Advanced Framework Agreement between the European Union and its Member States, of the one part, and the Republic of Chile, of the other part
Date: 2023-12-13
Institutions: Austria, Belgium, Bulgaria, Chile, Croatia, Cyprus, Czechia, Denmark, Estonia, European Union, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
Subjects: Chile, agreement (EU), economic cooperation, framework agreement, liberalisation of trade, political cooperation, trade cooperation




L_202401759EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/1759


30.7.2024






Advanced Framework Agreement between the European Union and its Member States, of the one part, and the Republic of Chile, of the other part


PREAMBLE
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the ‘Member States’,
and
THE EUROPEAN UNION,
of the one part,
and
THE REPUBLIC OF CHILE, hereinafter referred to as ‘Chile’,
of the other part,
hereinafter jointly referred to as ‘the Parties’,
CONSIDERING the strong cultural, political, economic and cooperation ties which unite them,
REAFFIRMING their commitment to democratic principles, human rights and fundamental freedoms, the rule of law and good governance, and to the achievement of sustainable development and tackling climate change, which constitute the basis for their partnership and cooperation,
SHARING the view that the proliferation of weapons of mass destruction and their means of delivery to both state and non-state actors represents one of the most serious threats to international peace and security,
MINDFUL of the significant contribution to the strengthening of those ties made by the Association 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, signed in Brussels on 18 November 2002 (‘Association Agreement’),
EMPHASISING the comprehensive nature of their relationship and the importance of providing a coherent framework for its further promotion,
CONSIDERING their commitment to modernise the existing Association Agreement to reflect new political and economic realities and the advancements made in their partnership,
ACKNOWLEDGING the importance of a strong and effective multilateral system, based upon international law, in preserving peace, preventing conflicts and strengthening international security and in tackling common challenges,
AFFIRMING their commitment to strengthen cooperation on bilateral, regional and global issues of common concern and to use all available tools to promote activities designed to develop an active and reciprocal international cooperation,
WELCOMING the adoption and calling for the implementation of the Sendai Framework for Disaster Risk Reduction 2015-2030, adopted at the Third UN World Conference in Sendai on 18 March 2015, the Addis Ababa Action Agenda of the Third International Conference on Financing for Development, adopted at Addis Ababa on 13 to 16 July 2015, the Resolution 70/1 adopted by the General Assembly of the United Nations (‘UN General Assembly’) on 25 September 2015, containing the outcome document ‘Transforming our world: the 2030 Agenda for Sustainable Development and the 17 Sustainable Development Goals’ (‘2030 Agenda’), the Paris Agreement under the United Nations Framework Convention on Climate Change, done at Paris on 12 December 2015 (‘Paris Agreement’), the New Urban Agenda, adopted during the UN Conference on Housing and Sustainable Urban Development (Habitat III) in Quito on 20 October 2016 (‘New Urban Agenda’) and the World Humanitarian Summit Commitments, adopted at the World Humanitarian Summit in Istanbul on 23 and 24 May 2016,
REAFFIRMING their commitment to promote sustainable development in its economic, social and environmental dimensions, their commitment to the development of international trade in such a way as to contribute to sustainable development in those three dimensions, which are recognised as deeply interlinked and mutually reinforcing, and their commitment to promote the achievement of the objectives of the 2030 Agenda,
REAFFIRMING their commitment to expand and diversify their trade relations in conformity with the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994, and the specific objectives and provisions set out in Part III of this Agreement,
DESIRING to strengthen their economic relations, in particular their trade and investment relations, by strengthening and improving market access, and contributing to economic growth, while remaining mindful of the need to raise awareness of the economic and social impact of environmental damage, unsustainable patterns of production and consumption and their associated impact on human well-being,
CONVINCED that this Agreement will create a climate conducive to the growth of sustainable economic relations between them, in particular in the trade and investment sectors, which are essential to the realisation of economic and social development, technological innovation and modernisation,
RECOGNISING that the provisions of this Agreement protect investments and investors, and are intended to stimulate mutually beneficial business activity, without undermining the right of the Parties to regulate in the public interest within their territories,
RECOGNISING the close relationship between innovation and trade, as well as the relevance of innovation for economic growth and social development, and also affirming their interest to promote higher levels of cooperation on innovation, research, science, technology, transportation and other related fields as well as promoting the participation of the public and private sectors,
AFFIRMING their commitment to strengthen cooperation in the fields of justice, freedom and security,
RECOGNISING the mutual benefits of enhanced cooperation in the areas of education, environmental matters, culture, research and innovation, employment and social affairs, health and other areas of common interest,
EXPRESSING their determination to continue strengthening their relationship through new cooperation agreements, as well as their determination that such cooperation be carried out to the benefit of third countries, as embodied in the Memorandum of Understanding for International Cooperation signed by the Parties in 2015, and by the continuing participation of Chile in the regional programmes of the European Union,
RECALLING the importance of the various agreements signed by the European Union and Chile, which have fostered political dialogue and cooperation across the sectoral areas of the relationship between the Parties, and increased trade and investment,
NOTING that in case the Parties decide, within the framework of this Agreement, to enter into specific agreements in the area of freedom, security and justice which may be concluded by the European Union pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union (‘TFEU’), the provisions of such future specific agreements would not bind Ireland unless the European Union, simultaneously with Ireland as regards their respective previous bilateral relations, notifies Chile that Ireland has become bound by such future specific agreements as part of the European Union in accordance with Protocol No 21 on the position of Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (‘TEU’) and to the TFEU. Likewise, any subsequent internal measures of the European Union which are adopted pursuant to Title V of Part Three of the TFEU to implement this Agreement would not bind Ireland, unless Ireland has notified its wish to take part in such measures or accept them in accordance with Protocol No 21. Also noting that, such future specific agreements or subsequent internal measures of the European Union would fall within the scope of Protocol No 22 on the position of Denmark annexed to the TEU and the TFEU,
HAVE AGREED AS FOLLOWS:




PART I



GENERAL PRINCIPLES AND OBJECTIVES




CHAPTER 1



OBJECTIVES, GENERAL PRINCIPLES AND DEFINITIONS



Article 1.1

Objectives of this Agreement

The objectives of this Agreement are to:






(a)


reaffirm the association between the Parties based on a strengthened partnership, reinforced political dialogue and enhanced cooperation on issues of mutual interest, including innovation in all applicable areas;










(b)


foster increased trade and investment between the Parties by expanding and diversifying their trade relations, which should contribute to higher economic growth and an improved quality of life; and










(c)


strengthen the existing cooperation relationship between the Parties, including international cooperation for sustainable development and fostering joint work, with the purpose of contributing to the implementation of the 2030 Agenda.






Article 1.2

General principles


1.   The Parties confirm their strong support for the principles of the Charter of the United Nations.


2.   Respect for democratic principles and human rights and fundamental freedoms, as laid down in the Universal Declaration of Human Rights, adopted by the UN General Assembly on 10 December 1948, and other relevant international human rights instruments to which the Parties are party and for the principle of the rule of law and good governance, which underpin the internal and international policies of both Parties, constitutes an essential element of this Agreement.


3.   The Parties share the view that the proliferation of weapons of mass destruction and their means of delivery to both state and non-state actors poses a major threat to international peace and security.


4.   The Parties reaffirm their commitment to continue promoting sustainable development in all its dimensions, contributing to the attainment of internationally agreed sustainable development goals, including to cooperate to address global environmental challenges.


5.   The Parties confirm their commitment to mainstream gender equality and the empowerment of women and girls.


6.   The Parties reaffirm their support for the United Nations Declaration on the Rights of Indigenous Peoples, adopted on 13 September 2007, and their commitments to respect the cultural diversity and protect the rights of indigenous peoples.


7.   The Parties shall implement this Agreement based on shared values including the principles of dialogue, mutual respect, equal partnership, multilateralism, consensus and respect for international law.



Article 1.3

Definitions

For the purposes of this Agreement:






(a)


‘Association Agreement’ means 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, signed in Brussels on 18 November 2002;










(b)


‘Interim Trade Agreement’ means the Interim Agreement on Trade between the European Union and the Republic of Chile, signed in Brussels on 13 December 2023;










(c)


‘third country’ means a country or territory outside the territorial scope of application of this Agreement as set out in Article 41.2; and










(d)


‘Vienna Convention on the Law of Treaties’ means the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969.









PART II



POLITICAL DIALOGUE AND COOPERATION




CHAPTER 2



POLITICAL DIALOGUE, FOREIGN POLICY, INTERNATIONAL PEACE AND SECURITY, GOVERNANCE AND HUMAN RIGHTS



Article 2.1

Political dialogue


1.   The Parties shall strengthen their political dialogue and cooperation at all levels through exchanges and consultations on bilateral, regional, international and multilateral issues with the purpose of consolidating their enhanced partnership.


2.   The political dialogue shall aim to:






(a)


promote the development of bilateral relations and strengthen the partnership of the Parties;










(b)


strengthen cooperation on regional and global challenges and issues;










(c)


strengthen the institutional capabilities of the Parties, including the modernisation of the State, decentralisation and the promotion of interinstitutional cooperation.






3.   The political dialogue between the Parties may take place in the following forms, as mutually agreed:






(a)


consultations, meetings and visits at summit level;










(b)


consultations, meetings and visits at ministerial level;










(c)


regular senior officials' meetings, including a high-level political dialogue;










(d)


sectoral dialogues, including through the exchange of missions and experts on issues of common interest;










(e)


exchanges of delegations and other contacts between the National Congress of Chile and the European Parliament.







Article 2.2

Countering proliferation of weapons of mass destruction


1.   The Parties consider that the proliferation of weapons of mass destruction (‘WMD’) and their means of delivery to both state and non-state actors represents one of the most serious threats to international stability and security. The Parties therefore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant international obligations. The Parties agree that this paragraph constitutes an essential element of this Agreement.


2.   The Parties furthermore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery by:






(a)


taking steps to sign, ratify or accede to, as appropriate, and fully implement all other relevant international instruments;










(b)


establishing an effective system of national export controls, controlling the export as well as the transit of WMD-related goods, including end-use control on dual-use technologies and effective sanctions for breaches of export controls.







Article 2.3

Human rights, rule of law and good governance


1.   The Parties shall foster a regular, meaningful and broad-based human rights dialogue.


2.   The Parties shall cooperate on the promotion and protection of human rights, including with regard to the ratification and implementation of international human rights instruments, and on the strengthening of democratic principles and the rule of law, promoting gender equality and combating discrimination in all its forms and on all grounds.


3.   Such cooperation may include:






(a)


supporting the development and implementation of action plans on human rights;










(b)


promoting human rights, including through education and the media;










(c)


strengthening national and regional institutions related to human rights, the rule of law and good governance;










(d)


enhancing cooperation with the United Nations human rights treaty bodies and the special procedures of the Human Rights Council according to general principles of international human rights law;










(e)


enhancing coordination and cooperation within the human rights-related institutions of the United Nations and relevant regional and multilateral fora;










(f)


strengthening national, regional and decentralised capacity to apply democratic principles and practices, including the promotion of election processes consistent with international democratic standards;










(g)


reinforcing good, independent and transparent governance at the local, national, regional and global levels, promoting accountability and transparency of institutions and supporting participation of citizens and the involvement of civil society;










(h)


collaborating and coordinating, where appropriate, including in third countries, to reinforce democratic principles, human rights and the rule of law, which includes the existence of an independent judicial system, equality before the law, the access of people to an effective legal public support, and the right to fair trial, due process and access to justice;










(i)


fostering the universality of international human rights treaties and encouraging third parties to implement their obligations in this area;










(j)


working to ensure accountability for human rights violations and abuses and ensure access to remedy for victims of such violations and abuses.







Article 2.4

Gender equality and women's and girls' empowerment


1.   The Parties shall promote gender equality, the full enjoyment of all human rights by all women and girls and their empowerment. They acknowledge the necessity of gender equality and the empowerment of women and girls as a goal in its own right as well as a driver for democracy, sustainable and inclusive development, peace and security. The Parties shall exchange best practices and explore further schemes of cooperation and potential synergies between respective initiatives such as policies and programmes, in line with international standards and commitments such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted by the UN General Assembly on 18 December 1979, the general recommendations made by the UN Committee on the Elimination of Discrimination against Women, the Beijing Declaration and Platform for Action, adopted at the Fourth World Conference of Women, held in Beijing from 4 to 15 September 1995, the Programme of Action, adopted at the International Conference on Population and Development, held in Cairo from 5 to 13 September 1994 and the outcome of their review conferences, the 2030 Agenda, UN Security Council Resolution 1325 (‘UNSCR 1325 (2000)’) and its subsequent resolutions on Women, Peace and Security and other international agreements addressing gender equality and women's and girls' human rights to which they are party.


2.   Such cooperation may include:






(a)


cooperating to achieve all Sustainable Development Goals, in particular Goal 5 and its targets;










(b)


promoting, protecting and fulfilling all human rights of all women and girls, preventing, combating and prosecuting all forms of violence, discrimination and harassment against women and girls in both public and private spheres, and actively promoting human rights of women and girls in line with the relevant international framework;










(c)


actively promoting the systematic mainstreaming of gender perspective; strengthening dialogue and cooperation on promoting gender equality and non-discrimination, social dialogue, protection and inclusion, the decent work agenda and employment policy;










(d)


supporting the development and implementation of a national action plan on UNSCR 1325 (2000), as well as the implementation of the United Nations' Women, Peace and Security agenda which consists of UNSCR 1325 (2000) and its subsequent resolutions;










(e)


promoting women's political participation and leadership, as well as access to quality education, economic empowerment and leadership, and their increased participation in all areas of life, including in the political, social, economic and cultural spheres;










(f)


strengthening national and regional institutions through specific measures to address and handle issues related to violence against women and girls, including the prevention of and protection from all forms of sexual and gender-based violence and harassment, through investigation and accountability mechanisms, provision of care and support to victims and the promotion of conditions of safety and security for women and girls;










(g)


effectively ensuring that women's and girls' human rights are promoted, respected and protected, countering any type of discrimination and violence against them, including violence targeting women human rights defenders, ensuring access to justice and taking the necessary steps to end impunity;










(h)


enhancing cooperation with relevant bodies of the United Nations and other international organisations;










(i)


actively promoting gender analysis and the systematic integration of gender perspective in all matters related to peace and security, while ensuring women's leadership and meaningful participation in peace processes, mediation efforts, conflict resolution and peace building, as well as civilian and military missions and operations.







Article 2.5

International security and cyberspace

The Parties will reinforce their cooperation and the exchange of views in the field of cybersecurity and regarding the use of information and communication technologies (‘ICT’) in the context of international peace and security, including on norms, principles of responsible behaviour of States, the adherence to existing international law in cyberspace, the development of confidence-building measures and capacity building.


Article 2.6

Countering terrorism


1.   The Parties reaffirm the importance of the fight against terrorism and shall cooperate in the prevention and suppression of acts of terrorism in accordance with international law and their respective legislation and the rule of law. They shall do so, in particular:






(a)


in the framework of full implementation of all relevant resolutions of the UN Security Council and the UN General Assembly, international conventions and instruments;










(b)


by promoting cooperation among UN Member States to effectively implement the UN Global Counter-Terrorism Strategy, adopted by the UN General Assembly on 8 September 2006;










(c)


by exchanging best practices in preventing radicalisation leading to violent extremism and countering terrorism;










(d)


by exchanging information on terrorist groups and their support networks, pursuant to national and international law, and supporting, when feasible, regional initiatives for law enforcement cooperation in the fight against terrorism, while fully respecting human rights, the right to privacy and the rule of law.







Article 2.7

Citizen security


1.   The Parties shall cooperate on citizen security. They acknowledge that citizen security transcends national and regional borders and requires a broader dialogue and cooperation with both a regional and a biregional dimension.
The Parties recognise the importance of the fight against organised crime and drug trafficking in enhancing citizen security. They commit to support biregional dialogues and cooperation on citizen security.


2.   The Parties may exchange evidence-based experiences and best practices on the design and implementation of policies related to preventing violence and crime, as well as on systems to measure and evaluate violence, crime and insecurity.
The Parties may exchange evidence-based best practices regarding the protection of victims of crimes in the context of citizen security.


3.   As regards prevention, the Parties may foster public policies aimed at preventing violence, with special emphasis on youth and gender.


4.   The Parties may exchange experiences and best practices in areas such as the promotion of a culture that fosters peace and non-violence, the observance of law, rehabilitation, reintegration into society, remedial justice. International standards and norms should be reflected in the law of the Parties governing the respective penitentiary systems.



Article 2.8

Small arms and light weapons and other conventional weapons


1.   The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons and other conventional weapons, including their ammunition, and their excessive accumulation, poor management and uncontrolled spread, as well as inadequately secured stockpiles, continue to pose a serious threat to peace and international security.


2.   The Parties agree to implement their respective obligations to deal with the illicit trade in small arms and light weapons and other conventional weapons, including their ammunition, under existing international agreements, the UN Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, adopted by UN Resolution 55/255 of 31 May 2001, and UN Security Council resolutions, as well as their commitments within the framework of other international instruments applicable in this area, such as the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, adopted on 20 July 2001.


3.   The Parties recognise the importance of domestic control systems for the transfer of conventional arms in line with existing international standards and regulations. The Parties recognise the importance of applying such controls in a responsible manner, as a contribution to international and regional peace, security and stability, and to the reduction of human suffering, as well as to the prevention of diversion of conventional weapons.


4.   The Parties undertake in this regard to fully implement the Arms Trade Treaty, adopted in New York on 2 April 2013, and to cooperate with each other within the framework of that Treaty, including in promoting the universalisation and full implementation of that Treaty by all UN Member States.


5.   The Parties therefore undertake to cooperate and to ensure coordination, complementarity and synergy in their efforts to regulate or improve the regulation of international trade in conventional arms and to prevent, combat and eradicate the illicit trade in arms.



Article 2.9

International Criminal Court


1.   The Parties recognise that the most serious crimes of concern to the international community must not go unpunished, and they shall endeavour to ensure that those crimes are effectively investigated and prosecuted by taking measures at the national level and by enhancing international cooperation, including with the International Criminal Court (‘ICC’).


2.   The Parties shall promote the universal ratification of, or accession to, the Rome Statute of the International Criminal Court (‘Statute’), and shall work towards the effective domestic implementation of the Statute by States parties to the Statute. The Parties shall exchange, as appropriate, best practices on the adoption of their respective legislation and take measures to safeguard the integrity of the Statute.



Article 2.10

Cooperation in international crisis management


1.   The Parties reaffirm their commitment to cooperate in promoting peace and international security, including cooperation with a view to the development of a gender focus in the field of international peace and security.


2.   The Parties shall coordinate crisis management activities, including cooperation in crisis management operations.


3.   The Parties shall work to implement the Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations, signed in Brussels on 30 January 2014.





CHAPTER 3



JUSTICE, FREEDOM AND SECURITY



Article 3.1

Judicial cooperation


1.   The Parties shall enhance existing cooperation on mutual legal assistance and extradition based on relevant international agreements. The Parties shall strengthen existing mechanisms and, as appropriate, consider the development of new mechanisms to facilitate international cooperation in this area. Such cooperation shall include, as appropriate, accession to, and implementation of, the relevant international instruments, and closer cooperation with other relevant international legal cooperation networks.


2.   The Parties shall develop judicial cooperation in civil and commercial matters, in particular, as regards the negotiation, ratification and implementation of multilateral conventions on civil judicial cooperation, including the conventions of the Hague Conference on Private International Law in the field of international legal cooperation and litigation as well as the protection of children.


3.   The Parties shall cooperate to promote the use of electronic means for the transmission of documents, as appropriate, as well as high standards of personal data protection, for the purpose of international judicial cooperation.



Article 3.2

World drug problem


1.   The Parties shall cooperate to ensure an integrated, balanced and evidence-based approach on drug issues with a view to:






(a)


implementing demand reduction initiatives and related measures, including prevention and treatment, and social reintegration as well as other health-related issues;










(b)


ensuring the availability of and access to controlled substances exclusively for medical and scientific purposes, while preventing their diversion;










(c)


implementing supply-reduction initiatives and related measures, such as effective law enforcement and responses to drug-related crime, countering money laundering, illicit drug trade, including internet-facilitated drug trade, and promoting judicial cooperation;










(d)


focusing on cross-cutting issues such as drugs and human rights, youth, children, gender, women and communities, including through measures for collaboration and cooperation with a view to fostering the development of programmes and actions for education and reintegration, allowing the reduction of the demand for drugs and psychotropic substances;










(e)


exchanging information and best practices about evolving realities, trends and existing circumstances, emerging and persistent challenges and threats, including new psychoactive substances; this may include drug demand reduction and forensic analysis of material, such as seized drug precursors;










(f)


strengthening international cooperation, including to address the diversion of drug precursors, essential chemicals and products or preparations containing them, used for the illicit production of narcotic drugs, psychotropic substances and new psychoactive substances;










(g)


strengthening alternative development, regional, interregional and international cooperation on a development-oriented and balanced drug control policy.






2.   The Parties shall collaborate to attain these objectives, including, when possible, by encouraging third countries that have not already done so to ratify and implement existing international drug control conventions and protocols to which they are party. The Parties shall base their actions on their applicable laws and regulations, on commonly accepted principles in line with the relevant United Nations drug control conventions and on the recommendations set out in the Outcome Document of the 2016 UN General Assembly Special Session on the World Drug Problem, entitled ‘Our joint commitment to effectively addressing and countering the world drug problem’, as the most recent international consensus on the world drug policy, in order to take stock of the implementation of the commitments made to jointly address and counter the world drug problem.



Article 3.3

International migration and asylum


1.   The Parties shall cooperate and exchange views within the framework of their respective laws, regulations and competences in the areas of migration, including regular and irregular migration, trafficking in persons and the smuggling of migrants, migration and development, asylum and international protection, return, readmission, integration, and visas and border management.


2.   The Parties shall cooperate, including through possible technical cooperation, on exchanging information and good practices related to policies, regulations, institutions and civil society, along with the sharing of data and statistics on migration.


3.   The Parties shall cooperate in order to prevent irregular migration and counter migrant smuggling. To that end:






(a)


Chile shall readmit any of its nationals illegally present on the territory of a Member State, on request by the latter and, unless otherwise provided by a specific agreement, without further formalities;










(b)


each Member State shall readmit any of its nationals illegally present on the territory of Chile, upon request by the latter and, unless otherwise provided by a specific agreement, without further formalities;










(c)


the Member States and Chile shall provide their nationals with appropriate travel documents for the purposes referred to in subparagraphs (a) and (b) or accept the use of the European travel documents for return;










(d)


the Parties shall mutually agree to negotiate a specific agreement defining obligations on readmission, including forms of evidence regarding nationality; that agreement may also include an obligation to readmit persons who are third country nationals, in accordance with the applicable law of the Parties.






4.   The Parties commit to enhance international cooperation on migration in all its dimensions, including within the framework of the United Nations, especially in addressing the root causes of irregular migration and forced displacement, while respecting national competences.



Article 3.4

Consular protection

The diplomatic and consular authorities of any represented Member State shall provide protection to any national of a Member State which does not have a permanent representation in Chile, if they are effectively in a position to provide consular protection in a given case, on the same conditions as to nationals of that represented Member State.


Article 3.5

Money laundering and the financing of terrorism

The Parties shall cooperate with a view to preventing and combating the use of their financial institutions and designated non-financial businesses and professions to finance terrorism and to launder the proceeds of criminal activities. To that end, they shall exchange information within the framework of their respective legislation and cooperate to ensure the effective and full implementation of the Financial Action Task Force (FATF) recommendations. Such cooperation may include, among others, the recovery, seizure, confiscation, tracing, identification and return of assets or funds derived from the proceeds of crime.


Article 3.6

Law enforcement and the fight against corruption and transnational organised crime


1.   The Parties shall cooperate and exchange views on combating transnational organised, economic and financial crime, drug trafficking and illicit drugs, trafficking in persons and other associated forms of exploitation, corruption, counterfeiting, smuggling, and illegal transactions through compliance with their mutual international obligations in this area, including as regards mutual legal assistance and effective cooperation in the recovery of assets or funds derived from criminal acts.


2.   The Parties will exchange evidence-based experiences and best practices about the design and implementation of policies related to the fight against corruption and transnational organised crime.


3.   The Parties shall develop a dialogue and cooperation on law enforcement, including through continuing strategic cooperation with Europol, as well as strategic judicial cooperation, including through Eurojust.


