. I hope no obstacles will be placed in the way of ratification by EU member states. I know the Minister of State, Deputy Kitt, and the Minister, Deputy Cowen, will want to use their influence to ensure we have the speediest possible ratification.

That completes our consideration of the agreement. Does the Minister of State wish to respond to the discussion?

I will respond to the Chairman's opening remarks and the comments of Deputies Noonan, Carey and Michael Higgins, which I appreciate, in relation to this very important agreement. I agree with the arguments that have been made about the importance of trade. The economic benefits are obvious, but we can also pursue cultural links which are very apparent to me and engage with each other about human rights. Deputy Higgins is right that Chile can offer a great deal to this debate. I have represented Ireland at the Human Security Network, a network of countries from all parts of the world, including Ireland, Canada, Chile and others, that tries to promote human rights internationally. I have been enriched by my involvement in that forum, of which the Chilean Foreign Minister, Ms Alvear, is a strong member. I concur with what has been said. In response to what has been suggested by the Deputies, we will use our Presidency of the EU to ensure our partners speed up their ratification of the agreement. I am delighted that the Chilean ambassador is with us on this important day.

The committee welcomes the agreement and looks forward to a growing, warm, friendly and fruitful relationship with Chile. The agreement will increase awareness in Ireland, certainly among parliamentarians. I thank his excellency, the ambassador, for briefing the committee so well in advance and the good session we had with him.

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