PURPOSE: to conclude a Second Additional Protocol to the Association Agreement between the Community and Chile, in order to take account of Romania and Bulgaria’s accession to the EU.

LEGISLATIVE ACT: Council Decision 2010/726/EU on the conclusion of a Second Additional Protocol 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, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

CONTENT: with this Decision, the Second Additional Protocol 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, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, is hereby approved on behalf of the Union and its Member States.

The Second Additional Protocol was signed on behalf of the European Community and its Member States on 24 July 2007.

It should be noted that as a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to "the European Community" in the text of the Protocol are, where appropriate, to be read as "the European Union".

ENTRY INTO FORCE: 22/11/2010.

The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure .

The Lisbon Treaty also introduced new concepts of decision-making procedure . The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

In the case of the proposal for a Council Decision on the conclusion of an Additional Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, the entry into force of the Lisbon Treaty had the following impacts :

· the old legal basis – Treaty/EC/Art.300(2) first para and (3) second para, Art 310; Act/Accession/Bulgaria-Romania/Art.6(2) - became Art 217, Art 218 (6)(a) of the TFEU. Please note that the numbering of the old legal bases corresponds to the consolidated versions of the Treaties that were applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal ;

· the proposal, which had previously fallen under the old assent procedure (AVC), was classified as an interinstitutional non-legislative procedure (NLE).

The European Parliament adopted a resolution drafted by Helmuth MARKOV (GUE-NGL, DE), and gave its assent to the conclusion of a Second Additional Protocol to the Agreement establishing an Association between the European Community and its Member States, of the one part, and Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the EU.

This decision aims to conclude, on behalf of the Community, the Second Additional Protocol 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, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

The text of this decision conforms to the Commission’s initial proposal (please refer to the previous initial proposal dated 07/05/2007).

This decision aims to conclude, on behalf of the Community, the Second Additional Protocol 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, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

The text of this decision conforms to the Commission’s initial proposal (please refer to the previous initial proposal dated 07/05/2007).

The Committee on International Trade adopted, in accordance with the simplified procedure (Rule 43(1) of the Rules of Procedure) the recommendation of

Helmuth MARKOV (GUE-NGL, DE), and invited the European Parliament to give its assent to the conclusion of a Second Additional Protocol to the Agreement establishing an Association between the European Community and its Member States, of the one part, and Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the EU.

The Council adopted a decision authorising the signature and provisional application of an “Additional Protocol” to the Association Agreement between the Community and Chile, in order to take account of Romania and Bulgaria’s accession to the EU on 1 January 2007.

PURPOSE: to sign, conclude and provisional apply an “Additional Protocol” to the Association Agreement between the Community and Chile, in order to take account of Romania and Bulgaria’s accession to the EU.

PROPOSED ACT: Council Decision.

CONTENT: according to the Act of Accession any new EU Member States, in this case Romania and Bulgaria, require an “Additional Protocol” to the EU-Chile Association Agreement. The same article, namely Article 6 (2), provides for a simplified procedure, whereby the Protocol can be concluded by the Council and by Chile. Negotiations with Chile on this matter have now been concluded.

The purpose of this proposal, therefore, is:

- to sign a provisional application of the Additional Protocol to the EU-Chile Association Agreement;

- to conclude the Additional Protocol to the EU-Chile Association Agreement.

PURPOSE: to sign, conclude and provisional apply an “Additional Protocol” to the Association Agreement between the Community and Chile, in order to take account of Romania and Bulgaria’s accession to the EU.

PROPOSED ACT: Council Decision.

CONTENT: according to the Act of Accession any new EU Member States, in this case Romania and Bulgaria, require an “Additional Protocol” to the EU-Chile Association Agreement. The same article, namely Article 6 (2), provides for a simplified procedure, whereby the Protocol can be concluded by the Council and by Chile. Negotiations with Chile on this matter have now been concluded.

The purpose of this proposal, therefore, is:

- to sign a provisional application of the Additional Protocol to the EU-Chile Association Agreement;

- to conclude the Additional Protocol to the EU-Chile Association Agreement.