4.   The Parties shall endeavour to collaborate in international fora to promote, as appropriate, adherence to and the implementation of the UN Convention Against Transnational Organized Crime, adopted on 15 November 2000 by UN Resolution 55/25, and its supplementing Protocols.


5.   The Parties shall promote the implementation of the UN Convention against Corruption, adopted on 31 October 2003 by UN Resolution 58/4, and the Mechanism for the Review of Implementation of the UN Convention against Corruption established by the Conference of the States Parties to the UN Convention against Corruption in Doha, 9-13 November 2009 (‘review mechanism’), including by adhering to principles of transparency and the participation of civil society in the review mechanism.


6.   The Parties recognise the importance of fighting corruption in international trade and investment and, to that end, agree on more detailed provisions laid down in the Protocol to this Agreement on the Prevention of and Fight against Corruption.


7.   Regarding the fight against corruption, the Parties agree, in particular, to:






(a)


exchange relevant information and best practices in matters such as integrity, public transparency and anti-corruption;










(b)


exchange information and best practices including awareness-raising campaigns and education methods about the fight against corruption.







Article 3.7

Cybercrime


1.   The Parties recognise that cybercrime is a global problem requiring a global response.


2.   The Parties will reinforce their cooperation to prevent and fight against cybercrime. For that purpose, they will exchange information and best practices in accordance with their respective laws and international commitments, such as the Council of Europe Convention on Cybercrime, done at Budapest on 23 November 2001 (‘Budapest Convention’), in a manner that fully respects human rights and within the limits of their responsibility.


3.   The Parties will exchange information on the education and training of investigators and other professionals or prosecutors specialised in computer-related crimes and digital forensic science and may carry out joint training activities for their mutual benefit or for the benefit of third parties.


4.   The Parties shall endeavour to work together where appropriate to provide assistance and support to other States in the development of appropriate laws, policies, practices, education and training, in line with the Budapest Convention and recognising it as the international standard in preventing and combating cybercrime.



Article 3.8

Personal data protection


1.   The Parties recognise the importance of protecting the fundamental rights to privacy and the protection of personal data. The Parties shall cooperate to ensure the respect of those fundamental rights, including in the area of law enforcement and when preventing and combating terrorism and other serious transnational crimes.


2.   The Parties shall cooperate to promote a high level of protection for personal data. Cooperation at the bilateral and multilateral levels may include capacity building, technical assistance, the exchange of information and expertise, and cooperation through regulatory counterparts in international bodies as mutually agreed by the Parties.





CHAPTER 4



SUSTAINABLE DEVELOPMENT



Article 4.1

Sustainable development


1.   The Parties shall promote sustainable development in its three dimensions, namely social, economic and environmental, in an inclusive and balanced manner through dialogue, joint action, the sharing of best practices, good governance at all levels, cohesive nationally owned sustainable development strategies and the mobilisation of financial resources, making the best possible use of existing and future instruments.


2.   The Parties shall address the challenges linked to achieving the United Nations Sustainable Development Goals (‘SDGs’) by giving priority to each Party's needs and national ownership, taking into account the regional and local contexts, and building synergies and partnerships with relevant stakeholders in that area, including civil society, local governments, the private sector, non-profit organisations and academia. While recognising the central role of governments in promoting development, the Parties will also cooperate to encourage the private sector, in particular small and medium-sized enterprises, to take account of sustainable development in its practices.


3.   The Parties recognise the importance of the means of implementation, including finance, transfer of technology, technical cooperation and capacity building, in the realisation and follow-up of the 2030 Agenda through multiple stakeholders, including governments, civil society, the private sector and other actors. In that regard, they commit to continue to work in order to strengthen international cooperation, including by promoting the use of innovative tools with a view to achieving sustainable development.


4.   The Parties shall cooperate to improve sustainability in consumption and production patterns, and shall endeavour to take actions aimed at decoupling economic growth from environmental degradation, including through circular economy, public policies and business strategies.


5.   The Parties shall endeavour to promote the responsible, sustainable and efficient use of natural resources.


6.   The Parties shall endeavour to raise awareness of the economic and social costs of environmental damage and its associated impact on human well-being, including through the use of science-based evidence.


7.   The Parties shall hold a regular structured policy dialogue on sustainable development and the achievement of the SDGs to improve policy coordination on issues of common interest and the quality and effectiveness of that coordination.


8.   The Parties shall work together to mainstream gender considerations across policies and instruments.


9.   Development cooperation shall be carried out in line with the relevant internationally agreed principles and policies to which both Parties have adhered.



Article 4.2

International cooperation


1.   The Parties recognise the mutually benefitting nature of international cooperation and its value to promote sustainable development processes.


2.   The Parties will encourage triangular cooperation with third countries in matters of common interest in a manner that fully respects the beneficiaries' strategies and priorities. They shall promote the strengthening of regional integration within Latin America and the Caribbean and acknowledge the strategic importance of inclusive biregional cooperation.



Article 4.3

Environment


1.   The Parties agree on the need to protect the environment and conserve, restore and sustainably manage natural resources.


2.   The Parties will cooperate, in particular, on matters such as access rights on environmental affairs, biodiversity and protected areas, land and soil, water, air quality, environmental monitoring, environmental impact assessment, waste management, extended producer responsibility, recycling and chemical substances management, transportation impact assessment and management.


3.   The Parties recognise the importance of global environmental governance, including the implementation of multilateral environmental agreements to which they are party and, as appropriate, resolutions of the United Nations Environment Assembly and other relevant fora, to tackle environmental challenges of common concern. Each Party reaffirms its commitment to implement the multilateral environmental agreements to which it is party.


4.   The Parties shall strengthen their cooperation on the protection of the environment and human health, and on mainstreaming environmental considerations in all sectors of cooperation, as appropriate, in particular as regards:






(a)


promoting good environmental governance in mutually agreed priority areas;










(b)


fostering the exchange of information, technical expertise and best practices in areas such as:






(i)


green and circular economy and best available techniques;










(ii)


conservation and sustainable use of biodiversity objectives, including the mapping and assessment of ecosystems and their services, their valuation and mainstreaming of those objectives in other relevant policy areas;










(iii)


protection and sustainable management of forests;










(iv)


fight against illegal trade in wildlife, including timber and other biological resources;










(v)


sound management of chemicals and waste;










(vi)


water resources, soil and land use policy;










(vii)


air pollution and reduction of short-lived pollutants;










(viii)


coastal and marine environment conservation and management;










(ix)


the social and economic impacts of environmental degradation;










(x)


the environmental impact of economic activities and the opportunities of greening businesses;










(xi)


access to information, participation and justice in environmental matters;










(xii)


joint academic research in environmental matters.











Article 4.4

Climate change


1.   The Parties acknowledge that the urgent threat of climate change requires collective action for low-emission and climate-resilient development.


2.   The Parties recognise the importance of international rules and agreements in the area of climate change, in particular the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992 (‘UNFCCC’), the Paris Agreement, and the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997.


3.   The Parties shall work together to strengthen their cooperation under the UNFCCC, to implement the Paris Agreement and their nationally determined contributions under that Agreement.


4.   Such cooperation may include:






(a)


cooperating towards the implementation of pre-2020 commitments and actions to build mutual trust between the Parties;










(b)


facilitating further action by the Parties driven by their national debates and policy analysis;










(c)


supporting low greenhouse gas emission economic development in accordance with the Paris Agreement;










(d)


supporting all constructive dialogues and engagements under the UNFCCC, especially those created to assess the collective progress towards achieving the objectives of the Paris Agreement, such as the global stocktake;










(e)


developing policy dialogue and cooperation in the implementation of the enhanced transparency framework established by the Paris Agreement, in mutually agreed priority areas including the enhancement of national capacities in order to achieve higher levels of transparency;










(f)


promoting bilateral dialogue and cooperation of mutual interest with the aim of supporting multilateral processes, as appropriate, which can have a significant impact on the reduction of greenhouse gas emissions from international maritime transport and aviation, in particular in the International Civil Aviation Organization and the International Maritime Organization;










(g)


promoting domestic climate policies and programmes which support the objectives of the Paris Agreement to mitigate, adapt and align finance flows, including through the goals and actions contained in the nationally determined contributions of the Parties under that Agreement;










(h)


supporting action to align finance flows with a pathway towards low greenhouse gas emissions and climate-resilient development, with a focus on inclusive climate finance, which targets the poorest and groups that are particularly vulnerable to the adverse effects of climate change, such as women and girls;










(i)


promoting a dialogue on strengthening adaptation policies and measures, including in matters related to finance, for adaptation, evaluation of results and increase in resilience;










(j)


promoting synergies in the field of climate action at all levels between the public administration, civil society organisations and private business, and fostering participation of the private sector with a view to a low greenhouse gas emission and climate-resilient economy;










(k)


promoting economic policy instruments for climate change action, such as carbon pricing, market-based instruments and carbon taxes, as appropriate;










(l)


enhancing the development and deployment of commercially viable low-emission and other climate-friendly technologies;










(m)


promoting global efforts to rationalise and phase out inefficient fossil fuel subsidies that encourage wasteful consumption, taking fully into account specific needs and conditions of developing countries and minimising the possible adverse impact on their development in a manner that protects the poor and the affected communities;










(n)


enhancing bilateral dialogue on other areas of climate policy that may arise and fostering the consideration of the cross-cutting approaches of the Paris Agreement and Agenda 2030.







Article 4.5

Sustainable energy


1.   The Parties recognise the importance of the energy sector to economic prosperity and international peace and stability, and underline that the transformation of the energy sector is key to achieving the goals set out in the Paris Agreement and Agenda 2030. They agree on the need to improve and diversify energy supplies, promote innovation, increase energy efficiency to ensure access to safe, sustainable, environmentally sound and affordable energy. The Parties recognise that the energy transition will not be without cost in the regions and will support a just transition. The Parties shall work towards those goals.


2.   The Parties shall maintain information exchanges on energy and collaborate bilaterally, regionally and multilaterally to support open and competitive markets, share best practices, promote science-based, transparent regulation, and discuss areas of cooperation on energy issues.


3.   Cooperation between the Parties pursuant to this Article shall be implemented with due regard to Article 15.14, so as to ensure synergies.



Article 4.6

Ocean governance


1.   The Parties recognise the importance of the sustainable management of the oceans and seas, including the protection and preservation of marine environment, the ocean-climate nexus, the conservation and the sustainable use and responsible management of fisheries, aquaculture and other maritime activities and their contribution to providing environmental, economic and social opportunities for present and future generations.


2.   To that end, in a manner consistent with their obligations under international law, in particular the United Nations Conventions on the Law of the Sea, done at Montego Bay, on 10 December 1982, the Parties undertake to:






(a)


promote that States in a position to do so, sign and ratify, approve or accept the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction, adopted at New York on 19 June 2023;










(b)


cooperate to achieve SDG 14 and other related SDGs, including in relevant regional and multilateral bodies and processes;










(c)


contribute to strengthening international ocean governance, including through filling regulatory and implementation gaps;










(d)


promote better cooperation and consultation, within and between competent international organisations, instruments and bodies, with a view to strengthening ocean governance and promoting effective enforcement;










(e)


promote and effectively implement monitoring, control and surveillance measures, such as observer schemes, vessel monitoring systems, transhipment control, inspections at sea and port state control and associated sanctions according to their respective laws and regulations, aimed at the conservation of fish stocks and the prevention of overfishing;










(f)


maintain or adopt actions and cooperate to combat illegal, unreported and unregulated (IUU) fishing, including, where appropriate, exchanging information on IUU activities in their waters and implementing policies and measures to exclude IUU products from trade flows and fish farming operations;










(g)


cooperate with and, where appropriate, in regional fisheries management organisations of which both Parties are members, observers or cooperating non-contracting parties, with the aim of achieving good governance;










(h)


reduce pressures on the oceans through the fight against marine pollution and marine litter, including from land-based sources, plastics and microplastics;










(i)


cooperate to develop ecosystems and area-based conservation measures and management tools, including marine protected areas, consistent with the law of each Party and with international law and based on the best available scientific information to protect and restore coastal and marine areas and resources;










(j)


encourage the strengthening of the safety and security of the oceans by exchanging best practices regarding coastguard functions and maritime surveillance, including through enhanced cooperation between relevant authorities;










(k)


promote area-based tools like ecosystem-based maritime spatial planning and integrated coastal zone management in order to sustainably manage and develop maritime activities;










(l)


cooperate to strengthen ocean research and data collection;










(m)


support marine research and science-based decisions for fisheries management and for other exploitation activities on marine resources;










(n)


cooperate to minimise the adverse effects of climate change on the ocean, coastlines and ecosystems, including through the mitigation of emissions of greenhouse gases, in particular carbon dioxide, and to achieve effective adaptation actions and support for the implementation of relevant international agreements and international actions;










(o)


promote the development of sustainable and responsible aquaculture, including with regard to the implementation of the objectives and principles contained in the Code of Conduct for Responsible Fisheries, adopted in Rome on 31 October 1995, by the Food and Agriculture Organization of the United Nations;










(p)


exchange best practices on the sustainable development of selected maritime economic activities of interest to the Parties.







Article 4.7

Disaster risk reduction


1.   The Parties recognise the need to manage both domestic and global natural and man-made disaster risks.


2.   The Parties shall cooperate to improve prevention, mitigation, preparedness, response, and recovery measures in order to reduce disaster risk, to foster a culture of prevention and to increase the resilience of their societies, ecosystems and infrastructure, and shall work as appropriate at bilateral, regional, and multilateral political levels to improve global disaster risk reduction.


3.   The Parties undertake to promote the exchange of information and good practices on the implementation and monitoring of the Sendai Framework for Disaster Risk Reduction 2015-2030, adopted at the Third UN World Conference in Sendai, Japan, on 18 March 2015 through regional and global cooperation platforms, and in particular on the assessment of risk, implementation of disaster risk reduction plans at all levels, and the collection and use of disaster statistics and loss data, including on economic evaluation of disasters.



Article 4.8

Urban policy development


1.   The Parties recognise the importance of policies to promote sustainable urban development as a means to contribute effectively to the implementation of the objectives of the 2030 Agenda and the New Urban Agenda.


2.   The Parties shall promote cooperation and partnership, involving all the key actors in the field of sustainable urban development, in particular on ways to address urban challenges in an integrated and comprehensive manner.


3.   The Parties shall develop, wherever possible, concrete opportunities for city-to-city cooperation on sustainable solutions to urban challenges, with a view to improving capacity building through exchanges of experience, practice and mutual learning.



Article 4.9

Cooperation in agriculture and rural development (1)



1.   The Parties shall cooperate in agriculture and rural development with the common objective to enhance resilience and sustainability of food production, sustainable agriculture and management of natural resources such as water and climate action, circular food systems, including prevention and reduction of food loss and waste, promotion of producer organisations, geographical indications, research and innovation, rural development policies and agricultural market outlook.


2.   The Parties acknowledge the efforts undertaken in international fora to enhance global food security and nutrition and sustainable agriculture, and commit to actively engage in cooperation in those fora with a view to contributing, by 2030, to ending hunger and all forms of malnutrition.


3.   The Parties shall work together towards contributing to the achievement of Agenda 2030 in the agri-food sector, in particular SDGs 1, 2, 12, 15, 17 and other relevant SDGs.


4.   The Parties shall encourage and promote effective public, public-private and civil society partnerships, building on the experience and resourcing strategies of partnerships referred to in SDG 17. To that end, the Parties shall endeavour to enhance bilateral cooperation and coordination related to agriculture and rural development based on the principle of their respective long-term sustainability goals, referred to in the European Union Green Deal, the European Union Farm to Fork Strategy and the European Union Biodiversity strategy, and the Chilean agrifood sustainability initiatives.





CHAPTER 5



ECONOMIC, SOCIAL AND CULTURAL PARTNERSHIP



Article 5.1

Enterprise and industry


1.   The Parties shall cooperate to promote a favourable environment for the development and improved competitiveness of small and medium-sized enterprises (‘SMEs’) and cooperation as appropriate in the field of industrial policy. Such cooperation shall consist in:






(a)


promoting contacts between economic operators, encouraging joint investments and establishing joint ventures and information networks through existing horizontal programmes;










(b)


exchanging information and experiences on creating framework conditions for SMEs to improve their competitiveness and on procedures related to the setting up of SMEs;










(c)


facilitating the activities of SMEs of the Parties;










(d)


promoting corporate social responsibility and accountability and encouraging responsible business practices, including sustainable consumption and production.






2.   The Parties shall cooperate to facilitate relevant cooperation activities established by the private sector.



Article 5.2

Raw materials


1.   The Parties recognise that a transparent, market-based approach is the best way to create an environment favourable to investment in the raw materials sector.


2.   Based on mutual interest, the Parties shall promote cooperation on issues relating to raw materials within relevant regional or multilateral settings or through bilateral dialogue on request of either Party. That cooperation shall have the aim to promote transparency in global markets for raw materials and contribute to sustainable development.


3.   Cooperation between the Parties pursuant to this Article shall be implemented with due regard to Article 15.14, so as to ensure synergies.



Article 5.3

Responsible business conduct, and business and human rights


1.   The Parties shall support the development and implementation of National Action Plans on Business and Human Rights ensuring that effective due diligence provisions on human rights are referred to and encouraged in those plans.


2.   Taking into account that States have a duty to protect human rights in their territory in relation to business activity, the Parties shall promote responsible business conduct in line with international standards endorsed or supported by the Parties under the UN Guiding Principles on Business and Human Rights, the Guidelines for Multinational Enterprises of the Organization for Economic Co-operation and Development (OECD), and the OECD General Due Diligence Guidance for Responsible Business Conduct, the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy of the International Labour Organization (ILO) and the 2030 Agenda.



Article 5.4

Employment and social issues


1.   The Parties, in accordance with the 2030 Agenda, recognise that the eradication of poverty in all its forms and dimensions, including extreme poverty, is the greatest challenge facing the world and constitutes an indispensable requirement for sustainable development. In that respect, they agree to exchange information on methods to measure poverty in order to support evidence-based policies.


2.   The Parties acknowledge that improving living standards, creating quality jobs and promoting social protection and decent work for all – women and men – should be at the heart of employment and social policies.


3.   The Parties shall respect, promote and realise the fundamental principles and rights at work set out in the ILO Declaration on Fundamental Principles and Rights at Work, adopted in Geneva on 18 June 1998, and its follow-up, the ILO Declaration on Social Justice for a Fair Globalization, adopted on 10 June 2008, and the corresponding fundamental ILO Conventions.


4.   The Parties shall enhance cooperation, including between social partners in the field of employment and social affairs, and shall promote exchanges of best practices regarding employment, health and safety at work, labour inspections, undeclared work, social dialogue and social and labour protection, including an assessment of the impacts of the informal economy as well as the management of professional transitions.


5.   The Parties agree to establish a regular dialogue to accompany and review the progress of work in those areas of common interest and of the design and effectiveness of their policies in these fields.



Article 5.5

Older persons and persons with disabilities


1.   The Parties commit to work for the welfare, dignity and effective inclusion of vulnerable groups in their societies, as well as of those who encounter barriers to their participation in society on an equal basis with others, in particular older persons and persons with disabilities.


2.   The Parties recognise the importance of promoting positive ageing and accessibility at all levels through the life course. The Parties also recognise the importance of complying with the accessibility obligations under the UN Convention on the Rights of Persons with Disabilities, adopted on 13 December 2006.


3.   The Parties agree to cooperate in order to:






(a)


promote and develop actions to support or increase labour market opportunities for and the social inclusion of older persons and persons with disabilities;










(b)


ensure inclusive education and lifelong learning for persons with disabilities, in particular children and young people, as well as for older persons;










(c)


promote targeted actions with a focus on the inclusion of persons with mental and intellectual disabilities and mental health problems, as well as on their habilitation and rehabilitation;










(d)


identify and exchange good practices on assistive devices, including those which are used in the provision of care to foster independent living and which are usable for both older persons and persons with disabilities, including in situations of dependency;










(e)


improve the accessibility of products and services in a coherent way in order to ensure access on an equal basis and without discrimination against persons with disabilities or older persons.







Article 5.6

Youth


1.   The Parties recognise the importance of youth as a driver for growth and prosperity. In that regard, the Parties will emphasise the importance of the creation of employment and decent jobs for young people, as well as the development of projects aimed at increasing their civic participation.


2.   The Parties shall cooperate to:






(a)


facilitate the active participation of young people in civil society;










(b)


foster exchanges in the field of youth policy and non-formal education for young people and youth workers;










(c)


promote sustainable and inclusive development by engaging in a dialogue with a view to supporting awareness campaigns targeted at youth with regard to human rights and non-discrimination.






3.   Within that framework, they will carry out joint work to fight bullying and violence at educational establishments.



Article 5.7

Culture


1.   The Parties shall cooperate in relevant international fora, in particular the United Nations Educational, Scientific and Cultural Organization (UNESCO), in order to pursue common objectives and to foster cultural diversity, including through implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted in Paris on 20 October 2005.


2.   The Parties shall promote closer dialogue and cooperation in the cultural and creative sectors, including with regard to emerging and new technologies and audiovisual media, bearing in mind the existing bilateral agreements between Chile and Member States, in order to enhance, inter alia, mutual understanding and knowledge of their respective cultures and exchanges on this area.


3.   The Parties shall endeavour to take appropriate measures to promote cultural exchanges and carry out joint initiatives in various cultural areas, including coproduction in the media, film and television industries, using available cooperation instruments and frameworks.


4.   The Parties shall encourage intercultural dialogue between civil society organisations as well as between individuals from the Parties.



Article 5.8

Research and innovation


1.   The Parties shall cooperate in the area of scientific research, technological development and innovation on the basis of common interest and mutual benefit, in compliance with their internal rules and provisions. That cooperation shall be aimed at promoting social and economic development, tackling global societal challenges, achieving scientific excellence, improving regional competitiveness and strengthening relations between the Parties, leading to a long-lasting partnership. The Parties shall foster policy dialogue and use their different instruments, such as the Agreement for scientific and technological cooperation between the European Community and the Republic of Chile, done at Brussels on 23 September 2002, in a complementary manner.


2.   The Parties shall seek to:






(a)


improve conditions for mobility of researchers, scientists, experts, students and entrepreneurs and for movement of material and equipment across borders;










(b)


facilitate reciprocal access to each other's science, technology and innovation programmes, research infrastructures and facilities, publications and scientific data;










(c)


increase cooperation in pre-normative research and standardisation;










(d)


promote common principles for fair and equitable treatment of intellectual property rights in research and innovation projects;










(e)


encourage policy dialogue on innovation, targeted at SMEs in particular, with a view to generating new goods and services and stimulating technological innovation and entrepreneurship;










(f)


increase the number of joint applied research and development business projects that seek to generate innovative solutions to common problems and challenges;










(g)


foster networks and links between research and innovation institutions, such as universities and research centres and companies, in the Parties' regions for the development of close-to-market activities;










(h)


support social and public innovation programmes aiming to improve the social development of the regions and in particular the quality of life of citizens;










(i)


promote cooperation and exchange of best practices, policies and strategies, including global challenges, between policymakers, innovation agencies and other relevant stakeholders.






3.   The Parties shall promote the following activities, which shall involve government organisations, public and private research centres, higher-education institutions, innovation agencies and networks, as well as other stakeholders, including SMEs:






(a)


joint initiatives to raise awareness on science, technology, innovation and capacity-building programmes and opportunities for participating in each other's programmes;










(b)


joint meetings and workshops aimed at exchanging information, best practices and identifying areas for joint research;










(c)


joint and co-financed research and innovation actions, including thematic networks, in areas of common interest;










(d)


mutually recognised assessment and evaluation of scientific and innovation cooperation and dissemination of the corresponding results.







Article 5.9

Polar cooperation

The Parties recognise the importance of dialogue and cooperation at bilateral and multilateral level in polar matters. Such cooperation shall be channelled through expert dialogue and exchange of best practices, including in the framework of the Commission for the Conservation of Antarctic Marine Living Resources.


Article 5.10

Digital policy


1.   The Parties recognise that information and communication technology (‘ICT’) enhance economic, educational and social development. The Parties shall exchange views on their respective policies in this field.


2.   The Parties shall cooperate on ICT policies. Such cooperation may include:






(a)


exchanging views on the different aspects of the Digital Single Market strategy of the European Union, in particular electronic communications policies and regulation, including access to broadband services, the protection of privacy and personal data, data flows, data localisation requirements, e-government, open government, open data, internet security, e-health, and the independence of regulatory authorities;










(b)


exchanging views on net neutrality, as a principle to promote a free and open internet, and the creation of and access to online services and applications for the benefit of all citizens;










(c)


promoting ICT as a means of social, cultural and economic development, social and digital inclusion and cultural diversity as well as an essential tool for stimulating connectivity in schools and developing research and academic networks;










(d)


developing the interconnection and interoperability of research networks, computing and scientific data infrastructures and services, and promoting such development within their regional context;










(e)


cooperating in the area of e-government and trust services such as electronic signature and electronic identity, with a focus on exchanging policy principles, information and good practices on the use of ICT to modernise public administration and to promote high-quality public services and transparent management of public resources;










(f)


exchanging information on standards, conformity assessment and type approval, inter alia, to facilitate trade;










(g)


promoting the exchange and training of specialists, in particular young professionals and women;










(h)


promoting digital skills.







Article 5.11

Education and higher education


1.   The Parties shall cooperate in the area of education with the aim of supporting the development of human capital, in particular at the higher education level.


2.   In order to support the quality and modernisation of higher education systems, the Parties shall:






(a)


promote the mobility of students, academics and administrative staff through existing or new programmes;










(b)


enhance capacities in higher education institutions;










(c)


improve mechanisms for recognition of qualifications and study periods abroad, in accordance with the law of each Party.







Article 5.12

Civil satellite navigation, earth observation and other space activities


1.   The Parties recognise that space activities have a positive impact on economic, social and sustainable environmental development and industrial competitiveness.


2.   The Parties shall cooperate, in accordance with international conventions and their respective law, on matters of common interest in the area of civil space activities, such as:






(a)


space research, including on satellite navigation and earth observation through the participation in Horizon Europe;










(b)


cooperation on global navigation satellite systems applications and services, including in particular scientific research, industrial cooperation, trade and market development, application standards, certification and regulatory measures;










(c)


development of satellite augmentation systems, in particular for air transportation or augmentation systems, mutual protection of infrastructure of satellite navigation systems, cooperation on interoperability, compatibility and spectrum use;










(d)


earth observation and earth science, including cooperation in multilateral fora and in particular the Group on Earth Observations (‘GEO’) and the Committee on Earth Observation Satellite (‘CEOS’), to address societal challenges and to facilitate business and innovation partnerships on earth observation in the framework of the Copernicus component of the Union Space Program by identifying areas of common interest;










(e)


satellite communications.







Article 5.13

Tourism


1.   The Parties shall cooperate in the area of tourism with the aim of improving the exchange of information and establishing best practices in order to ensure a balanced and sustainable development of tourism and to support the creation of jobs, economic development and improvement of quality of life.


2.   The Parties shall focus in particular on:






(a)


safeguarding and maximising the potential of natural and cultural heritage;










(b)


respecting the integrity and interests of local communities;










(c)


promoting cooperation between the regions of the Parties and the regions and municipalities of neighbouring countries;










(d)


promoting information exchange and cooperation for creative industries and innovation in the tourism sector.







Article 5.14

Statistics


1.   The Parties shall cooperate in the field of statistics.


2.   Such cooperation may include:






(a)


promoting the harmonisation of statistical methodologies to improve data comparability;










(b)


producing and disseminating official statistics and developing indicators;










(c)


exchanging knowledge and good practices between official institutions of Chile in charge of statistical matters and procedures and their counterparts in the European Union.







Article 5.15

Transport


1.   The Parties shall cooperate in the relevant areas of transport policy, including integrated transport policy, with a view to developing and supporting an efficient, sustainable, safe, secure and environmentally friendly transport system for both passengers and goods.


2.   Such cooperation shall aim to promote:






(a)


exchange of information on their respective transport policies, standards and best practices and other subjects of mutual interest;










(b)


interconnection and interoperability of networks;










(c)


a multimodal transport system approach;










(d)


investment friendly environment;










(e)


safety and security of transport systems;










(f)


environment-related transport issues;










(g)


low carbon or carbon free transport solutions, research and innovation, smart and digital solutions;










(h)


expert dialogue and cooperation within international transport fora;










(i)


sustainable transport solutions, including in relation to urban mobility; and










(j)


trade facilitation, increased efficiency and optimisation of transport and logistics operations through digitalisation and simplification of reporting requirements across all transport modes.









CHAPTER 6



OTHER AREAS



Article 6.1

Macroeconomic policies

The Parties shall cooperate and promote the exchange of information and views on macroeconomic policies and trends.


Article 6.2

Tax matters

The Parties recognise and commit to implement the principles of good governance in the tax area, including the global standards on transparency, exchange of information and the minimum standards against the base erosion and profit shifting (BEPS), as well as to eliminate harmful tax practices. The Parties will promote a level playing field and work towards improving international cooperation in the tax area in order to prevent tax avoidance and evasion.


Article 6.3

Consumer policy

The Parties recognise the importance of ensuring a high level of consumer protection and shall, to that end, endeavour to cooperate in the field of consumer policy. The Parties agree that such cooperation may involve, to the extent possible:






(a)


exchanging information on their respective consumer protection frameworks, including on consumer laws, consumer product safety, consumer redress and the enforcement of consumer legislation;










(b)


encouraging the development of independent consumer associations and contacts between consumer representatives.






Article 6.4

Public health

The Parties agree to cooperate in public health matters, in particular as regards the prevention and control of communicable diseases, preparedness to fight outbreaks of highly pathogenic diseases, the enforcement of the International Health Regulations (2005), adopted on 23 May 2005 by the World Health Assembly, and combating antimicrobial resistance.


Article 6.5

Cooperation in sport and physical activity

The Parties will cooperate in the field of sport and physical activity as a way to contribute to the development of an active and healthy lifestyle, including promoting health-enhancing physical activity in all age groups, promoting social roles and educational values of sport, and fighting against threats against sport, such as doping, match fixing, racism and violence.




CHAPTER 7



MODERNISATION OF THE STATE AND THE PUBLIC SERVICE, DECENTRALISATION, REGIONAL POLICY AND INTERINSTITUTIONAL COOPERATION



Article 7.1

State modernisation

In the context of their political dialogue and cooperation, the Parties will work towards the exchange of experiences in matters related to the modernisation and decentralisation of the State and the public administration, drawing lessons from the best practices of the Parties in global organisational effectiveness and the existing legislation and institutional framework with the aim of achieving good governance, including the following:






(a)


recognition of the autonomy and the role of Supreme Audit Institutions in promoting good governance at all levels by ensuring efficiency, accountability, effectiveness and transparency;










(b)


promotion of transparency and accountability in public policies and decision making with regard to their citizenry, and the strengthening of the role of civil society in this field;










(c)


promotion of a culture of integrity and probity in the public service that encompasses society as a whole, in collaboration with the private sector and civil society;










(d)


promotion, support and encouragement of innovation in the public sector, providing solutions to the problems and challenges of its different levels and areas of work, so that they generate public value in the innovation ecosystem and society.






Article 7.2

Regional policy and decentralisation


1.   The Parties recognise the importance of policies intended to promote balanced and sustainable regional and territorial development. The Parties acknowledge the importance of regions and of work with subnational governments, and how they can add important knowledge about public policies in line with the requirements of the future decentralisation of Chile.


2.   The Parties will cooperate, whenever possible, with a view to improving systems of governance at different levels, capacity building through exchanges of experiences and practices and mutual learning, on sustainable solutions for territorial and regional development challenges, on policies aiming at the promotion of social, economic and territorial cohesion, including cross-border cooperation, on setting up and implementing regional policy and organising territorial development strategies and on partnership issues, planning and evaluation procedures and methods, regional innovation and smart specialisation policies.


3.   The Parties undertake to strengthen and expand, whenever possible, the dynamics and opportunities for collaboration between the regions of the European Union and the regions of Chile through the design and execution of joint programmes and projects aimed at developing, inter alia, regional and territorial development.


4.   The Parties will seek to exchange experiences and good practices on the interrelations between decentralisation and regional policy implementation.



Article 7.3

Interinstitutional cooperation


1.   The Parties undertake to encourage and facilitate closer dialogue and cooperation between the institutions concerned in any of the areas covered by this Agreement. For that purpose, the Parties will encourage contacts between the institutions of the Government of Chile and the public sector and other relevant institutions of Chile with their counterparts in the European Union to address the widest possible sectoral cooperation, which may include:






(a)


the prevention of and the fight against corruption;










(b)


organisational training and support;










(c)


technical assistance provided to the institutions of Chile responsible for the generation, execution and evaluation of public policies and for the provision of information concerning such policies, including meetings of staff of the institutions of the European Union with counterparts from Chile;










(d)


regular exchange of information, as deemed appropriate, including through the use of information communication technologies, and the development of information networks, while safeguarding the protection of personal data in all fields where data exchange is required;










(e)


exchange of information and good practices regarding the digitalisation of State procedures related to the provision of services to citizens;










(f)


transfer of specialised knowledge;










(g)


preliminary studies and joint execution of projects involving proportionate financial contribution;










(h)


development of action plans including focal points, timetables and assessment mechanisms;










(i)


contribution to the generation of capabilities, competences and skills in the field of public innovation.






2.   The Parties, by mutual agreement, may add other areas of action to those referred to in paragraph 1.






PART III



TRADE AND TRADE RELATED MATTERS




CHAPTER 8



GENERAL AND INSTITUTIONAL PROVISIONS




SECTION A




General Provisions




Article 8.1

Establishment of a free trade area

The Parties hereby establish a free trade area, in conformity with Article XXIV of GATT 1994 and Article V of GATS.


Article 8.2

Objectives

The objectives of this Part of this Agreement are:






(a)


the expansion and the diversification of trade in goods, in conformity with Article XXIV of GATT 1994, between the Parties through the reduction or elimination of tariff and non-tariff barriers to trade;










(b)


the facilitation of trade in goods, in particular through the provisions regarding customs and trade facilitation, standards, technical regulations, conformity assessment procedures, and sanitary and phytosanitary measures, while preserving the right of each Party to regulate to achieve public policy objectives;










(c)


the liberalisation of trade in services, in conformity with Article V of GATS;










(d)


the development of an economic climate which is conducive to increased investment flows, the improvement of the conditions of establishment on the basis of the principle of non-discrimination while preserving the right of each Party to adopt and enforce measures necessary to pursue legitimate policy objectives;










(e)


the facilitation of trade and investment between the Parties, including through the free transfer of current payments and capital movements;










(f)


the development of an environment favourable to investment by providing transparent, stable and predictable rules that guarantee fair treatment to investors and the establishment of a court system to solve investor-state disputes in an effective, fair and predictable manner;










(g)


the effective and reciprocal opening of public procurement markets of the Parties;










(h)


the promotion of innovation and creativity by ensuring the adequate and effective protection of intellectual property rights in accordance with the international obligations applicable between the Parties;










(i)


the promotion of conditions fostering undistorted competition, in particular with regard to trade and investment between the Parties;










(j)


the development of international trade in a manner that contributes to sustainable development in its economic, social and environmental dimensions; and










(k)


the establishment of an effective, fair and predictable dispute settlement mechanism to resolve disputes regarding the interpretation and application of this Part of this Agreement.






Article 8.3

Definitions of general application

For the purposes of this Part of this Agreement, Annexes 9, 10-A to 10-E, 13-A to 13-H, 15-A, 15-B, 16-A, 16-B, 16-C, 17-A to 17-I, 19-A, 19-B, 19-C, 21-A, 21-B, 25, 28-A, 28-B, 29, 32-A, 32-B, 32-C, 38-A and 38-B and the Protocols to this Agreement:






(a)


‘Agreement on Agriculture’ means the Agreement on Agriculture in Annex 1A to the WTO Agreement;










(b)


‘Anti-Dumping Agreement’ means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade in Annex 1A to the WTO Agreement;










(c)


‘customs duty’ means any duty or charge of any kind imposed on or in connection with the importation of a good, not including any:






(i)


charge equivalent to an internal tax imposed in accordance with Article 9.4 of this Agreement;










(ii)


anti-dumping, special safeguard, countervailing or safeguard duty applied in conformity with GATT 1994, the Anti-Dumping Agreement, the Agreement on Agriculture, the SCM Agreement and the Safeguards Agreement, as appropriate; and










(iii)


fee or other charge imposed on or in connection with the importation that is limited in amount to the approximate cost of services rendered;














(d)


‘CPC’ means the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);










(e)


‘days’ means calendar days, including weekends and holidays;










(f)


‘existing’ means in effect on the date of entry into force of this Agreement;










(g)


‘GATS’ means the General Agreement on Trade in Services in Annex 1B to the WTO Agreement;










(h)


‘GATT 1994’ means the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;










(i)


‘good of a Party’ means a domestic good as that is understood in GATT 1994, and includes originating goods of that Party;










(j)


‘Harmonized System’ or ‘HS’ means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes and Subheading Notes, developed by the World Customs Organization;










(k)


‘heading’ means the first four digits in the tariff classification number under the Harmonized System;










(l)


‘juridical person’ means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately owned or publicly owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;










(m)


‘measure’ means any measure in the form of a law, regulation, rule, procedure, decision, administrative action, requirement, practice or any other form;










(n)


‘measure of a Party’ means any measure adopted or maintained by (2):






(i)


governments and authorities at all levels;










(ii)


non-governmental bodies in the exercise of powers delegated by governments or authorities at all levels (3); or










(iii)


any entity which is in fact acting on the instructions of or under the direction or the control of a Party with regard to the measure (4);














(o)


‘natural person’ means:






(i)


for the EU Party, a national of a Member State, according to its law (5); and










(ii)


for Chile, a national of Chile, according to its law;














(p)


‘originating good’ means a good qualifying under the rules of origin set out in Chapter 10;










(q)


‘person’ means a natural person or a juridical person;










(r)


‘personal data’ means any information relating to an identified or identifiable natural person;










(s)


‘Safeguards Agreement’ means the Agreement on Safeguards in Annex 1A to the WTO Agreement;










(t)


‘sanitary or phytosanitary measure’ means any measure referred to in paragraph 1 of Annex A to the SPS Agreement;










(u)


‘SCM Agreement’ means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;










(v)


‘SPS Agreement’ means the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the WTO Agreement;










(w)


‘TBT Agreement’ means the Agreement on Technical Barriers to Trade in Annex 1 to the WTO Agreement;










(x)


‘TRIPS Agreement’ means the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement; and










(y)


‘WTO Agreement’ means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994.






Article 8.4

Relation to the WTO Agreement and other existing agreements falling within the scope of this Part of this Agreement


1.   The Parties affirm their rights and obligations with respect to each other under the WTO Agreement and other existing agreements falling within the scope of this Part of this Agreement to which they are party.


2.   Nothing in this Agreement shall be construed as requiring either Party to act in a manner which is inconsistent with its obligations under the WTO Agreement.


3.   In the event of any inconsistency between this Agreement and any existing agreement other than the WTO Agreement to which both Parties are party and which falls within the scope of this Part of this Agreement, the Parties shall immediately consult with each other with a view to finding a mutually satisfactory solution.





SECTION B




Institutional Provisions




Article 8.5

Specific functions of the Joint Council acting in trade configuration


1.   When the Joint Council established pursuant to Article 40.1 addresses issues related to this Part of this Agreement (6), it may:






(a)


adopt decisions to amend:






(i)


the tariff schedules in Appendices 9-1 and 9-2 in order to accelerate tariff dismantling;










(ii)


Chapter 10 and Annexes 10-A to 10-E;










(iii)


Annexes 13-F and 13-G, and Appendix 13-E-1;










(iv)


Annexes 16-A, 16-D, 16-E, and paragraph 1 of Annex 16-B;










(v)


Annex 21-B;










(vi)


Annex 29;










(vii)


the definition of ‘subsidy’ in Article 31.2(1) insofar as it relates to enterprises supplying services, with a view to incorporating the outcome of future discussions in the WTO or related plurilateral fora on that matter;










(viii)


Annex 32-A as regards the references to the law applicable in the Parties;










(ix)


Annex 32-B as regards the criteria to be included in the opposition procedure;










(x)


Annex 32-C as regards the geographical indications;










(xi)


Annexes 38-A and 38-B; and










(xii)


any other provision, annex, appendix or protocol, the amendment of which is provided for in this Part of this Agreement;














(b)


adopt decisions to issue interpretations of the provisions of this Part of this Agreement, which shall be binding on the Parties and all bodies established under this Part of this Agreement and the panels referred to in Chapters 33 and 38;










(c)


establish additional Sub-Committees and other bodies responsible for matters falling within the scope of this Part of this Agreement pursuant to Article 40.3(3); and










(d)


if it deems it appropriate, establish the rules of procedure of the Sub-Committees and other bodies established pursuant to Article 8.8 and subparagraph (c) of this paragraph.






2.   The agenda of a meeting of the Joint Council acting in trade configuration shall be established by the coordinators for this Part of this Agreement, pursuant to Article 8.7(2).



Article 8.6

Specific functions of the Joint Committee acting in trade configuration


1.   When the Joint Committee established pursuant to Article 40.2 addresses issues related to this Part of this Agreement (7), it shall:






(a)


assist the Joint Council in the performance of its functions regarding trade and investment matters;










(b)


be responsible for the proper implementation of this Part of this Agreement; in this respect, and without prejudice to the rights established under Chapter 38, a Party may refer for discussion within the Joint Committee any issue relating to the application or interpretation of this Part of this Agreement;










(c)


oversee the further elaboration of the provisions of this Part of this Agreement as necessary and evaluate the results obtained from its application;










(d)


seek appropriate ways of preventing and solving problems, which might otherwise arise in areas covered by this Part of this Agreement;










(e)


supervise the work of all Sub-Committees established under Article 8.8 and Sub-Committees established under Article 40.3(3) performing tasks specific to this Part of this Agreement; and










(f)


examine any effect on this Part of this Agreement of the accession of a new Member State to the European Union.






2.   The Joint Committee acting in trade configuration may:






(a)


establish additional Sub-Committees and other bodies responsible for matters falling within the scope of this Part of this Agreement pursuant to Article 40.3(3);










(b)


adopt decisions to amend this Part of this Agreement pursuant to subparagraph (a) of Article 8.5(1) and to issue the interpretations referred to in subparagraph (b) of Article 8.5(1) in between meetings of the Joint Council, when the Joint Council cannot meet or as otherwise provided for in this Agreement; and










(c)


establish the rules of procedure of the Sub-Committees and other bodies, if it deems it appropriate, established pursuant to Article 8.8 and subparagraph (a) of this paragraph.






3.   The agenda of a meeting of the Joint Committee acting in trade configuration shall be established by the coordinators for this Part of this Agreement, pursuant to Article 8.7(2).



Article 8.7

Coordinators for this Part of this Agreement


1.   Each Party shall appoint a coordinator for this Part of this Agreement, within 60 days of the date of entry into force of this Agreement, and notify the other Party of the contact details of that coordinator.


2.   The coordinators shall jointly establish the agenda and conduct all other necessary preparations for the meetings of the Joint Council, the Joint Committee, and the Sub-Committees and other bodies established pursuant to Article 8.8 or established under Article 40.3(3) performing tasks specific to this Part of this Agreement. The coordinators shall follow-up on the decisions of the Joint Council and the Joint Committee, acting in trade configuration, and on the decisions of the Sub-Committees in the cases provided for in Articles 17.39 and 25.20, as appropriate.



Article 8.8

Sub-Committees and other bodies specific to this Part of this Agreement


1.   The Parties hereby establish the following Sub-Committees:






(a)


the Sub-Committee on Anti-Corruption on Trade and Investment;










(b)


the Sub-Committee on Customs, Trade Facilitation and Rules of Origin;










(c)


the Sub-Committee on Financial Services;










(d)


the Sub-Committee on Intellectual Property;










(e)


the Sub-Committee on Public Procurement;










(f)


the Sub-Committee on Sanitary and Phytosanitary Measures;










(g)


the Sub-Committee on Services and Investment;










(h)


the Sub-Committee on Sustainable Food Systems;










(i)


the Sub-Committee on Technical Barriers to Trade;










(j)


the Sub-Committee on Trade in Goods; and










(k)


the Sub-Committee on Trade and Sustainable Development.






2.   The agenda of a meeting of the Sub-Committees and other bodies responsible for matters falling within the scope of this Part of this Agreement shall be established by the coordinators for this Part of this Agreement, pursuant to Article 8.7(2).






CHAPTER 9



TRADE IN GOODS



Article 9.1

Objective

The Parties shall progressively and reciprocally liberalise trade in goods in accordance with this Part of this Agreement.


Article 9.2

Scope

Except as otherwise provided for in this Part of this Agreement, this Chapter applies to trade in goods of a Party.


Article 9.3

Definitions

For the purposes of this Chapter and Annex 9:






(a)


‘Agreement on Import Licensing Procedures’ means the Agreement on Import Licensing Procedures in Annex 1A to the WTO Agreement;










(b)


‘consular transactions’ means the procedure for obtaining from a consul of the importing Party in the territory of the exporting Party, or in the territory of a third country, a consular invoice or a consular visa for a commercial invoice, certificate of origin, manifest, shipper's export declaration or any other customs documentation in connection with the importation of a good;










(c)


‘Customs Valuation Agreement’ means the Agreement on Implementation of Article VII of GATT 1994 in Annex 1A to the WTO Agreement;










(d)


‘export licensing procedure’ means an administrative procedure requiring the submission of an application or other documentation other than that generally required for customs clearance purposes, to the relevant administrative body or bodies as a prior condition for exportation from the territory of the exporting Party;










(e)


‘import licensing procedure’ means an administrative procedure requiring the submission of an application or other documentation, other than that generally required for customs clearance purposes, to the relevant administrative body or bodies as a prior condition for importation into the territory of the importing Party;










(f)


‘remanufactured good’ means a good classified in HS Chapters 84 to 90 or under heading 94.02, except for a good classified under HS headings 84.18, 85.09, 85.10, 85.16 and 87.03 or subheadings 8414.51, 8450.11, 8450.12, 8508.1 and 8517.11, that:






(i)


is entirely or partially comprised of parts obtained from goods that have been used;










(ii)


has a similar performance and working condition compared to an equivalent good in new condition; and










(iii)


is given the same warranty as an equivalent good in new condition;














(g)


‘repair’ means any processing operation undertaken on a good to remedy operating defects or material damage and entailing the re-establishment of the good to its original function, or to ensure compliance with technical requirements for its use, without which the good could no longer be used in the normal way for the purposes for which it was intended; repair of a good includes restoration and maintenance, but does not include an operation or process that:






(i)


destroys the essential characteristics of a good, or creates a new or commercially different good;










(ii)


transforms an unfinished good into a finished good; or










(iii)


is used to improve or upgrade the technical performance of a good;














(h)


‘staging category’ means the timeframe for the elimination of customs duties ranging from zero to seven years, after which a good is free of customs duty, unless otherwise specified in the schedules in Annex 9.






Article 9.4

National treatment on internal taxation and regulation

Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of GATT 1994, including its Notes and Supplementary Provisions. To that end, Article III of GATT 1994 and its Notes and Supplementary Provisions are incorporated into and made part of this Agreement, mutatis mutandis.


Article 9.5

Reduction or elimination of customs duties


1.   Unless otherwise provided for in this Agreement, each Party shall reduce or eliminate customs duties on goods originating in the other Party in accordance with its schedule in Annex 9.


2.   For the purposes of paragraph 1, the base rate of customs duties shall be the one specified for each good in the schedules in Annex 9.


3.   If a Party reduces its applied most-favoured-nation customs duty rate (‘MFN rate’), the schedule in Annex 9 of that Party shall apply to the reduced rates. If a Party lowers its applied MFN rate to a level below the base rate in relation to a particular tariff line, that Party shall calculate the preferential applicable rate effecting the tariff reduction on the lowered applied MFN rate, maintaining the relative margin of preference for that particular tariff line for as long as the applied MFN rate is lower than the base rate. The relative margin of preference for any given tariff line in each staging period corresponds to the difference between the base rate set out in the schedule in Annex 9 of that Party and the applied duty rate for that tariff line in accordance with that schedule, divided by that base rate, and expressed in percentage terms.


4.   On request of a Party, the Parties shall consult each other in order to consider accelerating the reduction or elimination of customs duties set out in the schedules in Annex 9. Having regard to such consultation, the Joint Council may adopt a decision to amend Annex 9 to accelerate that tariff reduction or elimination.



Article 9.6

Standstill


1.   Unless otherwise provided for in this Part of this Agreement, a Party shall not increase any customs duty that is set as the base rate in Annex 9 or adopt any new customs duty on a good originating in the other Party.


2.   For greater certainty, a Party may increase a customs duty to the level set out in Annex 9 for the respective staging period following a unilateral reduction.



Article 9.7

Export duties, taxes and other charges


1.   A Party shall not introduce or maintain any duty, tax or other charge of any kind imposed on, or in connection with, the exportation of a good to the other Party, or any internal tax or other charge on a good exported to the other Party that is in excess of the tax or charge that would be imposed on like goods when destined for domestic consumption.


2.   Nothing in this Article shall prevent a Party from imposing on the exportation of a good a fee or charge that is permitted pursuant to Article 9.8.



Article 9.8

Fees and formalities


1.   Fees and other charges imposed by a Party on, or in connection with, the importation or exportation of a good of the other Party shall be limited in amount to the approximate cost of the services rendered, and shall not represent an indirect protection of domestic goods or taxation of imports or exports for fiscal purposes.


2.   A Party shall not levy fees or other charges on, or in connection with, importation or exportation on an ad valorem basis.


3.   Each Party may impose charges or recover costs only where specific services are rendered, including the following:






(a)


attendance, where requested, by customs staff outside official office hours or at premises other than customs premises;










(b)


analyses or expert reports on goods and postal fees for the return of goods to an applicant, in particular in respect of decisions relating to binding information or the provision of information concerning the application of customs legislation;










(c)


the examination or sampling of goods for verification purposes, or the destruction of goods, where costs other than the cost of using customs staff are involved; or










(d)


exceptional control measures, where such measures are necessary due to the nature of the goods or a potential risk.






4.   Each Party shall promptly publish all fees and charges that it imposes in connection with importation or exportation in such a manner as to enable governments, traders and other interested parties to become acquainted with them.


5.   A Party shall not require consular transactions, including related fees and charges, in connection with the importation of any good of the other Party.



Article 9.9

Repaired goods


1.   A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters its customs territory after that good has been temporarily exported from its customs territory to the customs territory of the other Party for repair.


2.   Paragraph 1 does not apply to a good imported in bond, into free-trade zones, or in a similar status, that is then exported for repair and is not re-imported in bond, into free-trade zones, or in a similar status.


3.   A Party shall not apply a customs duty to a good, regardless of its origin, imported temporarily from the customs territory of the other Party for repair (8).



Article 9.10

Remanufactured goods


1.   Unless otherwise provided for in this Part of this Agreement, a Party shall not accord to remanufactured goods of the other Party treatment that is less favourable than that which it accords to like goods in new condition.


2.   For greater certainty, Article 9.11 applies to import and export prohibitions or restrictions on remanufactured goods. If a Party adopts or maintains import and export prohibitions or restrictions on used goods, it shall not apply those measures to remanufactured goods.


3.   A Party may require that remanufactured goods be identified as such for distribution or sale in its territory and that such goods meet all applicable technical requirements that apply to like goods in new condition.



Article 9.11

Import and export restrictions

Article XI of GATT 1994 and its Notes and Supplementary Provisions are incorporated into and made part of this Part of this Agreement, mutatis mutandis. Accordingly, a Party shall not adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994, including its Notes and Supplementary Provisions.


Article 9.12

Origin marking

If Chile applies mandatory country-of-origin marking requirements to goods of the EU Party, the Joint Committee may decide that goods marked ‘Made in EU’, or bearing a similar marking in the local language, fulfil such requirements upon importation into Chile. This Article does not affect either Party's right to specify the type of products for which country-of-origin marking requirements are mandatory. Chapter 10 does not apply to this Article.


Article 9.13

Import licensing procedures


1.   Each Party shall ensure that all import licensing procedures applicable to trade in goods between the Parties are neutral in application and are administered in a fair, equitable, non-discriminatory and transparent manner.


2.   A Party shall only adopt or maintain import licensing procedures as a condition for importation into its territory from the territory of the other Party if no other appropriate procedure to achieve an administrative purpose is reasonably available.


3.   A Party shall not adopt or maintain any non-automatic import licensing procedure as a condition for importation into its territory from the territory of the other Party unless it is necessary to implement a measure that is consistent with this Part of this Agreement. A Party adopting such a non-automatic import licensing procedure shall indicate clearly to the other Party the measure being implemented through that procedure.


4.   Each Party shall adopt and administer any import licensing procedures in accordance with Articles 1, 2 and 3 of the Agreement on Import Licensing Procedures. To that end, Articles 1, 2 and 3 of that Agreement are incorporated into and made part of this Agreement, mutatis mutandis.


5.   A Party that adopts new import licensing procedures, or modifies existing import licensing procedures, shall notify the other Party within 60 days of the date of publication of such new import licensing procedures or modifications of existing import licensing procedures. The notification shall include the information specified in paragraph 3 of this Article and in Article 5(2) of the Agreement on Import Licensing Procedures. A Party shall be deemed to be in compliance with this provision if it has notified the relevant new import licensing procedure, or any modifications to existing import licensing procedures, to the Committee on Import Licensing established in accordance with Article 4 of the Agreement on Import Licensing Procedures, including the information specified in Article 5(2) of that Agreement.


6.   On request of a Party, the other Party shall promptly provide any relevant information, including the information specified in Article 5(2) of the Agreement on Import Licensing Procedures, regarding any import licensing procedure that it intends to adopt, has adopted or maintains, or any modification to existing import licensing procedures.



Article 9.14

Export licensing procedures


1.   Each Party shall publish any new export licensing procedure, or any modification to an existing export licensing procedure, in such a manner as to enable governments, traders and other interested parties to become acquainted with them. Such publication shall take place, where practicable, 30 days before the procedure or modification takes effect, and in any event no later than the date on which such procedure or modification takes effect.


2.   Each Party shall ensure that the publication of export licensing procedures includes the following information:






(a)


the texts of its export licensing procedures, or of any modifications that it makes to those procedures;










(b)


the goods subject to each export licensing procedure;










(c)


for each export licensing procedure, a description of the process for applying for an export licence and any criteria that an applicant must fulfil in order to be eligible to apply for an export licence, such as possessing an activity licence, establishing or maintaining an investment, or operating through a particular form of establishment in a Party's territory;










(d)


one or more contact points from which interested persons can obtain further information on the conditions for obtaining an export licence;










(e)


the administrative body or bodies to which an application or other relevant documentation must be submitted;










(f)


a description of any measure or measures that the export licensing procedure is designed to implement;










(g)


the period during which each export licensing procedure will be in effect, unless the procedure remains in effect until withdrawn or revised in a new publication;










(h)


if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity and, if applicable, the value of the quota and the opening and closing dates of the quota; and










(i)


any exemptions or exceptions that replace the requirement to obtain an export licence, information on how to request or use those exemptions or exceptions, and the criteria for granting them.






3.   Within 30 days of the date of entry into force of this Agreement, each Party shall notify the other Party of its existing export licensing procedures. A Party that adopts new export licensing procedures, or modifies existing export licensing procedures, shall notify the other Party within 60 days of the date of publication of those new export licensing procedures or modifications to existing export licensing procedures. The notification shall include the reference to the source or sources where the information required pursuant to paragraph 2 is published and include, where appropriate, the address of the relevant government website or websites.


4.   For greater certainty, nothing in this Article shall be construed as requiring a Party to grant an export licence or preventing a Party from implementing its obligations or commitments under United Nations Security Council Resolutions, or under multilateral non-proliferation regimes and export control arrangements.



Article 9.15

Customs valuation

Each Party shall determine the customs value of goods of the other Party that are imported into its territory in accordance with Article VII of GATT 1994 and the Customs Valuation Agreement. To that end, Article VII of GATT 1994, including its Notes and Supplementary Provisions, and Articles 1 to 17 of the Customs Valuation Agreement, including its Interpretative Notes, are incorporated into and made part of this Agreement, mutatis mutandis.


Article 9.16

Preference utilisation


1.   For the purpose of monitoring the functioning of this Part of this Agreement and calculating preference utilisation rates, the Parties shall annually exchange import statistics for a period starting one year after the entry into force of this Agreement and expiring 10 years after the tariff elimination is completed for all goods according to the schedules in Annex 9. Unless the Joint Committee decides otherwise, that period shall be automatically extended for five years. The Joint Committee may decide to extend it further.


2.   The exchange of import statistics referred to in paragraph 1 shall cover data pertaining to the most recent year available, including value and, where applicable, volume, at the tariff line level for imports of goods of the other Party benefitting from preferential duty treatment under this Part of this Agreement and for imports of those goods that received non-preferential treatment.



Article 9.17

Specific measures concerning the management of preferential treatment


1.   The Parties shall cooperate in preventing, detecting and combating breaches of customs legislation related to the preferential treatment granted under this Chapter, in accordance with their obligations under Chapter 10 and the Protocol to this Agreement on Mutual Administrative Assistance in Customs Matters.


2.   A Party may, in accordance with the procedure laid down in paragraph 3, temporarily suspend the relevant preferential treatment of the goods concerned when that Party has made a finding, based on objective, compelling and verifiable information, that the other Party has committed large-scale systematic breaches of customs legislation in order to obtain the preferential treatment granted under this Chapter, and has made a finding of:






(a)


a systematic lack or inadequacy of action by the other Party in verifying the originating status of goods and the fulfilment of the other requirements of the Protocol to this Agreement on Mutual Administrative Assistance in Customs Matters, when identifying or preventing contravention of the rules of origin;










(b)


a systematic refusal by the other Party to carry out subsequent verification of the proof of origin on request of the Party, or to communicate its results in time, or undue delay in carrying out such verification or communication; or










(c)


a systematic refusal or failure by the other Party to cooperate or assist in compliance with its obligations under the Protocol to this Agreement on Mutual Administrative Assistance in Customs Matters in relation to the preferential treatment.






3.   The Party which has made a finding as referred to in paragraph 2 shall, without undue delay, notify the Joint Committee thereof and enter into consultations with the other Party within the Joint Committee with a view to reaching a solution acceptable to both Parties.
If the Parties fail to agree on a mutually acceptable solution within three months of the date of notification, the Party which has made the finding may decide to temporarily suspend the relevant preferential treatment of the goods concerned. That Party shall notify the temporary suspension to the Joint Committee without undue delay.
Temporary suspensions shall apply only for the period necessary to protect the financial interests of the Party concerned, and for no longer than six months. However, where the conditions that gave rise to the initial suspension persist at the expiry of the six-month period, the Party concerned may decide to renew the suspension. Any temporary suspension shall be subject to periodic consultations within the Joint Committee.


4.   Each Party shall publish, in accordance with its internal procedures, notices to importers about any notification or decision concerning temporary suspensions as referred to in paragraph 3.



Article 9.18

Sub-Committee on Trade in Goods

The Sub-Committee on Trade in Goods established pursuant to Article 8.8(1) shall:






(a)


monitor the implementation and administration of this Chapter and Annex 9;










(b)


promote trade in goods between the Parties, including through consultations on improving market-access tariff treatment pursuant to Article 9.5(4) and other issues, as appropriate;










(c)


provide a forum to discuss and resolve any issues related to this Chapter;










(d)


promptly address barriers to trade in goods between the Parties, especially those related to the application of non-tariff measures, and, if appropriate, refer such matters to the Joint Committee for its consideration;










(e)


recommend to the Parties any modification or addition to this Chapter;










(f)


coordinate the exchange of data for preference utilisation or of any other information on trade in goods between the Parties;










(g)


review any future amendments to the Harmonized System to ensure that each Party's obligations under this Part of this Agreement are not altered, and consult to resolve any related conflict;










(h)


perform the functions set out in Article 15.17.








CHAPTER 10



RULES OF ORIGIN AND ORIGIN PROCEDURES




SECTION A




Rules of Origin




Article 10.1

Definitions

For the purposes of this Chapter and Annexes 10-A to 10-E:






(a)


‘classification’ means the classification of a product or material under a particular chapter, heading or sub-heading of the Harmonized System;










(b)


‘consignment’ means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;










(c)


‘customs authority’ means:






(i)


for Chile, the National Customs Service; and










(ii)


for the EU Party, the services of the European Commission responsible for customs matters and the customs administrations and any other authorities of the Member States responsible for the application and enforcement of customs law;














(d)


‘exporter’ means a person located in a Party who, in accordance with the laws and regulations of that Party, exports or produces the originating product and makes out a statement on origin;










(e)


‘identical products’ means products which in every respect correspond to those described in the product description; the product description on the commercial document used for making out a statement on origin for multiple shipments must be precise enough to clearly identify that product and also the identical products to be subsequently imported based on that statement;










(f)


‘importer’ means a person who imports the originating product and claims preferential tariff treatment for it;










(g)


‘material’ means any substance used in the production of a product, including any ingredients, raw materials, components or parts;










(h)


‘product’ means the result of production, even if it is intended for later use as a material in the production of another product; and










(i)


‘production’ means any kind of working or processing, including assembly.






Article 10.2

General requirements


1.   For the purposes of applying the preferential tariff treatment by a Party to an originating good of the other Party in accordance with this Part of this Agreement, provided that the product meets all other applicable requirements set out in this Chapter, the following products shall be considered as originating in the other Party:






(a)


products wholly obtained in that Party as provided for in Article 10.4;










(b)


products produced exclusively from materials originating in that Party; and










(c)


products produced in that Party using non-originating materials, provided that they meet the requirements set out in Annex 10-B.






2.   If a product has acquired originating status in accordance with paragraph 1, the non-originating materials used in the production of that product shall not be considered non-originating when that product is incorporated as a material in another product.


3.   The acquisition of originating status shall be fulfilled without interruption in the territory of a Party.



Article 10.3

Cumulation of origin


1.   A product originating in a Party shall be considered as originating in the other Party if used as a material in the production of another product in that other Party, provided that the working and processing carried out goes beyond one or more of the operations referred to in Article 10.6.


2.   Materials classified in Chapter 3 of the Harmonized System originating in the countries referred to in subparagraph (b) of paragraph 4 and used in the production of canned tuna products classified in subheading 1604.14 of the Harmonized System may be considered as originating in a Party provided that the conditions in subparagraphs (a) to (e) of paragraph 3 are fulfilled, and that that Party sends a notification for examination by the Sub-Committee referred to in Article 10.31.


3.   The Joint Committee may decide, following a recommendation by the Sub-Committee referred to in Article 10.31, that certain materials originating in the third countries (9) referred to in paragraph 4 of this Article may be considered as originating in a Party if they are used in the production of a product in that Party provided that:






(a)


each Party has a trade agreement in force that forms a free trade area with that third country, within the meaning of Article XXIV of GATT 1994;










(b)


the origin of the materials referred to in this paragraph is determined in accordance with the rules of origin applicable under:






(i)


the EU Party's trade agreement forming a free trade area with that third country, if the material concerned is used in the production of a product in Chile; and










(ii)


Chile's trade agreement forming a free trade area with that third country, if the material concerned is used in the production of a product in the EU Party;














(c)


an arrangement is in force between that Party and that third country on adequate administrative cooperation ensuring full implementation of this Chapter, including provisions on the use of appropriate documentation on the origin of materials, and that that Party notifies the other Party of that arrangement;










(d)


the production or processing of the materials undertaken in that Party goes beyond one or more of the operations referred to in Article 10.6; and










(e)


the Parties agree on any other applicable conditions.






4.   The third countries referred to in paragraph 3 are:






(a)


the Central American countries of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama; and










(b)


the Andean countries of Colombia, Ecuador and Peru.







Article 10.4

Wholly obtained products


1.   The following products shall be considered as wholly obtained in a Party:






(a)


plants and vegetable products grown or harvested there;










(b)


live animals born and raised there;










(c)


products obtained from live animals raised there;










(d)


products obtained from hunting, trapping, fishing, gathering or capturing there, but not beyond the outer limits of that Party's territorial sea;










(e)


products obtained from slaughtered animals born and raised there;










(f)


products obtained from aquaculture there, if aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, are born or raised from seed stock such as eggs, roes, fry, fingerlings or larvae, by intervention in the rearing or growth processes to enhance production, such as regular stocking, feeding or protection from predators;










(g)


minerals or other naturally occurring substances, not included in subparagraphs (a) to (f), extracted or taken there;










(h)


products of sea fishing and other products taken from the sea outside any territorial sea by a vessel of that Party;










(i)


products made aboard a factory ship of that Party exclusively from products referred to in subparagraph (h);










(j)


products extracted by a Party or a person of that Party from marine soil or subsoil outside any territorial sea provided that they have rights to work that soil or subsoil;










(k)


waste or scrap derived from production there or from used products collected there, provided that those products are fit only for the recovery of raw materials; and










(l)


products produced there exclusively from the products referred to in subparagraphs (a) to (k).






2.   The terms ‘vessel of a Party’ and ‘factory ship of a Party’ in subparagraphs (h) and (i) of paragraph 1 mean a vessel and a factory ship, respectively, which:






(a)


is registered in a Member State or in Chile;










(b)


sails under the flag of a Member State or of Chile; and










(c)


meets one of the following conditions:






(i)


it is more than 50 % owned by natural persons of a Member State or of Chile; or










(ii)


it is owned by a juridical person which:














(A)


has its head office and its main place of business in a Member State or in Chile; and










(B)


is more than 50 % owned by persons of one of those Parties.







Article 10.5

Tolerances


1.   If a non-originating material used in the production of a product does not meet the requirements set out in Annex 10-B, that product shall be considered as originating in a Party, provided that:






(a)


for all products (10) except those classified under Chapters 50 to 63 of the Harmonized System, the total value of non-originating materials does not exceed 10 % of the ex-works price of the product;










(b)


for products classified under Chapters 50 to 63 of the Harmonized System, tolerances apply as stipulated in Notes 6 to 8 of Annex 10-A.






2.   Paragraph 1 does not apply if the value or weight of non-originating materials used in the production of a product exceeds any of the percentages for the maximum value or weight of non-originating materials as specified in the requirements set out in Annex 10-B.


3.   Paragraph 1 does not apply to products wholly obtained in a Party within the meaning of Article 10.4. If it is required pursuant to Annex 10-B that the materials used in the production of a product are wholly obtained, paragraphs 1 and 2 of this Article apply.



Article 10.6

Insufficient working or processing


1.   Notwithstanding subparagraph (c) of Article 10.2(1), a product shall not be considered as originating in a Party if solely one or more of the following operations are carried out on non-originating materials in that Party:






(a)


preserving operations such as drying, freezing, keeping in brine or other similar operations, if the sole purpose is to ensure that the product remains in good condition during transport and storage;










(b)


breaking-up and assembly of packages;










(c)


washing, cleaning, removing dust, oxide, oil, paint or other coverings;










(d)


ironing or pressing of textiles and textile articles;










(e)


simple painting and polishing operations;










(f)


husking and partial or total milling of rice, polishing and glazing of cereals and rice;










(g)


operations to colour or flavour sugar or form sugar lumps, partial or total milling of crystal sugar in solid form;










(h)


peeling, stoning and shelling of fruits, nuts and vegetables;










(i)


sharpening, simple grinding or simple cutting;










(j)


sifting, screening, sorting, classifying, grading or matching;










(k)


simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;










(l)


affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;










(m)


simple mixing of products, whether or not of different kinds, including mixing of sugar with any material;










(n)


simple assembly of parts of articles to constitute a complete article or disassembly of products into parts;










(o)


simple addition of water or dilution or dehydration or denaturation of products; or










(p)


slaughter of animals.






2.   For the purposes of paragraph 1, an operation shall be considered simple if no special skills or machines, or apparatus or equipment specially produced or installed are needed for carrying out that operation.



Article 10.7

Unit of qualification


1.   For the purposes of this Chapter, the unit of qualification shall be the product which is considered as the basic unit when classifying the product under the Harmonized System.


2.   If a consignment consists of a number of identical products classified under the same heading of the Harmonized System, each individual product shall be taken into account when applying this Chapter.



Article 10.8

Accessories, spare parts and tools


1.   Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.


2.   The accessories, spare parts and tools referred to in paragraph 1 shall be disregarded in determining the origin of the product, except for the purposes of calculating the maximum value of non-originating materials, if a product is subject to a maximum value of non-originating materials as set out in Annex 10-B.



Article 10.9

Sets

Sets, as defined in General Rule 3 for the Interpretation of the Harmonized System, shall be regarded as originating in a Party if all their components are originating products. If a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating in a Party, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.


Article 10.10

Neutral elements

In order to determine whether a product qualifies as originating in a Party, it is not necessary to determine the origin of the following elements, which might be used in the production of the product:






(a)


fuel, energy, catalysts and solvents;










(b)


equipment, devices and supplies used for testing or inspecting the products;










(c)


machines tools, dies and moulds;










(d)


spare parts and materials used in the maintenance of equipment and buildings;










(e)


lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings;










(f)


gloves, glasses, footwear, clothing, safety equipment and supplies;










(g)


any other material that is not incorporated into the product but the use of which can be demonstrated to be part of the production of the product.






Article 10.11

Packaging and packing materials and containers


1.   If, under General Rule 5 for the Interpretation of the Harmonized System, packaging materials and containers in which a product is packed for retail sale are classified together with the product, those packaging materials and containers shall be disregarded in determining the origin of the product, except for the purposes of calculating the maximum value of non-originating materials if a product is subject to a maximum value of non-originating materials in accordance with Annex 10-B.


2.   Packing materials and containers that are used to protect a product during transportation shall be disregarded in determining whether a product is originating in a Party.



Article 10.12

Accounting segregation for fungible materials


1.   Fungible originating and non-originating materials shall be physically segregated during storage in order for them to maintain their originating or non-originating status, as the case may be. Those materials may be used in the production of a product without being physically segregated during storage provided that an accounting segregation method is used.


2.   The accounting segregation method referred to in paragraph 1 shall be applied in conformity with a stock management method under accounting principles which are generally accepted in the Party. The accounting segregation method shall ensure that at any time the number of products which could be considered as originating in a Party does not exceed the number that would have been obtained by physical segregation of the stocks during storage.


3.   For the purposes of paragraph 1, ‘fungible materials’ means materials that are of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another once they are incorporated into the finished product.



Article 10.13

Returned products

If a product originating in a Party is exported from that Party to a third country and returns to that Party, it shall be considered as non-originating unless it can be demonstrated to the satisfaction of the customs authority of that Party that the returning product:






(a)


is the same as that exported; and










(b)


has not undergone any operation other than that necessary to preserve it in good condition while in the third country or while being exported.






Article 10.14

Non-alteration


1.   An originating product declared for home use in the importing Party shall not, after exportation and prior to being declared for home use, be altered, transformed in any way or subjected to operations other than to preserve it in good condition or to add or affix marks, labels, seals or any other documentation to ensure compliance with specific domestic requirements of the importing Party.


2.   Storage or exhibition of a product may take place in a third country provided it remains under customs supervision in that third country.


3.   Without prejudice to Section B, the splitting of consignments may take place in the territory of a third country if it is carried out by the exporter or under its responsibility and provided that those consignments remain under customs supervision in the third country.


4.   In the case of doubt as to whether the conditions provided for in paragraphs 1 to 3 have been complied with, the customs authority of the importing Party may request the importer to provide evidence of compliance. Such evidence may be given by any means, including contractual transport documents such as bills of lading or factual or concrete evidence based on marking or numbering of packages, or any evidence related to the product itself.



Article 10.15

Exhibitions


1.   Originating products sent for exhibition in a third country and sold after the exhibition for importation in a Party shall benefit on importation in accordance with this Part of this Agreement provided that it is shown to the satisfaction of the customs authorities that:






(a)


an exporter has consigned those products from a Party to the third country in which the exhibition was held and has exhibited them there;










(b)


the products have been sold or otherwise disposed of by that exporter to a person in a Party;










(c)


the products have been consigned during the exhibition or immediately thereafter in the state to which they were sent for exhibition; and










(d)


the products have not, since their consignment for exhibition, been used for any purpose other than demonstration at the exhibition.






2.   A statement on origin shall be made out in accordance with Section B and submitted to the customs authorities in accordance with the customs procedures of the importing Party. The name and address of the exhibition shall be indicated thereon.


3.   Paragraph 1 applies to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display, which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.


4.   The customs authorities of the importing Party may require evidence that the products have remained under customs control in the country of exhibition, as well as additional documentary evidence of the conditions under which they have been exhibited.





SECTION B




Origin Procedures




Article 10.16

Claim for preferential tariff treatment


1.   The importing Party shall grant preferential tariff treatment to a product originating in the other Party within the meaning of this Chapter on the basis of a claim by the importer for preferential tariff treatment. The importer shall bear the responsibility for the correctness of the claim for preferential tariff treatment and for compliance with the requirements set out in this Chapter.


2.   The claim for preferential tariff treatment shall be based on one of the following:






(a)


a statement on origin made out by the exporter in accordance with Article 10.17;










(b)


the importer's knowledge subject to the conditions set out in Article 10.19.






3.   The claim for preferential tariff treatment and the basis for that claim as referred to in paragraph 2 shall be included in the customs declaration, in accordance with the laws and regulations of the importing Party.


4.   An importer making a claim for preferential treatment based on a statement on origin in accordance with subparagraph (a) of paragraph 2 shall keep the statement and shall present it to the customs authority of the importing Party upon request.



Article 10.17

Statement on origin


1.   An exporter of a product shall make out a statement on origin on the basis of information demonstrating that the product is originating, including, if applicable, information on the originating status of materials used in the production of the product.


2.   The exporter shall be responsible for the correctness of the statement on origin made out and the information provided pursuant to paragraph 1. If the exporter has reason to believe that the statement on origin contains or is based on incorrect information, the exporter shall immediately notify the importer of any change affecting the originating status of the product. In that event, the importer shall correct the import declaration and pay any applicable customs duty owing.


3.   The exporter shall make out a statement on origin in one of the linguistic versions included in Annex 10-C on an invoice or on any other commercial document that describes the originating product in sufficient detail so as to enable its identification in the Harmonized System nomenclature. The importing Party shall not require the importer to submit a translation of the statement on origin.


4.   A statement on origin shall be valid for one year from the date it was made out.


5.   A statement on origin may be made out for:






(a)


a single shipment of one or more products into a Party; or










(b)


multiple shipments of identical products into a Party within the period specified in the statement on origin not exceeding 12 months.






6.   The importing Party shall, on request of the importer and subject to any requirements imposed by the importing Party, allow a single statement on origin to be used for unassembled or disassembled products, within the meaning of General Rule 2(a) of the Harmonized System, classified under Sections XV to XXI of the Harmonized System if imported in instalments.



Article 10.18

Minor discrepancies and minor errors

The customs authority of the importing Party shall not reject a claim for preferential tariff treatment due to minor discrepancies between the statement on origin and the documents submitted to the customs office, or minor errors in the statement on origin.


Article 10.19

Importer's knowledge


1.   The importing Party may, in its laws and regulations, set conditions to determine which importers may base a claim for preferential tariff treatment on the importer's knowledge.


2.   Notwithstanding paragraph 1, the importer's knowledge that a product is originating shall be based on information demonstrating that the product effectively qualifies as originating and meets the requirements set out in this Chapter to obtain originating status.



Article 10.20

Record-keeping requirements


1.   An importer claiming preferential tariff treatment for a product imported into a Party shall:






(a)


if the claim for preferential treatment is based on a statement on origin, keep the statement on origin made out by the exporter for a minimum of three years from the date of the claim of preference of the product; and










(b)


if the claim for preferential treatment is based on the importer's knowledge, keep the information demonstrating that the product meets the requirements set out in this Chapter to obtain originating status for a minimum of three years from the date of the claim for preferential treatment.






2.   An exporter who made out a statement on origin shall, for a minimum of four years following the making out of that statement on origin, keep copies of the statement on origin and all other records demonstrating that the product meets the requirements set out in this Chapter to obtain originating status.


3.   The records to be kept in accordance with this Article may be held in electronic form in accordance with the laws and regulations of the importing or exporting Party, as appropriate.



Article 10.21

Exemptions from the requirements regarding statements on origin


1.   Products sent as packages from private persons to private persons or forming part of the personal luggage of travellers shall be admitted as originating products without a statement on origin being required, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Chapter, and that there is no doubt as to the veracity of that declaration.


2.   Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the goods that no commercial purpose is intended, provided that the importation does not form part of a series of importations that may reasonably be considered to have been made separately for the purpose of avoiding the requirement for an statement on origin.


3.   The total value of the products referred to in paragraph 1 shall not exceed EUR 500 or its equivalent amount in the currency of the Party in the case of packages, or EUR 1 200 or its equivalent amount in the currency of the Party in the case of products forming part of the personal luggage of travellers.



Article 10.22

Verification


1.   The customs authority of the importing Party may verify the originating status of a product or whether the other requirements set out in this Chapter are met on the basis of risk assessment methods, which may include random selection. For the purposes of such verification, the customs authority of the importing Party may send a request for information to the importer who made the claim for preferential treatment pursuant to Article 10.16.


2.   The customs authority of the importing Party sending a request pursuant to paragraph 1 shall not request more than the following information in relation to the origin of a product:






(a)


the statement on origin if the claim for preferential treatment was based on a statement on origin; and










(b)


information pertaining to the fulfilment of origin criteria, which is:






(i)


if the origin criterion is ‘wholly obtained’, the applicable category (such as harvesting, mining, fishing) and place of production;










(ii)


if the origin criterion is based on a change in tariff classification, a list of all the non-originating materials including their tariff classification (in 2-, 4- or 6-digit format, depending on the origin criteria);










(iii)


if the origin criterion is based on a value method, the value of the final product as well as the value of all the non-originating materials used in the production;










(iv)


if the origin criterion is based on weight, the weight of the final product as well as the weight of the relevant non-originating materials used in the final product; and










(v)


if the origin criterion is based on a specific production process, a description of that specific process.










3.   When providing the requested information, the importer may add any other information that it considers relevant for the purposes of verification.


4.   If the claim for preferential tariff treatment is based on a statement on origin in accordance with subparagraph (a) of Article 10.16(2) issued by the exporter, the importer shall provide that statement on origin but may reply to the customs authority of the importing Party indicating that the information referred to in subparagraph (b) of paragraph 2 of this Article cannot be provided.


5.   Where the claim for preferential tariff treatment is based on the importer's knowledge referred to in subparagraph (b) of Article 10.16(2), the customs authority of the importing Party conducting the verification may, after having requested information pursuant to paragraph 1 of this Article, send an additional request for information to the importer if that customs authority considers that additional information is required in order to verify the originating status of the product or whether the other requirements set out in this Chapter are met. The customs authority of the importing Party may request specific documentation and information from the importer, if appropriate.


6.   If the customs authority of the importing Party decides to suspend the granting of preferential tariff treatment to the products concerned while awaiting the results of a verification, it may offer the importer the possibility to release the products. As a condition for such release, the importing Party may require a guarantee or other appropriate precautionary measure. Any suspension of preferential tariff treatment shall be terminated as soon as possible after the customs authority of the importing Party has ascertained the originating status of the products concerned, or that the other requirements set out in this Chapter have been met.



Article 10.23

Administrative cooperation


1.   In order to ensure the proper application of this Chapter, the Parties shall cooperate with each other, through their respective customs authorities, in order to verify the originating status of a product or whether the other requirements set out in this Chapter have been met.


2.   If a claim for preferential tariff treatment is based on a statement on origin in accordance with subparagraph (a) of Article 10.16(2), the customs authority of the importing Party conducting the verification may, after having requested information from the importer pursuant to Article 10.22(1), send a request for information to the customs authority of the exporting Party within a period of two years following the date of the claim for preferential treatment, if the customs authority of the importing Party considers that additional information is needed in order to verify the originating status of the product or whether the other requirements set out in this Chapter have been met. The customs authority of the importing Party may request specific documentation and information from the customs authority of the exporting Party, if appropriate.


3.   The customs authority of the importing Party shall include the following information in the request referred to in paragraph 2:






(a)


the statement on origin or a copy thereof;










(b)


the identity of the customs authority issuing the request;










(c)


the name of the exporter to be verified;










(d)


the subject and scope of the verification; and










(e)


if applicable, any relevant documentation.






4.   The customs authority of the exporting Party may, in accordance with the laws and regulations of that Party, conduct its verification by requesting documentation from the exporter and calling for any evidence, or by visiting the premises of the exporter to review records and observe the facilities used in the production of the product.


5.   Following the request referred to in paragraph 2, the customs authority of the exporting Party shall provide the customs authority of the importing Party with the following information:






(a)


the requested documentation, if available;










(b)


an opinion regarding the originating status of the product;










(c)


the description of the product subject to verification and the tariff classification relevant to the application of the rules of origin;










(d)


a description and explanation of the production process to support the originating status of the product;










(e)


information on the manner in which the verification of the originating status of the product pursuant to paragraph 4 was conducted; and










(f)


supporting documentation, if appropriate.






6.   The customs authority of the exporting Party shall not transmit information to the customs authority of the importing Party referred to in subparagraph (a) or (f) of paragraph 5 without the consent of the exporter.


7.   All the information requested, including any supporting documents and all other related information regarding verification should preferably be exchanged electronically between the customs authorities of the Parties.


8.   The Parties shall, via the coordinators designated in accordance with this Part of this Agreement, provide each other with the contact details of their respective customs authorities and any modification thereto within 30 days of such modification.



Article 10.24

Mutual assistance in the fight against fraud

In case of a suspected breach of this Chapter, the Parties shall provide each other with mutual assistance, in accordance with the Protocol to this Agreement on Mutual Administrative Assistance in Customs Matters.


Article 10.25

Denial of claims for preferential tariff treatment


1.   Subject to the requirements set out in paragraphs 3 to 5, the customs authority of the importing Party may deny a claim for preferential tariff treatment if:






(a)


within a period of three months following the request for information pursuant to Article 10.22(1):






(i)


no reply is provided by the importer;










(ii)


in cases where the claim for preferential tariff treatment is based on a statement on origin in accordance with subparagraph (a) of Article 10.16(2), the statement on origin was not provided; or










(iii)


in cases where the claim for preferential tariff treatment is based on the importer's knowledge as referred to in subparagraph (b) of Article 10.16(2), the information provided by the importer is inadequate to confirm the originating status of the product;














(b)


within a period of three months following the request for additional information pursuant to Article 10.22(5):






(i)


no reply is provided by the importer; or










(ii)


the information provided by the importer is inadequate to confirm that the product is originating;














(c)


within a period of 10 months following the request for information pursuant to of Article 10.23(2):






(i)


no reply is provided by the customs authority of the exporting Party; or










(ii)


the information provided by the customs authority of the exporting Party is inadequate to confirm the originating status of the product.










2.   The customs authority of the importing Party may deny a claim for preferential tariff treatment if the importer which has made that claim fails to comply with requirements set out in this Chapter other than those relating to the originating status of products.


3.   If the customs authority of the importing Party has sufficient justification to deny a claim for preferential tariff treatment in accordance with paragraph 1 of this Article and where the customs authority of the exporting Party has provided an opinion pursuant to subparagraph (b) of Article 10.23(5) confirming the originating status of the products, the customs authority of the importing Party shall notify the customs authority of the exporting Party of its intention to deny the claim for preferential treatment within two months of the receipt of that opinion.


4.   If the notification referred to in paragraph 3 has been made, consultations shall be held on request of either Party, within three months of the date of that notification. The time period for consultation may be extended on a case-by-case basis by mutual agreement between the customs authorities of the Parties. The consultation may take place in line with the procedure set by the Sub-Committee referred to in Article 10.31.


5.   Upon the expiry of the time period for consultation, the customs authority of the importing Party shall deny the claim for preferential tariff treatment only if it is not able to confirm the originating status of the product and after having granted the importer the right to be heard.



Article 10.26

Confidentiality


1.   Each Party shall maintain, in accordance with its laws and regulations, the confidentiality of information provided to it by the other Party pursuant to this Chapter, and shall protect that information from disclosure.


2.   Information obtained by the authorities of the importing Party shall only be used by those authorities for the purposes of this Chapter.


3.   Each Party shall ensure that confidential information collected pursuant to this Chapter is not used for purposes other than the administration and enforcement of decisions and determinations relating to the origin of products and customs matters, except with the permission of the person or Party who provided the confidential information.


4.   Notwithstanding paragraph 3, a Party may allow information collected pursuant to this Chapter to be used in any administrative, judicial or quasi-judicial proceedings initiated for failure to comply with customs-related laws and regulations implementing this Chapter. A Party shall notify the person or Party that provided the information concerned of any such use in advance.



Article 10.27

Refunds and claims for preferential tariff treatment after importation


1.   Each Party shall provide that an importer may make, after importation, a claim for preferential tariff treatment and for a refund of any excess duties paid for a product if:






(a)


the importer did not make a claim for preferential tariff treatment at the time of importation;










(b)


the claim is made no later than two years after the date of importation; and










(c)


the product concerned was eligible for preferential tariff treatment when it was imported into the territory of the Party.






2.   As a condition for preferential tariff treatment on the basis of a claim made pursuant to paragraph 1, the importing Party may require that the importer:






(a)


makes a claim for preferential tariff treatment in accordance with the laws and regulations of the importing Party;










(b)


provides the statement on origin, as appropriate; and










(c)


satisfies all other applicable requirements set out in this Chapter in the same manner as if preferential tariff treatment had been claimed at the time of importation.







Article 10.28

Administrative measures and sanctions


1.   A Party shall impose administrative measures and sanctions where appropriate, in accordance with its respective laws and regulations, on a person that draws up a document, or causes a document to be drawn up, which contains incorrect information for the purposes of obtaining preferential tariff treatment for a product, or that does not comply with the requirements set out in:






(a)


Article 10.20;










(b)


Article 10.23(4) by not providing evidence or refusing a visit; or










(c)


Article 10.17(2) by not correcting a claim for preferential tariff treatment made in the customs declaration and paying the custom duty as appropriate, if the initial claim for preference was based on incorrect information.






2.   The Party shall take into account paragraph 3.6 of Article 6 of the Agreement on Trade Facilitation in Annex 1A to the WTO Agreement in cases where an importer voluntarily discloses a correction to a claim for preferential treatment prior to receiving a verification request, in accordance with the laws and regulations of that Party.





SECTION C




Final Provisions




Article 10.29

Ceuta and Melilla


1.   For the purposes of this Chapter, for the EU Party, the term ‘Party’ does not include Ceuta and Melilla.


2.   Products originating in Chile shall, when imported into Ceuta and Melilla, in all respects be granted the same customs treatment under this Part of this Agreement as that which is granted to products originating in the customs territory of the European Union under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Union. Chile shall grant to imports of products covered by this Part of this Agreement and originating in Ceuta and Melilla the same customs treatment as that which is granted to products imported from and originating in the EU Party.


3.   The rules of origin and origin procedures under this Chapter apply mutatis mutandis to products exported from Chile to Ceuta and Melilla and to products exported from Ceuta and Melilla to Chile.


4.   Ceuta and Melilla shall be considered as a single territory.


5.   Article 10.3 applies to import and exports of products between the EU Party, Chile and Ceuta and Melilla.


6.   The exporter shall enter ‘Chile’ and ‘Ceuta and Melilla’ in field 3 of the text of the statement on origin in Annex 10-C, depending on the origin of the product.


7.   The customs authority of the Kingdom of Spain shall be responsible for the application of this Article in Ceuta and Melilla.



Article 10.30

Amendments

The Joint Council may adopt decisions to amend this Chapter and Annexes 10-A to 10-E, pursuant to subparagraph (a) of Article 8.5(1).


Article 10.31

Sub-Committee on Customs, Trade Facilitation and Rules of Origin


1.   The Sub-Committee on Customs, Trade Facilitation and Rules of Origin (‘Sub-Committee’), established pursuant to Article 8.8(1), shall be composed of representatives of the Parties with responsibility for customs.


2.   The Sub-Committee shall be responsible for the effective implementation and application of this Chapter.


3.   For the purposes of this Chapter, the Sub-Committee shall have the following functions:






(a)


reviewing and making appropriate recommendations, as necessary, to the Joint Committee on:






(i)


the implementation and application of this Chapter; and










(ii)


any amendments to this Chapter and Annexes 10-A to 10-E proposed by a Party;














(b)


making suggestions to the Joint Committee concerning the adoption of explanatory notes to facilitate the implementation of this Chapter; and










(c)


considering any other matter related to this Chapter as agreed by the Parties.







Article 10.32

Products in transit or storage

The Parties may apply this Part of this Agreement to products which comply with this Chapter and which, on the date of entry into force of this Agreement, are in transit or are in temporary storage in bonded warehouse or in free zones in the EU Party or in Chile, subject to the submission of a statement on origin to the customs authorities of the importing Party.


Article 10.33

Explanatory notes

Explanatory notes regarding the interpretation, application and administration of this Chapter are set out in Annex 10-E.





CHAPTER 11



CUSTOMS AND TRADE FACILITATION



Article 11.1

Objectives


1.   The Parties recognise the importance of customs and trade facilitation in the evolving global trading environment.


2.   The Parties recognise that international trade and customs instruments and standards are the basis for import, export and transit requirements and procedures.


3.   The Parties recognise that customs laws and regulations shall be non-discriminatory and that customs procedures shall be based upon the use of modern methods and effective controls to combat fraud, protect consumer health and safety and promote legitimate trade. Each Party should periodically review its customs laws, regulations and procedures. The Parties also recognise that their customs procedures shall be no more administratively burdensome or trade restrictive than necessary to achieve legitimate objectives and that they shall be applied in a manner that is predictable, consistent and transparent.


4.   The Parties agree to reinforce their cooperation with a view to ensuring that the relevant customs laws, regulations and procedures, as well as the administrative capacity of the relevant administrations, fulfil the objectives of promoting trade facilitation while ensuring effective customs control.



Article 11.2

Definitions

For the purposes of this Chapter ‘customs authority’ means:






(a)


for Chile, the Servicio Nacional de Aduanas (National Customs Service), or its successor; and










(b)


for the EU Party, those services of the European Commission responsible for customs matters and the customs administrations and any other authorities in the Member States responsible for the application and enforcement of customs laws and regulations.






Article 11.3

Customs cooperation


1.   The Parties shall cooperate on customs matters between their respective customs authorities in order to ensure that the objectives set out in Article 11.1 are attained.


2.   The Parties shall develop cooperation, including by:






(a)


exchanging information concerning customs laws and regulations and their implementation, and customs procedures, particularly in the following areas:






(i)


simplification and modernisation of customs procedures;










(ii)


enforcement of intellectual property rights by the customs authorities;










(iii)


facilitation of transit movements and transhipment;










(iv)


relations with the business community; and










(v)


supply chain security and risk management;














(b)


working together on the customs-related aspects of securing and facilitating international trade supply chains in accordance with the SAFE Framework of Standards to Secure and Facilitate Global Trade of the World Customs Organization (hereinafter referred to as ‘WCO’) adopted in June 2005;










(c)


considering the development of joint initiatives relating to import, export and other customs procedures, including the exchange of best practices and technical assistance, and ensuring the provision of an effective service to the business community; such cooperation may include exchanges on customs laboratories, the training of customs officers and on new technologies for customs controls and procedures;










(d)


strengthening their cooperation in the field of customs in international organisations such as the WTO and the WCO;










(e)


establishing, if relevant and appropriate, the mutual recognition of authorised economic operator programmes, including equivalent trade facilitation measures;










(f)


carrying out exchanges on risk-management techniques, risk standards and security controls, in order to establish, to the extent practicable, minimum standards for risk-management techniques and related requirements and programmes;










(g)


endeavouring to harmonise their data requirements for import, export and other customs procedures, by implementing common standards and data elements in accordance with the WCO Data Model;










(h)


sharing their respective experiences in developing and deploying their single window systems, and, if appropriate, developing common sets of data elements for those systems;










(i)


maintaining a dialogue between their respective policy experts to promote the utility, efficiency, and applicability of advance rulings for customs authorities and traders; and










(j)


exchanging, if relevant and appropriate, through a structured and recurrent communication between their customs authorities, certain categories of customs-related information for specific purposes, namely improving risk management and the effectiveness of customs controls, targeting goods at risk in terms of revenue collections or safety and security, and facilitating legitimate trade; such exchange shall be without prejudice to exchanges of information that may take place between the Parties in accordance with the Protocol to this Agreement on Mutual Administrative Assistance in Customs Matters.






3.   Any exchange of information between the Parties under this Chapter shall be subject, mutatis mutandis, to the confidentiality of information and personal data protection requirements set out in Article 12 of the Protocol to this Agreement on Mutual Administrative Assistance in Customs Matters, as well as to any confidentiality and privacy requirements set out in the laws and regulations of the Parties.



Article 11.4

Mutual administrative assistance

The Parties shall provide each other with mutual administrative assistance in customs matters in accordance with the Protocol to this Agreement on Mutual Administrative Assistance in Customs Matters.


Article 11.5

Customs laws, regulations and procedures


1.   Each Party shall ensure that its customs laws, regulations and procedures are:






(a)


based upon international instruments and standards in the area of customs and trade, including the International Convention on the Harmonized Commodity Description and Coding System done at Brussels on 14 June 1983, as well as the SAFE Framework of Standards to Secure and Facilitate Global Trade of the WCO and the WCO Data Model, and if applicable, the substantive elements of the Revised Kyoto Convention on the Simplification and Harmonization of Customs Procedures, done at Kyoto on the 18 May 1973 and adopted by the World Customs Organization Council in June 1999;










(b)


based upon the protection and facilitation of legitimate trade through effective enforcement of and compliance with legislative requirements; and










(c)


proportionate and non-discriminatory to avoid unnecessary burdens on economic operators, provide for further facilitation for operators with high levels of compliance, including favourable treatment with respect to customs controls prior to the release of goods, and ensure safeguards against fraud and illicit or damaging activities.






2.   In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability in custom operations, each Party shall:






(a)


simplify and review requirements and formalities, if possible, with a view to the rapid release and clearance of goods;










(b)


work towards the further simplification and standardisation of data and documentation required by customs and other agencies in order to reduce the time and costs burdens for operators, including small and medium-sized enterprises; and










(c)


ensure that the highest standards of integrity be maintained through the application of measures reflecting the principles of the relevant international conventions and instruments in this field.







Article 11.6

Release of goods

Each Party shall ensure that its customs authorities, border agencies or other competent authorities:






(a)


provide for the prompt release of goods within a period no longer than required to ensure compliance with its customs and other trade-related laws and regulations and formalities;










(b)


provide for advance electronic submission and processing of documentation and any other required information prior to the arrival of the goods;










(c)


allow for the release of goods prior to the final determination of customs duties, taxes, fees and charges, subject to the provision of a guarantee, if required by its laws and regulations, in order to secure their final payment; and










(d)


give appropriate priority to perishable goods when scheduling and performing any examinations that may be required.






Article 11.7

Simplified customs procedures

Each Party shall adopt or maintain measures allowing operators that are fulfilling criteria specified in its laws and regulations to benefit from further simplification of customs procedures. Such measures may include customs declarations containing reduced sets of data or supporting documents, or periodical customs declarations for the determination and payment of customs duties and taxes covering multiple imports within a given period after the release of those imported goods, or other procedures that provide for the expedited release of certain shipments.


Article 11.8

Authorised economic operators


1.   Each Party shall establish or maintain a trade facilitation partnership programme for economic operators who meet specified criteria (hereinafter referred to as ‘authorised economic operators’).


2.   The specified criteria to qualify as authorised economic operators shall be related to compliance, or the risk of non-compliance, with requirements specified in laws, regulations or procedures of each Party. The specified criteria shall be published and may include:






(a)


the absence of any serious infringement or repeated infringements of customs legislation and taxation rules, including no record of serious criminal offences relating to the economic activity of the applicant;










(b)


the demonstration by the applicant of a high level of control of its operations and of the flow of goods by means of a system of managing commercial and, where appropriate, transport records, which allows appropriate customs controls;










(c)


financial solvency, which shall be deemed to be proven if the applicant has good financial standing, which enables it to fulfil its commitments, with due regard to the characteristics of the type of business activity concerned;










(d)


proven competences or professional qualifications directly related to the activity carried out; and










(e)


appropriate security and safety standards.






3.   The specified criteria referred to in paragraph 2 shall not be designed or applied so as to afford or create arbitrary or unjustifiable discrimination between economic operators where the same conditions prevail, and shall allow the participation of small and medium-sized enterprises.


4.   The trade facilitation partnership programme referred to in paragraph 1 shall include the following benefits:






(a)


low documentary and data requirements, as appropriate;










(b)


lower rate of physical inspections or expedited examinations, as appropriate;










(c)


simplified release procedures and rapid release time, as appropriate;










(d)


use of guarantees, including, if applicable, comprehensive guarantees or reduced guarantees; and










(e)


control of the goods at the premises of the authorised economic operator or another place authorised by customs authorities.






5.   The trade facilitation partnership programme referred to in paragraph 1 may also include additional benefits, such as:






(a)


deferred payment of duties, taxes, fees and charges;










(b)


a single customs declaration for all imports or exports in a given period; or










(c)


availability of a dedicated contact point to provide assistance in customs matters.







Article 11.9

Data and documentation requirements


1.   Each Party shall ensure that import, export and transit formalities, data and documentation requirements are:






(a)


adopted and applied with a view to the rapid release of goods, provided that the conditions for the release are fulfilled;










(b)


adopted and applied in a manner that aims to reduce the time and cost of compliance for traders or operators;










(c)


the least trade-restrictive alternative, if two or more alternatives were reasonably available for fulfilling the policy objective or objectives in question; and










(d)


not maintained, including parts thereof, if no longer required.






2.   Each Party shall apply common customs procedures and use uniform customs documents for the release of goods throughout its customs territory.



Article 11.10

Use of information technologies and electronic payment


1.   Each Party shall use information technologies that expedite procedures for the release of goods in order to facilitate trade between the Parties.


2.   Each Party shall:






(a)


make available, by electronic means, a customs declaration that is required for the import, export or transit of goods;










(b)


allow a customs declaration to be submitted in electronic format;










(c)


establish a means of providing for the electronic exchange of customs information with its trading community;










(d)


promote the electronic exchange of data between operators and customs authorities, as well as other related agencies; and










(e)


use electronic risk-management systems for assessment and targeting that enable its customs authorities to focus their inspections on high-risk goods and that facilitate the release and movement of low-risk goods.






3.   Each Party shall adopt or maintain procedures allowing the option of electronic payment for duties, taxes, fees and charges collected by customs authorities incurred upon importation and exportation.



Article 11.11

Risk management


1.   Each Party shall adopt or maintain a risk-management system for customs control.


2.   Each Party shall design and apply risk management in a manner as to avoid arbitrary or unjustifiable discrimination, or disguised restrictions on international trade.


3.   Each Party shall concentrate customs control and other relevant border controls on high-risk consignments and expedite the release of low-risk consignments. Each Party may also select, on a random basis, consignments for those controls as part of its risk management.


4.   Each Party shall base risk management on assessment of risk through appropriate selectivity criteria.



Article 11.12

Post-clearance audit


1.   With a view to expediting the release of goods, each Party shall adopt or maintain post-clearance audit to ensure compliance with its customs and other trade-related laws and regulations.


2.   Each Party shall conduct post-clearance audits in a risk-based manner.


3.   Each Party shall conduct post-clearance audits in a transparent manner. If an audit is conducted and conclusive results have been achieved, the Party shall, without delay, notify the person whose record has been audited of the results, the reasons for the results and the rights and obligations of that person.


4.   The Parties acknowledge that the information obtained in a post-clearance audit may be used in further administrative or judicial proceedings.


5.   Each Party shall, wherever practicable, use the result of post-clearance audit in applying risk management.



Article 11.13

Transparency


1.   The Parties recognise the importance of timely consultations with trade representatives on legislative proposals and general procedures related to customs and trade matters. To that end, each Party shall provide for appropriate consultations between administrations and the business community.


2.   Each Party shall ensure that their respective customs and customs-related requirements and procedures continue to meet the needs of the business community, follow best practices, and remain the least trade restrictive possible.


3.   Each Party shall provide for appropriate regular consultations between border agencies and traders or other stakeholders within its territory.


4.   Each Party shall publish promptly in a non-discriminatory and accessible manner, including online, and prior to their application, new laws and regulations related to customs and trade facilitation matters, as well as amendments to, and interpretations of, those laws and regulations. Such laws and regulations, as well as their amendments and interpretations, shall include those relating to:






(a)


importation, exportation and transit procedures, including port, airport, and other entry-point procedures, and required forms and documents;










(b)


applied rates of duties and taxes of any kind imposed on, or in connection with, importation or exportation;










(c)


fees and charges imposed by or for governmental agencies on or in connection with importation, exportation or transit;










(d)


rules for the classification or valuation of products for customs purposes;










(e)


laws, regulations and administrative rulings of general application relating to rules of origin;










(f)


import, export or transit restrictions or prohibitions;










(g)


penalty provisions against breaches of import, export or transit formalities;










(h)


agreements or parts thereof with any country or countries relating to importation, exportation or transit;










(i)


procedures related to the administration of tariff quotas;










(j)


operating hours and procedures for customs offices at ports and border crossing points;










(k)


contact points for information enquiries; and










(l)


other relevant notices of an administrative nature in relation to subparagraphs (a) to (k).






5.   Each Party shall ensure that there is a reasonable period of time between the publication (11) and the entry into force of new or amended laws, regulations and procedures and fees or charges.


6.   Each Party shall establish or maintain one or more enquiry points to respond to reasonable enquiries from governments, operators and other interested parties on customs and other trade-related matters. The enquiry points shall respond to enquiries within a reasonable period of time set by each Party, which may vary depending on the nature or complexity of the request. A Party shall not require the payment of a fee for responding to enquiries or providing required forms and documents.



Article 11.14

Advance rulings


1.   For the purposes of this Article, an ‘advance ruling’ means a written decision provided to an applicant prior to the importation of a good covered by the application that sets out the treatment that the Party is to provide to the good at the time of importation with regard to:






(a)


the tariff classification of the good;










(b)


the origin of the good; and










(c)


any other matters as the Parties may agree.






2.   Each Party shall issue an advance ruling through its customs authorities. That advance ruling shall be issued in a reasonable and time-limited manner to the applicant that has submitted a written request, including in electronic format, containing all necessary information in accordance with the laws and regulations of the issuing Party.


3.   The advance ruling shall be valid for a period of at least three years from the date in which it takes effect, unless the law, facts or circumstances supporting the original advance ruling have changed.


4.   A Party may decline to issue an advance ruling if the facts and circumstances which form the basis of the advance ruling are under administrative or judicial review or if the application does not relate to any intended use of the advance ruling. If a Party declines to issue an advance ruling, it shall promptly notify the applicant in writing, setting out the relevant facts and the basis for its decision.


5.   Each Party shall publish, at least:






(a)


the requirements for the application for an advance ruling, including the information to be provided and the format;










(b)


the time period by which it will issue an advance ruling; and










(c)


the length of time for which the advance ruling is valid.






6.   If a Party revokes or modifies or invalidates an advance ruling, it shall provide written notice to the applicant setting out the relevant facts and the basis for its decision. A Party shall only revoke, modify or invalidate an advance ruling with retroactive effect if the ruling was based on incomplete, incorrect, false or misleading information provided by the applicant.


7.   An advance ruling issued by a Party shall be binding on that Party with respect to the applicant. The advance ruling shall also be binding on the applicant.


8.   Each Party shall provide, upon written request of the applicant, a review of the advance ruling or of the decision to revoke, modify or invalidate that advance ruling.


9.   Subject to confidentiality requirements in its laws and regulations, each Party shall make publicly available, including online, the substantive elements of its advance rulings.



Article 11.15

Transit and transhipment


1.   Each Party shall ensure the facilitation and effective control of transit movements and transhipment operations through its territory.


2.   Each Party shall promote and implement regional transit arrangements with a view to facilitating trade.


3.   Each Party shall ensure cooperation between, and coordination of, its authorities and relevant agencies concerned to facilitate traffic in transit.


4.   Each Party shall allow goods intended for import to be moved within its territory under customs control from a customs office of entry to another customs office in its territory from where the goods are to be released or cleared, provided all regulatory requirements are met.



Article 11.16

Customs brokers


1.   A Party shall not introduce the mandatory use of customs brokers as a requirement for operators to fulfil their obligations with respect to the importation, exportation and transit of goods.


2.   Each Party shall publish its measures on the use of customs brokers.


3.   The Parties shall apply transparent, non-discriminatory and proportionate rules when licensing customs brokers.



Article 11.17

Pre-shipment inspections

The Parties shall not require the use of pre-shipment inspections, as defined in the Agreement on Pre-shipment Inspection in Annex 1A to the WTO Agreement, or any other inspection activity performed at destination, before customs clearance, by private companies.


Article 11.18

Appeals


1.   Each Party shall provide effective, prompt, non-discriminatory and easily accessible procedures to guarantee the right of appeal against the administrative actions, rulings and decisions of customs authorities or other competent authorities affecting import or export of goods or goods in transit.


2.   Appeal procedures may include administrative review by the supervising authority and judicial review of decisions taken at the administrative level in accordance with the laws and regulations of a Party.


3.   Any person who has applied to the customs authorities or other competent authorities for a decision and has not obtained a decision on that application within the relevant time limit shall also be entitled to exercise the right of appeal.


4.   Each Party shall ensure that its customs authorities or other competent authorities provide to persons to whom administrative decisions are issued, the reasons for those decisions in order to facilitate, where necessary, recourse to appeal procedures.



Article 11.19

Penalties


1.   Each Party shall ensure that its customs laws and regulations provide that any penalties imposed for breaches of customs laws, regulations or procedural requirements are proportionate and non-discriminatory.


2.   Each Party shall ensure that any penalty imposed for a breach of its customs laws, regulations, or procedural requirements is imposed only on the person legally responsible for the breach.


3.   Each Party shall ensure that the penalty imposed is based on the facts and circumstances of the case and is commensurate with the degree and severity of the breach. Each Party shall avoid incentives for, or conflicts of interest in, the assessment and collection of penalties.


4.   Each Party is encouraged to consider prior disclosure to a customs authority of the circumstances of a breach of customs laws, regulations, or procedural requirements as a potential mitigating factor when establishing a penalty.


5.   If a Party imposes a penalty for a breach of its customs laws, regulations, or procedural requirements, it shall provide an explanation in writing to the person upon whom it imposes the penalty, specifying the nature of the breach and the applicable laws, regulations, or procedures pursuant to which the amount or range of penalty for the breach has been imposed.



Article 11.20

Sub-Committee on Customs, Trade Facilitation and Rules of Origin


1.   The Sub-Committee on Customs, Trade Facilitation and Rules of Origin (‘Sub-Committee’) is established pursuant to Article 8.8(1).


2.   The Sub-Committee shall ensure the proper implementation of this Chapter, the border enforcement of intellectual property rights by competent authorities in accordance with Sub-Section 2 of Section C of Chapter 32, the Protocol to this Agreement on Mutual Administrative Assistance in Customs Matters and any additional customs-related provisions agreed between the Parties, and examine all matters arising from their application.


3.   The functions of the Sub-Committee shall include:






(a)


monitoring the implementation and administration of this Chapter and of Chapter 10;










(b)


providing a forum to consult and discuss all matters concerning customs, including, in particular, customs procedures, customs valuation, tariff regimes, customs nomenclature, customs cooperation and mutual administrative assistance in customs matters;










(c)


providing a forum to consult and discuss issues relating to rules of origin and administrative cooperation, and border measures for intellectual property rights; and










(d)


enhancing cooperation on the development, application and enforcement of customs procedures, mutual administrative assistance in customs matters, rules of origin and administrative cooperation.






4.   The Sub-Committee may make recommendations on the matters covered by paragraph 2. The Joint Council or the Joint Committee shall have the power to adopt decisions on mutual recognition of risk-management techniques, risk standards, security controls and trade facilitation partnership programmes, including aspects such as data transmission and mutually agreed benefits.



Article 11.21

Temporary admission


1.   For the purposes of this Article, ‘temporary admission’ means the customs procedure under which certain goods, including means of transport, can be brought into a customs territory conditionally relieved from payment of import duties and taxes and without application of import prohibitions or restrictions of economic character. Those goods must be imported for a specific purpose and must be intended for re-exportation within a specified period of time and without having undergone any change except normal depreciation due to the use made of them.


2.   Each Party shall grant temporary admission, with total conditional relief from import duties and taxes and without application of import restrictions or prohibitions of economic character (12), as provided for in its laws and regulations, to the following goods:






(a)


goods for display or use at exhibitions, fairs, meetings or similar events, which means goods intended for display or demonstration at an event, goods intended for use in connection with the display of foreign products at an event, and equipment including interpretation equipment, sound and image recording apparatus and films of an educational, scientific or cultural character intended for use at international meetings, conferences or congresses, and goods obtained at such events from goods placed under temporary admission; each Party may require a governmental authorisation or a guarantee or deposit to be issued before the event takes place;










(b)


professional equipment, which means: equipment for the press or for sound or television broadcasting which is necessary for representatives of the press or of broadcasting or television organisations visiting the territory of another country for the purposes of reporting or in order to transmit or record material for specified programmes; cinematographic equipment necessary for a person visiting the territory of another country in order to make a specified film or films; any other equipment necessary for the exercise of the calling, trade or profession of a person visiting the territory of another country to perform a specified task, insofar as it is not to be used for the industrial manufacture or packaging of goods or, except in the case of hand tools, for the exploitation of natural resources, for the construction, repair or maintenance of buildings or for earth moving and like projects; ancillary apparatus for the equipment mentioned above, and accessories therefor; and component parts imported for repair of professional equipment temporarily admitted;










(c)


goods imported in connection with a commercial operation where the importation does not in itself constitute a commercial operation, such as: packings which are imported filled for re-exportation empty or filled, or are imported empty for re-exportation filled; containers, whether or not filled with goods, and accessories and equipment for temporarily admitted containers, which are either imported with a container to be re-exported separately or with another container, or are imported separately to be re-exported with a container, and component parts intended for the repair of containers granted temporary admission; pallets; samples; advertising films;










(d)


goods imported exclusively for educational, scientific or cultural purposes, such as scientific equipment, pedagogic material, welfare material for seafarers, and any other goods imported in connection with educational, scientific or cultural activities; spare parts for scientific equipment and pedagogic material which has been granted temporary admission; and tools specially designed for the maintenance, checking, gauging or repair of such equipment;










(e)


personal effects, which means: all articles, new or used, which a traveller may reasonably require for his or her personal use during the journey, taking into account all the circumstances of the journey, but excluding any goods imported for commercial purposes; and goods imported for sports purposes, such as sports requisites and other articles for use by travellers in sports contests or demonstrations or for training in the territory for which temporary admission is granted;










(f)


tourist publicity material, which means goods imported for the purpose of encouraging the public to visit a foreign country, in particular in order to attend cultural, religious, touristic, sporting or professional meetings or demonstrations held there; each Party may require a guarantee or deposit to be provided for such goods;










(g)


goods imported for humanitarian purposes, which means medical, surgical and laboratory equipment and relief consignments, such as vehicles and other means of transport, blankets, tents, prefabricated houses or other goods of prime necessity, forwarded as aid to those affected by natural disaster and similar catastrophes; and










(h)


animals imported for specific purposes, such as police dogs or horses, detector dogs, dogs for the blind, rescue dogs, animals for the purposes of participation in shows, exhibitions, contests, competitions or demonstrations, animals for the purposes of entertainment, such as animals for circus, touring (including pet animals of travellers), performance of work or transport, or for medical purposes, such as delivery of snake poison.






3.   Each Party shall accept, in accordance with its laws and regulations (13), the temporary admission of the goods referred to in paragraph 2 as well as, regardless of their origin, ATA carnets issued in the other Party in accordance with the Convention on temporary admission, done at Istanbul on 26 June 1990, endorsed in the other Party and guaranteed by an association forming part of the international guarantee chain, certified by the competent authorities and valid in the customs territory of the importing Party.



Article 11.22

Repaired goods


1.   For the purposes of this Article, ‘repair’ means any processing operation undertaken in respect of a good to remedy an operating defect or material damage and entailing the re-establishment of the good to its original function or to ensure compliance with technical requirements for its use, without which the good could no longer be used in the normal way for the purposes for which it was intended. Repair includes restoration and maintenance but does not include an operation or process that:






(a)


destroys the essential characteristics of a good, or creates a new or commercially different good;










(b)


transforms an unfinished good into a finished good; or










(c)


is used to improve or upgrade the technical performance of a good.






2.   A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters its customs territory, after that good has been temporarily exported from its customs territory to the customs territory of the other Party for repair.


3.   Paragraph 2 does not apply to a good, imported in bond, into free trade zones, or in a similar status, which is thereafter exported for repair and is not re-imported in bond, into free trade zones, or in a similar status.


4.   A Party shall not apply a customs duty to a good, regardless of its origin, imported temporarily from the customs territory of the other Party for repair.



Article 11.23

Fees and formalities


1.   Fees and other charges that a Party imposes on or in connection with the importation or exportation of a good of the other Party shall be limited in amount to the approximate cost of services rendered, and shall not represent an indirect protection in respect of domestic goods or taxation of imports or exports for fiscal purposes.


2.   A Party shall not levy fees or other charges on or in connection with the importation or exportation of a good of the other Party on an ad valorem basis.


3.   Each Party may impose charges or recover costs only if specific services are rendered, including the following:






(a)


attendance, where requested, by customs staff outside official office hours or at premises other than customs premises;










(b)


analyses or expert reports on goods and postal fees for the return of goods to an applicant, particularly in respect of decisions relating to binding information or the provision of information concerning the application of customs legislation;










(c)


examination or sampling of goods for verification purposes, or the destruction of goods, where costs other than the cost of using customs staff are involved; or










(d)


exceptional control measures, where such measures are necessary due to the nature of the goods or to a potential risk.






4.   Each Party shall promptly publish all fees and charges it might impose in connection with importation or exportation in such a manner as to enable governments, traders and other interested parties to become acquainted with them.


5.   A Party shall not require consular transactions, including related fees and charges, in connection with the importation of any good of the other Party.





CHAPTER 12



TRADE REMEDIES




SECTION A




Anti-Dumping and Countervailing Duties




Article 12.1

General provisions


1.   The Parties affirm their rights and obligations under the Anti-Dumping Agreement and the SCM Agreement.


2.   For the purposes of this Section, the preferential rules of origin under Chapter 10 do not apply.



Article 12.2

Transparency


1.   Anti-dumping and anti-subsidy investigations and measures should be used in full compliance with the relevant WTO requirements set out in the Anti-Dumping Agreement and the SCM Agreement and should be based on a fair and transparent system.


2.   Each Party shall ensure, as soon as practicable after any imposition of provisional measures and in any case before a final determination is made, full disclosure of all essential facts and considerations on which it bases a decision to apply definitive measures. Such disclosure is without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Each Party shall disclose such essential facts and considerations in writing, and allow interested parties sufficient time to submit comments thereon.


3.   Each interested party shall be granted the possibility to be heard in order to express its views during an anti-dumping or anti-subsidy investigation, provided that this does not unnecessarily delay the conduct of the investigation.



Article 12.3

Consideration of public interest

Each Party shall take into account the situation of its domestic industry, importers and their representative associations, representative users and representative consumer organisations to the extent that they have provided relevant information to the investigating authorities within the relevant timeframe. A Party may decide not to apply anti-dumping or countervailing measures on the basis of such information.


Article 12.4

Lesser duty rule

If a Party imposes an anti-dumping duty on the goods of the other Party, the amount of such duty shall not exceed the margin of dumping. Whenever possible, the anti-dumping duty should be less than that margin if such lesser duty would be adequate to remove the injury to the domestic industry.


Article 12.5

Non-application of dispute settlement

Chapter 38 does not apply to this Section.




SECTION B




Global Safeguard Measures




Article 12.6

General provisions

The Parties affirm their rights and obligations pursuant to Article XIX of GATT 1994, the Safeguards Agreement and Article 5 of the Agreement on Agriculture.


Article 12.7

Transparency and imposition of definitive measures


1.   Notwithstanding Article 12.6, the Party initiating a global safeguard investigation or intending to apply global safeguard measures shall, on request of the other Party and provided that the latter has a substantial interest, immediately provide a written notification containing all pertinent information leading to the initiation of a global safeguard investigation or the application of global safeguard measures, including on the provisional findings, if relevant. Such notification is without prejudice to Article 3(2) of the Safeguards Agreement.


2.   When imposing definitive global safeguard measures, each Party shall endeavour to impose them in a way that least affects bilateral trade, provided that the Party affected by the measures has a substantial interest as defined in paragraph 4.


3.   For the purposes of paragraph 2, if a Party considers that the legal requirements for the imposition of definitive global safeguard measures are met, and intends to apply such measures, it shall notify the other Party and grant the possibility of holding bilateral consultations, provided that the other Party has a substantial interest as defined in paragraph 4. If no satisfactory solution has been reached within 15 days of the notification, the importing Party may adopt the appropriate global safeguard measures to remedy the problem.


4.   For the purposes of this Article, a Party shall be considered to have a substantial interest when it is among the five largest suppliers of the imported good during the most recent three-year time period, measured in terms of either absolute volume or value.



Article 12.8

Non-application of dispute settlement

Chapter 38 does not apply to this Section.




SECTION C




Bilateral Safeguard Measures






Sub-Section 1





General Provisions




Article 12.9

Definitions

For the purposes of this Section:






(a)


‘domestic industry’ means, with respect to an imported good, the producers as a whole of like or directly competitive goods operating within the territory of a Party, or the producers whose collective output of like or directly competitive goods constitutes a major proportion of the total domestic production of those goods;










(b)


‘transition period’ means:






(i)


a period of seven years from the date of entry into force of this Agreement; or










(ii)


for any good for which the schedule in Annex 9 of the Party applying a bilateral safeguard measure provides for a tariff elimination period of seven years, the tariff elimination period for that good plus two years.










Article 12.10

Application of a bilateral safeguard measure


1.   Notwithstanding Section B, if, as a result of the reduction or elimination of a customs duty under this Part of this Agreement, a good originating in a Party is being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to domestic producers of like or directly competitive goods, the importing Party may take appropriate bilateral safeguard measures under the conditions and in accordance with the procedures laid down in this Section.


2.   If the conditions in paragraph 1 are met, the importing Party may apply one of the following bilateral safeguard measures:






(a)


the suspension of any further reduction of the rate of customs duty on the good concerned as provided for in this Part of this Agreement; or










(b)


the increase in the rate of customs duty on the good concerned to a level which does not exceed the lesser of:






(i)


the applied most-favoured-nation rate of customs duty on the good in effect at the time of application of the measure; or










(ii)


the applied most-favoured-nation rate of customs duty on the good in effect on the day immediately preceding the date of entry into force of this Agreement.











Article 12.11

Standards for bilateral safeguard measures


1.   A bilateral safeguard measure shall not be applied:






(a)


except to the extent, and for such time, as may be necessary to prevent or remedy serious injury or threat thereof to the domestic industry;










(b)


for a period exceeding two years; the period may be extended by another two years if the competent investigating authority of the importing Party determines, in conformity with the procedures laid down in this Section, that the measure continues to be necessary to prevent or remedy serious injury or threat thereof to the domestic industry, provided that the total period of application of the bilateral safeguard measure, including the period of initial application and any extension thereof, does not exceed four years; or










(c)


beyond the expiration of the transition period as defined in subparagraph (b) of Article 12.9.






2.   When a Party ceases to apply a bilateral safeguard measure, the rate of customs duty shall be the rate that would have been in effect for the good in accordance with its schedule in Annex 9.


3.   In order to facilitate adjustment of the industry concerned in a situation where the expected duration of a bilateral safeguard measure exceeds one year, the Party applying the measure shall progressively liberalise it at regular intervals during the period of application.



Article 12.12

Provisional bilateral safeguard measures


1.   In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis without complying with the requirements of Article 12.21(1), subject to a preliminary determination that there is clear evidence that imports of a good originating in the other Party have increased as a result of the reduction or elimination of a customs duty under this Part of this Agreement, and that such imports cause or threaten to cause serious injury to the domestic industry.


2.   The duration of any provisional bilateral safeguard measure shall not exceed 200 days, during which time the Party applying the measure shall comply with the relevant procedural rules laid down in Sub-Section 2. The Party applying the provisional bilateral safeguard measure shall promptly refund any tariff increases if the investigation described in Sub-Section 2 does not result in a finding that the conditions of Article 12.10(1) have been met. The duration of the provisional bilateral safeguard measure shall be counted as part of the period described in subparagraph (b) of Article 12.11(1).


3.   The Party applying a provisional bilateral safeguard measure shall inform the other Party upon taking such provisional measure and shall immediately refer the matter to the Joint Committee for examination if the other Party so requests.



Article 12.13

Compensation and suspension of concessions


1.   A Party applying a bilateral safeguard measure shall consult with the Party whose products are subject to the measure in order to agree on appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects. The Party applying a bilateral safeguard measure shall provide an opportunity for such consultations no later than 30 days after the application of the bilateral safeguard measure.


2.   If the consultations referred to in paragraph 1 do not result in an agreement on trade liberalising compensation within 30 days of the start of the consultations, the Party whose goods are subject to the bilateral safeguard measure may suspend the application of concessions having substantially equivalent effects on the trade of the other Party.


3.   The Party whose goods are subject to the bilateral safeguard measure shall notify the other Party in writing at least 30 days before it suspends the application of concessions in accordance with paragraph 2.


4.   The obligation to provide compensation pursuant to paragraph 1 and the right to suspend the application of concessions pursuant to paragraph 2 shall:






(a)


not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the bilateral safeguard measure has been applied as a result of an absolute increase in imports; and










(b)


cease on the date of termination of the bilateral safeguard measure.







Article 12.14

Time lapse between two bilateral safeguard measures and non-parallel application of safeguard measures


1.   A Party shall not apply a bilateral safeguard measure as referred to in this Section to the import of a good that has previously been subject to such a measure, unless a period of time equal to half of the time during which the safeguard measure was applied for the immediately preceding period has elapsed. A bilateral safeguard measure that has been applied more than once on the same good may not be extended by another two years as provided for in subparagraph (b) of Article 12.11(1).


2.   A Party shall not apply, with respect to the same good and during the same period:






(a)


a bilateral safeguard measure or a provisional bilateral safeguard measure under this Part of this Agreement; and










(b)


a global safeguard measure pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.







Article 12.15

Outermost regions (14) of the European Union


1.   If any good originating in Chile is being imported into the territory of one or more of the outermost regions of the European Union in such increased quantities and under such conditions as to cause or threaten to cause serious deterioration in the economic situation of the outermost region concerned, the EU Party, after having examined alternative solutions, may exceptionally apply bilateral safeguard measures limited to the territory of the region concerned.


2.   For the purposes of paragraph 1, ‘serious deterioration’ means major difficulties in a sector of the economy producing like or directly competitive goods. The determination of serious deterioration shall be based on objective factors, including the following:






(a)


the increase in the volume of imports, in absolute terms or relative to domestic production and to imports from other sources; and










(b)


the effect of the imports referred to in paragraph 1 on the situation of the industry or economic sector concerned, including on the levels of sales, production, financial situation and employment.






3.   Without prejudice to paragraph 1, other provisions of this Section applicable to bilateral safeguard measures are also applicable to any safeguard measures adopted under this Article. Any reference to ‘serious injury’ in other provisions of this Section shall be understood as ‘serious deterioration’ when applied in relation to outermost regions of the European Union.






Sub-Section 2





Procedural Rules Applicable to Bilateral Safeguard Measures




Article 12.16

Applicable law

For the application of bilateral safeguard measures, the competent investigating authority of each Party shall comply with the provisions of this Sub-Section. In cases not covered by this Sub-Section, the competent investigating authority shall apply the rules established under the law of the Party of that authority.


Article 12.17

Initiation of a safeguard procedure


1.   A competent investigating authority of a Party may initiate a procedure regarding bilateral safeguard measures (‘safeguard procedure’) upon a written application (15) by or on behalf of the domestic industry, or in exceptional circumstances on its own initiative.


2.   The application shall be considered to have been made by or on behalf of the domestic industry if it is supported by domestic producers whose collective output constitutes more than 50 % of the total domestic production of the like or directly competitive goods produced by the portion of the domestic industry expressing either support for or opposition to the application. However, a competent investigating authority shall not initiate an investigation if the domestic producers expressing support for the application account for less than 25 % of the total domestic production of the like or directly competitive goods produced by the domestic industry.


3.   Once a competent investigating authority has initiated the investigation, the written application referred to in paragraph 1 shall be made available to interested parties, except for any confidential information contained therein.


4.   Upon initiation of a safeguard procedure, the competent investigating authority shall publish a notice of initiation of the safeguard procedure in the official journal of the Party. The notice shall identify:






(a)


the entity which filed the written application, if applicable;










(b)


the imported good subject to the safeguard procedure;










(c)


the subheading and tariff item number under which the imported good is classified;










(d)


the type of proposed measure to be applied;










(e)


the public hearing pursuant to subparagraph (a) of Article 12.20 or the period within which interested parties may submit a request to be heard pursuant to subparagraph (b) of Article 12.20;










(f)


the place where the written application and any other non-confidential documents filed in the course of the proceeding may be inspected; and










(g)


the name, address and telephone number of the office to be contacted for more information.






5.   With respect to a safeguard procedure initiated pursuant to paragraph 1 on the basis of a written application, the competent investigating authority concerned shall not publish the notice required under paragraph 4 without first assessing carefully whether the written application meets the requirements of its domestic legislation and the requirements of paragraphs 1 and 2, and includes reasonable evidence that imports of a good originating in the other Party have increased as the result of the reduction or elimination of a customs duty under this Part of this Agreement, and that those imports cause or threaten to cause the alleged serious injury.



Article 12.18

Investigation


1.   A Party shall apply a bilateral safeguard measure only after an investigation has been carried out by its competent investigating authority in accordance with Article 3(1) and subparagraph (c) of Article 4(2) of the Safeguards Agreement; to that end, Article 3(1) and subparagraph (c) of Article 4(2) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.


2.   In the investigation referred to in paragraph 1, the Party shall comply with the requirements of subparagraph (a) of Article 4(2) of the Safeguards Agreement. To that end, subparagraph (a) of Article 4(2) of the Safeguards Agreement is incorporated into and made part of this Agreement, mutatis mutandis.


3.   If a Party makes a notification pursuant to paragraph 1 of this Article and Article 3(1) of the Safeguards Agreement that it is applying or extending a bilateral safeguard measure, that notification shall include:






(a)


evidence of serious injury or threat thereof caused by increased imports of a good originating in the other Party as a result of the reduction or elimination of a customs duty under this Part of this Agreement; the investigation shall demonstrate, on the basis of objective evidence, the existence of a causal link between the increased imports of the good concerned and the serious injury or threat thereof; known factors other than the increased imports shall also be examined to ensure that the serious injury or threat thereof caused by those other factors is not attributed to the increased imports;










(b)


a precise description of the originating good subject to the bilateral safeguard measure, including its heading or subheading under the HS Code on which the schedules of tariff commitments in Annex 9 are based;










(c)


a precise description of the bilateral safeguard measure;










(d)


the date of the introduction of the bilateral safeguard measure, its expected duration and, if applicable, a timetable for progressive liberalisation of the measure in accordance with Article 12.11(3); and










(e)


in the event of an extension of the bilateral safeguard measure, evidence that the domestic industry concerned is adjusting.






4.   On request of a Party whose good is subject to a safeguard procedure under this Section, the Party conducting that procedure shall enter into consultations with the requesting Party to review a notification under paragraph 1 or any public notice or report that the competent investigating authority has issued in relation to the safeguard procedure.


5.   Each Party shall ensure that its competent investigating authority completes any investigation pursuant to this Article within 12 months of the date of its initiation.



Article 12.19

Confidential information


1.   Any information which is by nature confidential or which is provided on a confidential basis shall, upon good cause being shown, be treated as confidential by the competent investigating authority. Such information shall not be disclosed without the permission of the interested party submitting it.


2.   Interested parties providing confidential information are requested to furnish non-confidential summaries thereof or, if such parties indicate that the information cannot be summarised, the reasons therefor. The summaries shall be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. However, if the competent investigating authority finds that a request for confidentiality is not warranted and if the interested party concerned is either unwilling to make the information public or to authorise its disclosure in generalised or summary form, the competent investigating authority may disregard such information, unless it can be demonstrated to the satisfaction of that authority, in view of information from appropriate sources, that the information is correct.



Article 12.20

Hearings

In the course of each safeguard procedure, the competent investigating authority shall:






(a)


hold a public hearing, after providing reasonable notice, to allow all interested parties and any representative consumer association to appear in person or to be represented by counsel in order to present evidence and to be heard regarding the alleged serious injury or threat thereof, and the appropriate remedy; or










(b)


provide an opportunity to all interested parties to be heard if they have submitted, within the period laid down in the notice of initiation referred to in Article 12.17(4), a written request showing that they are likely to be affected by the outcome of the investigation and that there are special reasons for them to be heard orally.






Article 12.21

Notifications, examination in the Joint Committee and publications


1.   If a Party considers that one of the circumstances set out in Article 12.10(1) or 12.15(1) exists, it shall immediately refer the matter to the Joint Committee for examination. The Joint Committee may make any recommendation needed to remedy the circumstance which has arisen. If no recommendation has been made by the Joint Committee aimed at remedying the circumstance, or no other satisfactory solution has been reached within 30 days of the date on which the Party refers the matter to the Joint Committee, the importing Party may adopt appropriate bilateral safeguard measures to remedy the circumstance in accordance with this Section.


2.   For the purposes of paragraph 1, the importing Party shall provide the exporting Party with all relevant information, including evidence of serious injury or threat thereof to domestic producers of the like and directly competitive good, caused by increased imports, a precise description of the good involved, and the proposed bilateral safeguard measure, its proposed date of imposition and expected duration.


3.   The Party that adopts the bilateral safeguard measure shall publish its findings and reasoned conclusions reached on all pertinent issues of fact and law in the official journal of that Party, including the description of the imported good and the situation which has given rise to the imposition of measures in accordance with Article 12.10(1) or 12.15(1), the causal link between such situation and the increased imports, and the form, level and duration of the measures.



Article 12.22

Acceptance of documents in English in safeguard procedures

In order to facilitate the submission of documents in safeguard procedures, the competent investigating authority of the Party in charge of the procedure shall accept documents submitted in English by interested parties, provided that those parties submit later, within a longer deadline set by the competent authority, a translation of the documents into the language of the safeguard procedure.






CHAPTER 13



SANITARY AND PHYTOSANITARY MEASURES



Article 13.1

Objectives

The objectives of this Chapter are:






(a)


to safeguard human, animal and plant health in the territories of the Parties whilst facilitating trade in animals, animal products, plants, plant products and other products covered by sanitary and phytosanitary (‘SPS’) measures, between the Parties, by:






(i)


improving transparency, communication and cooperation on SPS measures between the Parties;










(ii)


establishing mechanisms and procedures for trade facilitation; and










(iii)


further implementing the principles of the SPS Agreement;














(b)


to cooperate in multilateral fora and on food safety, animal health and plant protection science;










(c)


to cooperate on other sanitary or phytosanitary matters or in other fora.






Article 13.2

Multilateral obligations

The Parties reaffirm their rights and obligations under the WTO Agreement and, in particular, the SPS Agreement. Those rights and obligations shall underpin the activities of the Parties under this Chapter.


Article 13.3

Scope

This Chapter applies to:






(a)


all SPS measures as defined in Annex A to the SPS Agreement in so far as they affect trade between the Parties;










(b)


cooperation in multilateral fora recognised in the framework of the SPS Agreement;










(c)


cooperation on food safety, animal health and plant protection science; and










(d)


cooperation on any other sanitary or phytosanitary matter in any other fora, as the Parties may agree.






Article 13.4

Definitions

For the purposes of this Chapter and Annexes 13-A to 13-H:






(a)


the definitions in Annex A to the SPS Agreement, as well as those in the Codex Alimentarius, within the framework of the World Organisation for Animal Health and in the International Plant Protection Convention, done at Rome on 17 November 1997, apply; and










(b)


‘protected zone’ means, for a specific regulated pest, an officially defined geographical part of the territory of a Party in which that pest is known not to be established in spite of favourable conditions and its presence in other parts of the territory of that Party.






Article 13.5

Competent authorities


1.   The competent authorities of the Parties are the authorities responsible for the implementation of the measures referred to in this Chapter, as set out in Annex 13-A.


2.   In accordance with Article 13.12, the Parties shall inform each other of any significant changes in the structure, organisation or division of competences of their competent authorities.



Article 13.6

Recognition of status in respect of animal diseases and infections in animals, and in respect of pests


1.   The following applies to status in respect of animal diseases and infections in animals, including zoonoses:






(a)


the importing Party shall recognise for trade purposes the animal health status of the exporting Party or its regions, as determined by the exporting Party in accordance with subparagraph (a)(i) of paragraph 1 of Annex 13-C, in respect of the animal diseases specified in Appendix 13-B-1;










(b)


where a Party considers that its territory or any of its regions has a special status in respect of a specific animal disease other than the animal diseases set out in Appendix 13-B-1, it may request recognition of that status in accordance with the criteria set out in paragraph 3 of Annex 13-C; the importing Party may require guarantees in respect of imports of live animals and animal products which are appropriate with regard to the agreed status of that Party;










(c)


the Parties recognise that the status of the territories or regions, or the status of a sector or sub-sector of the Parties, related to the prevalence or incidence of an animal disease other than the animal diseases set out in Appendix 13-B-1, or of infections in animals, or their associated risk, as appropriate, as defined by the international standard-setting organisations recognised in the framework of the SPS Agreement, constitutes the basis of trade between them; the importing Party may, as appropriate, request guarantees in respect of imports of live animals and animal products which are appropriate with regard to the defined status of that Party in accordance with the recommendations of the standard-setting organisations; and










(d)


without prejudice to Articles 13.9 and 13.15, and unless the importing Party raises an explicit objection and requests supportive or additional information, consultations or verification in accordance with Articles 13.11 and 13.14, each Party shall adopt, without undue delay, the legislative and administrative measures necessary to allow trade on the basis of subparagraphs (a), (b) and (c) of this paragraph.






2.   The following applies to status in respect of pests:






(a)


the Parties recognise for trade purposes the pest status in respect of the pests specified in Appendix 13-B-2; and










(b)


without prejudice to Articles 13.9 and 13.15, and unless the importing Party raises an explicit objection and requests supportive or additional information, consultations or verification in accordance with Articles 13.11 and 13.14, each Party shall, without undue delay, take the legislative and administrative measures necessary to allow trade on the basis of subparagraph (a) of this paragraph.







Article 13.7

Recognition of regionalisation decisions in respect of animal diseases and infections in animals and of pests


1.   The Parties recognise the concept of regionalisation, and shall apply it to trade between them.


2.   Regionalisation decisions in respect of terrestrial and aquatic animal diseases listed in Appendix 13-B-1 and pests listed in Appendix 13-B-2 shall be adopted in accordance with Annex 13-C.


3.   As regards animal diseases, and in accordance with Article 13.14, the exporting Party seeking recognition by the importing Party of a regionalisation decision shall notify its measures establishing regionalisation with a full explanation and supporting data for its determinations and decisions.


4.   Without prejudice to Article 13.15, and unless the importing Party raises an explicit objection and requests additional information, consultations or verification in accordance with Articles 13.11 and 13.14 within 15 working days of the receipt of the regionalisation decision, the Parties shall consider that decision as accepted.


5.   The consultations referred to in paragraph 4 of this Article shall take place in accordance with Article 13.14(2). The importing Party shall assess the additional information within 15 working days of the receipt of the additional information. The verification referred to in paragraph 4 of this Article shall be carried out in accordance with Article 13.11 and within 25 working days of the receipt of the request for verification.


6.   As regards pests, each Party shall ensure that trade in plants, plant products and other products takes account of the pest status recognised by the other Party. The exporting Party seeking recognition of a regionalisation decision by the other Party shall notify the other Party of its measures and decisions, as guided by the relevant International Standards for Phytosanitary Measures of the Food and Agriculture Organisation of the United Nations (‘FAO’), including 4 ‘Requirements for the establishment of pest free areas’, 8 ‘Determination of pest status in an area’, and other international standards for phytosanitary measures as the Parties deem appropriate. Without prejudice to Article 13.15, and unless a Party raises an explicit objection and requests additional information, consultations or verification in accordance with Articles 13.11 and 13.14 within three months of the receipt of the regionalisation decision, the Parties shall consider that decision as accepted.


7.   The consultations referred to in paragraph 4 of this Article shall take place in accordance with Article 13.14(2). The importing Party shall assess any additional information within three months of the receipt of such additional information. Each Party shall carry out the verification referred to in paragraph 4 of this Article in accordance with Article 13.11 and within 12 months of the receipt of a request for verification, taking into account the biology of the pest and the crop concerned.


8.   After finalisation of the procedures set out in paragraphs 2 to 7 of this Article, and without prejudice to Article 13.15, each Party shall, without undue delay, take the legislative and administrative measures necessary to allow trade on that basis.



Article 13.8

Recognition of equivalence


1.   The Parties may recognise equivalence in relation to an individual measure, a group of measures or systems applicable to a sector or sub-sector.


2.   For the purpose of the recognition of equivalence, the Parties shall follow the consultation process referred to in paragraph 3. That process shall include an objective demonstration of equivalence by the exporting Party and an objective assessment of that demonstration by the importing Party with a view to the possible recognition of equivalence by the importing Party.


3.   The Parties shall, within three months of the receipt by the importing Party of a request by the exporting Party for recognition of equivalence of one or more measures affecting one or more sectors or sub-sectors, initiate a consultation process which shall include the steps set out in Annex 13-E. In the event of multiple requests by the exporting Party, the Parties shall, on request of the importing Party, agree within the Sub-Committee referred to in Article 13.16 on a time schedule in accordance with which they shall initiate the process referred to in this paragraph.


4.   Unless otherwise agreed, the importing Party shall finalise the assessment of equivalence, as set out in Annex 13-E, no later than 180 days after having received from the exporting Party its demonstration of equivalence as set out in that Annex. As an exception in the case of seasonal crops, it is justifiable to finalise the assessment of equivalence at a later time, if necessary in order to allow for the verification of phytosanitary measures during a suitable period of growth of a crop.


5.   The priority sectors or sub-sectors of each Party for which a consultation process as referred to in paragraph 3 of this Article may be initiated, are to be set out, where appropriate in order of priority, in Appendix 13-E-1. The Sub-Committee referred to in Article 13.16 may recommend that the Joint Council amend that list, including the order of priority.


6.   The importing Party may withdraw or suspend a recognition of equivalence on the basis of an amendment by one of the Parties of measures affecting the equivalence concerned, provided that the following procedures are followed:






(a)


in accordance with Article 13.13, the exporting Party shall inform the importing Party of any proposed amendment to a measure of the exporting Party for which equivalence is recognised and the likely effect of the proposed amendment on that equivalence; within 30 working days of the receipt of that information, the importing Party shall inform the exporting Party whether that equivalence would continue to be recognised on the basis of the proposed amendment; and










(b)


in accordance with Article 13.13, the importing Party shall inform the exporting Party of any proposed amendment to a measure of the importing Party on which a recognition of equivalence has been based and the likely effect of the proposed amendment on that recognition of equivalence; if the importing Party does not continue to recognise that equivalence, the Parties may jointly establish the conditions for reinitiating the process referred to in paragraph 3 of this Article on the basis of the proposed amendment.






7.   Without prejudice to Article 13.15, the importing Party shall not withdraw or suspend a recognition of equivalence before the proposed amendment of either Party enters into force.


8.   The recognition of equivalence, or the withdrawal or suspension of a recognition of equivalence, rests solely with the importing Party acting in accordance with its administrative and legislative framework including, as regards plants, plant products and other goods, appropriate communications in accordance with the FAO International Standard for Phytosanitary Measures 13 ‘Guidelines for the notification of non-compliances and emergency action’ and other international standards for phytosanitary measures, as appropriate. The importing Party shall provide the exporting Party with a full explanation in writing and the supporting data in respect of the determinations and decisions covered by this Article. In case of non-recognition of equivalence, or withdrawal or suspension of a recognition of equivalence, the importing Party shall inform the exporting Party of the conditions for reinitiating the process referred to in paragraph 3.



Article 13.9

Transparency and trade conditions


1.   The Parties shall apply general import conditions. Without prejudice to the decisions taken in accordance with Article 13.7, the import conditions of the importing Party shall be applicable to the territory of the exporting Party. In accordance with Article 13.13, the importing Party shall inform the exporting Party of its SPS import requirements. That information shall include, as appropriate, the models for any official certificates or attestations required by the importing Party.


2.   Each Party shall, for the notification of amendments or proposed amendments to the conditions referred to in paragraph 1 of this Article, comply with Article 7 of and Annex B to the SPS Agreement and subsequent decisions adopted by the WTO Committee on Sanitary and Phytosanitary Measures. Without prejudice to Article 13.15, the importing Party shall take into account the transport time between the territories of the Parties when establishing the date of entry into force of any amendments to the conditions referred to in paragraph 1 of this Article.


3.   If the importing Party fails to comply with the notification requirements referred to in paragraph 2, it shall continue to accept, for 30 days after the date of entry into force of the amendment concerned, any official certificate or attestation guaranteeing the import conditions applicable prior to that amendment.


4.   When Chile grants market access to one or more sectors or sub-sectors of the EU Party in accordance with the conditions referred to in paragraph 1, Chile shall approve any subsequent export requests submitted by the Member States on the basis of a comprehensive dossier of information available to the European Commission, known as the Country profile, unless Chile, in limited specific circumstances and when deemed appropriate, requests additional information.


5.   Within 90 days of a recognition of equivalence in accordance with Article 13.8, a Party shall take the legislative and administrative measures necessary to implement that recognition of equivalence in order to allow trade between the Parties in sectors and sub-sectors in which the importing Party recognises all SPS measures of the exporting Party as equivalent. For the animals, animal products, plants, plant products and other products covered by the SPS measures concerned, the model for the official certificate or official document required by the importing Party may be replaced by a certificate as provided for in Annex 13-H.


6.   For the products referred to in paragraph 5 in sectors or sub-sectors for which one or some but not all measures are recognised as equivalent, the Parties shall continue trade between them on the basis of compliance with the conditions referred to in paragraph 1. On request of the exporting Party, paragraph 7 shall apply.


7.   For the purposes of this Chapter, the importing Party shall not subject imports of products of the other Party to import licences.


8.   As regards general import conditions affecting trade between the Parties, the Parties shall, on request of the exporting Party, enter into consultations in accordance with Article 13.14, in order to establish alternative or additional import conditions of the importing Party. The Parties shall, if appropriate, base those alternative or additional import conditions on measures of the exporting Party recognised as equivalent by the importing Party. If the Parties agree on alternative or additional import conditions, the importing Party shall, within 90 days of their establishment, take the legislative or administrative measures necessary to allow imports on that basis.


9.   As regards imports of animals, animal products, products of animal origin and animal by-products, the importing Party shall, on request of the exporting Party accompanied by the appropriate guarantees, approve, without prior inspection, and in accordance with Annex 13-D, establishments which are situated on the territory of the exporting Party. Unless the exporting Party requests additional information, the importing Party shall, within 30 working days of the receipt of the request for approval accompanied by the appropriate guarantees, take the legislative or administrative measures necessary to allow imports on that basis.


10.   The initial list of establishments shall be approved by a Party in accordance with Annex 13-D.


11.   On request of a Party, the other Party shall provide a full explanation and supporting data for the determinations and decisions covered by this Article.



Article 13.10

Certification procedures


1.   For the purposes of certification procedures, the Parties shall comply with the principles and criteria set out in Annex 13-H.


2.   A Party shall issue the certificates or official documents referred to in paragraphs 1, 5 and 6 of Article 13.9 as set out in Annex 13-H.


3.   The Sub-Committee referred to in Article 13.16 may recommend that the Joint Committee or Joint Council adopt a decision establishing rules to be followed in the case of electronic certification, or withdrawal or replacement of certificates.



Article 13.11

Verification


1.   For the purposes of the effective implementation of this Chapter, each Party shall have the right:






(a)


to carry out, in accordance with the guidelines set out in Annex 13-F, a verification of all or a part of the total control programme of the competent authorities of the other Party; the expenses of that verification shall be borne by the Party carrying out the verification;










(b)


as from a date to be determined by the Parties, to request from the other Party all or a part of that Party's total control programme and a report concerning the results of the controls carried out under that programme; and










(c)


for laboratory tests related to products of animal origin, to request the participation of the other Party in the periodical inter-comparative test programme for specific tests organised by the reference laboratory of the requesting Party; the costs related to that participation shall be borne by the participating Party.






2.   Each Party may share the results and conclusions of its verifications with third countries and make them publicly available.


3.   The Sub-Committee referred to in Article 13.16 may recommend that the Joint Council amends Annex 13-F, taking due account of relevant work carried out by international organisations.


4.   The results of the verifications referred to in this Article may contribute to measures by a Party or the Parties referred to in Articles 13.6 to 13.9 and 13.12.



Article 13.12

Import checks and inspection fees


1.   Import checks conducted by the importing Party on consignments from the exporting Party shall respect the principles set out in Annex 13-G. The results of those checks may contribute to the verification process referred to in Article 13.11.


2.   The frequency rates of physical import checks applied by each Party are set out in Annex 13-G. The Sub-Committee referred to in Article 13.16 may recommend that the Joint Council amend Annex 13-G.


3.   A Party may deviate from the frequency rates set out in Annex 13-G, within its competences and in accordance with its laws and regulations, as a result of progress made in accordance with Articles 13.8 and 13.9, or as a result of verifications, consultations or other measures provided for in this Chapter.


4.   Inspection fees shall not exceed the costs incurred by the competent authority for performing import checks and shall be equitable in relation to fees charged for the inspection of similar domestic products.


5.   The importing Party shall inform the exporting Party of any amendment, including the reasons for that amendment, to the measures affecting import checks and inspection fees and of any significant changes in the administrative procedure for those checks.


6.   For the products referred to in Article 13.9(5), the Parties may agree to reciprocally reduce the frequency of physical import checks.


7.   The Sub-Committee may recommend to the Joint Council the conditions for approval of each Party's import checks with a view to adapting their frequency or replacing them, to be applicable as of a certain date. Those conditions shall be included in Annex 13-G by a decision of the Joint Council. As from that date, the Parties may approve each other's import checks for certain products with a view to reducing their frequency or replacing them.



Article 13.13

Information exchange


1.   The Parties shall exchange information relevant to the implementation of this Chapter on a systematic basis with a view to developing standards, providing assurance, engendering mutual confidence and demonstrating the effectiveness of the programmes controlled. If appropriate, the exchange of information may include exchange of officials.


2.   The Parties shall also exchange information on other relevant topics, including:






(a)


significant events concerning products covered by this Chapter, including the information exchange provided for in Articles 13.8 and 13.9;










(b)


the results of the verification procedures provided for in Article 13.11;










(c)


the results of the import checks provided for in Article 13.12 in the case of rejected or non-compliant consignments of animals and animal products;










(d)


scientific opinions relevant to this Chapter and produced under the responsibility of a Party; and










(e)


rapid alerts relevant to trade within the scope of this Chapter.






3.   A Party shall submit scientific papers or data to the relevant scientific forum to substantiate any views or claims made in respect of a matter arising under this Chapter for evaluation in a timely manner. The results of that evaluation shall be made available to the Parties.


4.   When the information referred to in this Article has been made available by a Party by notification to the WTO in accordance with Article 7 of and Annex B to the SPS Agreement, or on its official, publicly accessible and fee-free website, the information provided for in this Article shall be considered as exchanged.


5.   For pests of known and immediate danger to a Party, direct communication to that Party shall be made by mail or e-mail. The Parties shall follow the guidance provided by the FAO International Standard for Phytosanitary Measures 17 ‘Pest reporting’.


6.   The Parties shall exchange the information referred to in this Article via e-mail, fax or mail.



Article 13.14

Notification and consultations


1.   A Party shall, within two working days of any serious or significant human, animal or plant health risk, including food control emergencies or situations where there is a clearly identified risk of serious health effects associated with the consumption of animal or plant products, notify the other Party of that risk and in particular of the following:






(a)


measures affecting regionalisation decisions as referred to in Articles 13.7;










(b)


the presence or evolution of an animal disease or pest listed in Annex 13-B;










(c)


findings of epidemiological importance or important associated risks with respect to animal diseases and pests which are not listed in Annex 13-B, or which are new animal diseases or pests; and










(d)


additional measures beyond the basic requirements of their respective measures taken to control or eradicate animal diseases or pests or to protect public health, and any changes in prophylactic policies, including vaccination policies.






2.   Where a Party has serious concerns regarding a risk to human, animal or plant health, that Party may request consultations with the other Party regarding the situation. Those consultations shall take place as soon as possible and, in any case, within 13 working days of the request. In those consultations, each Party shall endeavour to provide all the information necessary to avoid a disruption in trade, and to reach a mutually acceptable solution consistent with the protection of human, animal or plant health.


3.   A Party may request that the consultations referred to in paragraph 2 of this Article shall be held by video or audio conference. The requesting Party shall prepare the minutes of the consultations, which shall be subject to approval by the Parties. For the purposes of that approval, Article 13.13(6) applies.



Article 13.15

Safeguard clause


1.   If the exporting Party takes domestic measures to control a cause likely to constitute a serious risk to human, animal or plant health, that Party shall, without prejudice to paragraph 2, take equivalent measures to prevent the introduction of the risk into the territory of the importing Party.


2.   The importing Party may, on the grounds of serious risk to human, animal or plant health, take provisional measures necessary for the protection of human, animal or plant health. For consignments that are in transport between the Parties when such provisional measures apply, the importing Party shall consider the most suitable and proportionate solution to avoid unnecessary disruptions to trade.


3.   The Party taking measures as referred to in this Article shall notify the other Party thereof within one working day of the decision to implement those measures. Upon request of a Party and in accordance with Article 13.14(2), the Parties shall hold consultations regarding the situation within 13 working days of the notification. The Parties shall take due account of any information provided during those consultations and shall endeavour to avoid unnecessary disruptions to trade, considering, if applicable, the outcome of consultations under Article 13.14(2).



Article 13.16

Sub-Committee on Sanitary and Phytosanitary Measures


1.   The Sub-Committee on Sanitary and Phytosanitary Measures (‘Sub-Committee’), established pursuant to Article 8.8(1), shall be composed of representatives of the Parties with responsibility for SPS matters.


2.   The Sub-Committee shall:






(a)


monitor the implementation and consider matters relating to this Chapter, and examine all matters which may arise in relation to its implementation; and










(b)


make recommendations to the Joint Council for amendments to Annexes pursuant to subparagraph (a) of Article 8.5(1), in particular in the light of progress made under the consultations and procedures provided for in this Chapter.






3.   The Sub-Committee shall agree on the actions to take in pursuing the objectives of this Chapter. The Sub-Committee shall establish objectives and milestones for those actions. The Sub-Committee shall evaluate the results of those actions.


4.   The Sub-Committee may recommend that the Joint Council or Joint Committee, pursuant to Article 40.3(3), establish technical working groups, as appropriate, consisting of expert-level representatives of each Party, which shall identify and address technical and scientific issues arising from the application of this Chapter.


5.   The Sub-Committee may recommend that the Joint Council or Joint Committee adopt a decision on specific rules of procedures for this Sub-Committee in view of the specificity of SPS matters.



Article 13.17

Cooperation in multilateral fora


1.   The Parties shall promote cooperation in multilateral fora relevant to SPS matters, in particular in international standard-setting organisations recognised in the framework of the SPS Agreement.


2.   The Sub-Committee established in Article 13.16 shall be the relevant forum for exchange of information and cooperation on matters referred to in paragraph 1 of this Article.



Article 13.18

Cooperation on food safety, animal health and plant protection science


1.   The Parties shall endeavour to facilitate scientific cooperation between bodies of the Parties responsible for scientific evaluation in the areas of food safety, animal health and plant protection.


2.   The Sub-Committee may recommend that the Joint Council or Joint Committee, pursuant to Article 40.3(3), establish a technical working group on scientific cooperation as referred to in paragraph 1 of this Article (‘the working group’), consisting of expert-level representatives of the scientific bodies referred to in paragraph 1 of this Article, appointed by each Party.


3.   The Joint Council or Joint Committee establishing the working group shall define the mandate, scope and work programme of that working group.


4.   The working group may exchange information, including on:






(a)


scientific and technical information; and










(b)


data collection.






5.   The work carried out by the working group shall not affect the independence of the national or regional agencies of each Party.


6.   Each Party shall ensure that the representatives appointed pursuant to paragraph 2 are not affected by conflicts of interest under that Party's law.



Article 13.19

Territorial application for the EU Party


1.   By way of derogation from Article 41.2, for the EU Party this Chapter applies to the territories of Member States as laid down in Annex I to Regulation (EU) 2017/625 of the European Parliament and of the Council (16), and as regards plants, plant products and other goods, as laid down in Article 1(3) of Regulation (EU) 2016/2031 of the European Parliament and of the Council (17).


2.   The Parties understand that as regards the territory of the European Union, its specificity shall be taken into account and the European Union shall be recognised as a single entity.





CHAPTER 14



COOPERATION ON SUSTAINABLE FOOD SYSTEMS



Article 14.1

Objective

The objective of this Chapter is to establish close cooperation between the Parties to engage in the transition towards sustainability of their respective food systems. The Parties recognise the importance of strengthening policies and defining programmes that contribute to the development of sustainable, inclusive, healthy and resilient food systems and of the role of trade in pursuing that objective.


Article 14.2

Scope


1.   This Chapter applies to cooperation between the Parties to improve the sustainability of their respective food systems.


2.   This Chapter sets out provisions for cooperation on specific aspects of sustainable food systems, including:






(a)


the sustainability of the food chain and reduction of food loss and waste;










(b)


the fight against food fraud in the food chain;










(c)


animal welfare;










(d)


the fight against antimicrobial resistance; and










(e)


the reduction of the use of fertilizers and chemical pesticides for which a risk assessment has shown that they cause unacceptable risks to health or the environment.






3.   This Chapter also applies to the cooperation of the Parties in multilateral fora.


4.   This Chapter applies without prejudice to the application of other Chapters related to food systems or to sustainability, in particular Chapters 13, 16 and 33.



Article 14.3

Definitions


1.   For the purposes of this Chapter:






(a)


‘food chain’ means all the steps from primary production to sale to the final consumer, including production, processing, manufacturing, transport, import, storage, distribution and sale to the final consumer;










(b)


‘primary production’ means the production, rearing or growing of primary products, including harvesting, milking and farm animal production prior to slaughter, as well as hunting and fishing and the harvesting of wild products; and










(c)


‘sustainable food system’ means a food system that provides safe, nutritious and sufficient food for all without compromising the economic, social and environmental bases required to generate food security and nutrition for future generations; such a sustainable food system:






(i)


is profitable (economic sustainability);










(ii)


has broad-based benefits for society (social sustainability); and










(iii)


has a positive or neutral impact on the natural environment, including on climate change (environmental sustainability).











Article 14.4

Sustainability of the food chain and reduction in food loss and waste


1.   The Parties recognise the interlinkage between current food systems and climate change. The Parties shall cooperate to reduce the adverse environmental and climate effects of food systems as well as to strengthen their resilience.


2.   The Parties recognise that food loss and waste have a negative impact on the social, economic and environmental dimensions of food systems.


3.   The Parties shall cooperate in areas which may include:






(a)


sustainable food production, including agriculture, the improvement of animal welfare, the promotion of organic farming and the reduction of the use of antimicrobials, fertilizers and chemical pesticides for which a risk assessment shows that they pose an unacceptable risk to health or the environment;










(b)


sustainability of the food chain, including food production, processing methods and practices;










(c)


healthy and sustainable diets, reducing the carbon footprint of consumption;










(d)


decrease of the greenhouse gas emissions of food systems, increase of carbon sinks, and the reversal of biodiversity loss;










(e)


innovation and technologies that contribute to adaptation and resilience to the impacts of climate change;










(f)


development of contingency plans to ensure security of food supply in times of crisis; and










(g)


reduction of food loss and waste in line with the Sustainable Development Goal 12, target 12.3, as defined in the 2030 Agenda.






4.   Cooperation pursuant to this Article may include exchange of information, expertise and experiences, as well as cooperation in research and innovation.



Article 14.5

Fight against fraud in the food chain


1.   The Parties recognise that fraud may affect the safety of the food chain, jeopardise the sustainability of food systems and undermine fair commercial practice, consumer confidence and the resilience of food markets.


2.   The Parties shall cooperate to detect and avoid fraud in the food chain by:






(a)


exchanging information and experiences to improve the detection and countering of fraud in the food chain; and










(b)


providing assistance necessary to gather evidence of practices that are or appear to be non-compliant with their rules, or that pose a risk to human, animal or plant health or to the environment, or that mislead customers.







Article 14.6

Animal welfare


1.   The Parties recognise that animals are sentient beings and that the use of animals in food production systems comes with a responsibility for their wellbeing. The Parties shall respect trade conditions for farmed animals and animal products that are aimed to protect animal welfare.


2.   The Parties aim to reach a common understanding on the international animal welfare standards of the World Organisation for Animal Health (‘WOAH’).


3.   The Parties shall cooperate on the development and implementation of animal welfare standards on the farm, during transport, and at slaughter and killing of animals, in accordance with their law.


4.   The Parties shall strengthen their research collaboration in the area of animal welfare to further develop science-based animal welfare standards.


5.   The Sub-Committee referred to in Article 14.8 may address other matters in the area of animal welfare.


6.   The Parties shall exchange information, expertise and experiences in the area of animal welfare.


7.   The Parties shall cooperate in WOAH and may cooperate in other international fora, with the aim of promoting further development of animal welfare standards and best practices and their implementation.


8.   Pursuant to Article 40.3(3), the Joint Council or Joint Committee may establish a technical working group to support the Sub-Committee referred to in Article 14.8 in the implementation of this Article.



Article 14.7

Fight against antimicrobial resistance


1.   The Parties recognise that antimicrobial resistance is a serious threat to human and animal health and that the use, especially the misuse and overuse of antimicrobials in animals, contributes to the overall development of antimicrobial resistance and represents a major risk to public health. The Parties recognise that the nature of the threat requires a transnational approach.


2.   Each Party shall phase out the use of antimicrobial medicinal products as growth promoters.


3.   Each Party shall, in accordance with the One Health approach:






(a)


have regard to existing and future guidelines, standards, recommendations and actions developed in relevant international organisations in the development of initiatives and national plans aiming to promote the prudent and responsible use of antimicrobials in animal production and in veterinary practice;










(b)


promote, where the Parties jointly so decide, responsible and prudent use of antimicrobials, including reducing the use of antimicrobials in animal production and phasing out the use of antimicrobials as growth promoters in animal production; and










(c)


support the development and implementation of international action plans on the fight against antimicrobial resistance, if the Parties consider that appropriate.






4.   Pursuant to Article 40.3(3), the Joint Council or Joint Committee may establish a technical working group to support the Sub-Committee referred to in Article 14.8 in the implementation of this Article.



Article 14.8

Sub-Committee on Sustainable Food Systems


1.   The Sub-Committee on Sustainable Food Systems (‘Sub-Committee’), established pursuant to Article 8.8(1), shall be composed of representatives of the Parties with responsibility for sustainable food systems.


2.   The Sub-Committee shall monitor the implementation of this Chapter and examine all matters which arise in relation to its implementation.


3.   The Sub-Committee shall agree on the actions to take in pursuing the objectives of this Chapter. The Sub-Committee shall establish objectives and milestones for those actions and monitor the Parties' progress in establishing sustainable food systems. The Sub-Committee shall every period evaluate the results of the implementation of those actions.


4.   The Sub-Committee may recommend to the Joint Council or Joint Committee, pursuant to Article 40.3(3), the establishment of technical working groups consisting of expert-level representatives of each Party in order to identify and address technical and scientific issues arising from the application of this Chapter.


5.   The Sub-Committee shall recommend that the Joint Committee establish rules to mitigate potential conflicts of interest for the participants of the meetings of the Sub-Committee and those of any technical working group referred to in this Chapter. The Joint Committee shall adopt a decision establishing those rules.



Article 14.9

Cooperation in multilateral fora


1.   The Parties shall cooperate, as appropriate, in multilateral fora to foster the global transition towards sustainable food systems that contribute to the achievement of internationally agreed objectives on the environment, nature and climate protection.


2.   The Sub-Committee shall be the forum to exchange information and cooperate in the matters covered by paragraph 1 of this Article.



Article 14.10

Additional provisions


1.   The activities of the Sub-Committee shall not affect the independence of the national or regional agencies of the Parties.


2.   Nothing in this Chapter shall affect the rights or obligations of each Party to protect confidential information, in accordance with the law of each Party. When a Party submits information considered confidential under its law to the other Party pursuant to this Chapter, that other Party shall treat that information as confidential, unless the submitting Party agrees otherwise.


3.   Fully respecting each Party's right to regulate, nothing in this Chapter shall be construed as obliging a Party to:






(a)


modify its import requirements;










(b)


deviate from domestic procedures on the preparation and adoption of regulatory measures;










(c)


take action that would undermine or impede the timely adoption of regulatory measures to achieve public policy objectives; or










(d)


adopt any particular regulatory outcome.









CHAPTER 15



ENERGY AND RAW MATERIALS



Article 15.1

Objective

The objective of this Chapter is to promote dialogue and cooperation in the energy and raw materials sectors to the mutual benefit of the Parties, to foster sustainable and fair trade and investment ensuring a level playing field in those sectors, and to strengthen the competitiveness of related value chains, including value addition, in accordance with this Agreement.


Article 15.2

Principles


1.   Each Party retains the sovereign right to determine whether areas within its territory, as well as in the exclusive economic zone, are available for exploration, production and transportation of energy goods and raw materials.


2.   In accordance with this Chapter, the Parties reaffirm their right to regulate within their respective territories in order to achieve legitimate policy objectives in the areas of energy and raw materials.



Article 15.3

Definitions

For the purposes of this Chapter and Annexes 15-A and 15-B:






(a)


‘authorisation’ means the permission, licence, concession or similar administrative or contractual instrument by which the competent authority of a Party entitles an entity to exercise a certain economic activity in its territory in compliance with the requirements set out in the authorisation;










(b)


‘balancing’ means all actions and processes, in all timelines, through which system operators ensure, in a continuous way, maintenance of the system frequency within a predefined stability range and compliance with the amount of reserves needed with respect to the required quality;










(c)


‘energy goods’ means the goods from which energy is generated and that are listed by the corresponding HS code in Annex 15-A;










(d)


‘hydrocarbons’ means the goods listed by the corresponding HS code in Annex 15-A;










(e)


‘raw materials’ means: substances used in the manufacture of industrial products, including ores, concentrates, slags, ashes and chemicals; unwrought, processed and refined materials; metal waste; scrap and remelting scrap, listed by the corresponding HS chapter in Annex 15-A;










(f)


‘renewable energy’ means energy produced from solar, wind, hydro, geothermal, biological or ocean sources or other renewable ambient sources;










(g)


‘renewable fuels’ means biofuels, bioliquids, biomass fuels and renewable fuels of non-biological origin, including renewable synthetic fuels and renewable hydrogen;










(h)


‘standards’ means standards within the meaning of Chapter 16;










(i)


‘system operator’ means:






(i)


for the EU Party: a person that is responsible for operating, and ensuring the maintenance and development of, the electricity distribution or transmission system in a given area, and for ensuring the long-term ability of such systems; and










(ii)


for Chile: an independent body responsible for coordinating the operation of interconnected electrical systems, which ensures the efficient economic performance and safety and reliability of the electric system and provides open access to the transmission system; and














(j)


‘technical regulations’ means technical regulations within the meaning of Chapter 16.






Article 15.4

Import and export monopolies

A Party shall not designate or maintain a designated import or export monopoly. For the purposes of this Article, the term ‘import or export monopoly’ means the exclusive right or grant of authority by a Party to an entity to import energy goods or raw materials from, or export energy goods or raw materials to, the other Party (18).


Article 15.5

Export pricing (19)



1.   A Party shall not impose a higher price for exports of energy goods or raw materials to the other Party than the price charged for such goods when destined for the domestic market, by means of any measure, including licences or minimum price requirements.


2.   Notwithstanding paragraph 1 of this Article, Chile may introduce or maintain measures with the objective of fostering value addition by supplying raw materials to industrial sectors at preferential prices so that they can emerge within Chile, provided that such measures satisfy the conditions set out in Annex 15-B.



Article 15.6

Domestic regulated prices


1.   The Parties recognise the importance of competitive energy markets in delivering a wide choice in the supply of energy goods and in enhancing consumer welfare. The Parties also recognise that regulatory needs and approaches may differ between markets.


2.   Further to paragraph 1, each Party shall, in accordance with its laws and regulations, ensure that the supply of energy goods is based on market principles.


3.   A Party may only regulate the price charged for the supply of energy goods by imposing a public service obligation.


4.   If a Party imposes a public service obligation, it shall ensure that such obligation is clearly defined, transparent and non-discriminatory, and does not go beyond what is necessary to achieve the objectives of the public service obligation.



Article 15.7

Authorisation for exploration and production of energy goods and raw materials


1.   Without prejudice to Chapter 20, if a Party requires an authorisation to explore or produce energy goods and raw materials, that Party shall ensure that such authorisation is granted following a public and non-discriminatory procedure (20).


2.   That Party shall publish, inter alia, the type of authorisation, the relevant area or part thereof, and the proposed date or time limit for granting the authorisation, in such a manner as to enable potentially interested applicants to submit applications.


3.   A Party may derogate from paragraph 2 of this Article and Article 20.3 in any of the following cases relating to hydrocarbons:






(a)


the area has been subject to a previous procedure which has not resulted in an authorisation being granted;










(b)


the area is available on a permanent basis for the exploration or production of energy goods and raw materials; or










(c)


an authorisation granted has been relinquished before its expiration date.






4.   Each Party may require an entity which has been granted an authorisation to pay a financial contribution or a contribution in kind. The financial contribution or contribution in kind shall be fixed in such a manner as to not interfere with the management and the decision-making process of such entity.


5.   Each Party shall ensure that the applicant, where its application is rejected, is provided with the reasons for the rejection so as to enable that applicant to have recourse to procedures for appeal or review where necessary. The procedures for appeal or review shall be made public in advance.



Article 15.8

Assessment of environmental impact


1.   A Party shall ensure that an assessment of environmental impact (21) is carried out prior to granting authorisation for a project or activity relating to energy or raw materials that may have a significant impact on population, human health, biodiversity, land, soil, water, air or climate, or cultural heritage or landscape. That assessment shall identify and assess such significant impacts.


2.   Each Party shall ensure that relevant information is available to the public as part of the process for the assessment of environmental impact, and shall provide time and opportunity to the public to participate in that process and to submit comments.


3.   Each Party shall publish and take into account the findings of the assessment of environmental impact prior to granting the authorisation for the project or activity.



Article 15.9

Third-party access to energy transport infrastructure


1.   Each Party shall ensure that system operators in its territory grant non-discriminatory access to the energy infrastructure for the transport of electricity to any entity of a Party. To the furthest extent possible, access to the electricity transport infrastructure shall be granted within a reasonable period of time of the date of the request for access by that entity.


2.   Each Party shall enable, in accordance with its laws and regulations, an entity of a Party to access and use the electricity transport infrastructure for the transport of electricity on reasonable and non-discriminatory terms and conditions, including non-discrimination between types of electricity sources, and at cost-reflective tariffs. Each Party shall publish the terms and conditions for the access to, and use of, the electricity transport infrastructure.


3.   Notwithstanding paragraph 1, a Party may introduce or maintain in its laws and regulations specific derogations from the right to third-party access on the basis of objective criteria provided that they are necessary to fulfil a legitimate policy objective. Such derogations shall be published before they start to apply.


4.   The Parties recognise the relevance of the rules set out in paragraphs 1, 2 and 3 also to gas infrastructure. A Party that does not apply such rules with regard to gas infrastructure shall endeavour to do so, in particular with regard to transport of renewable fuels, while acknowledging differences in market maturity and organisation.



Article 15.10

Access to infrastructure for suppliers of electricity produced from renewable energy sources


1.   Without prejudice to Articles 15.7, 15.9 and 15.11, each Party shall ensure that renewable energy suppliers of the other Party are accorded access to, and use of, the electricity network for renewable electricity generation facilities located within its territory on reasonable and non-discriminatory terms and conditions.


2.   For the purposes of paragraph 1, each Party shall ensure, in accordance with its laws and regulations, that its transmission undertakings and system operators, with respect to renewable electricity suppliers of the other Party:






(a)


enable a connection between new renewable electricity generation facilities and the electricity network without imposing discriminatory terms and conditions;










(b)


enable the reliable use of the electricity network;










(c)


provide balancing services; and










(d)


ensure that appropriate grid and market-related operational measures are in place in order to minimise the curtailment of electricity produced from renewable energy sources.






3.   Paragraph 2 is without prejudice to each Party's legitimate right to regulate within its territory in order to achieve legitimate policy objectives, such as the need to maintain the secure operation and stability of the electricity system, based on objective and non-discriminatory criteria.



Article 15.11

Independent body


1.   Each Party shall maintain or establish a functionally independent body or bodies that:






(a)


fix or approve the terms and conditions and tariffs for access to, and use of, the electricity network; and










(b)


resolve disputes regarding appropriate terms and conditions and tariffs for access to, and use of, the electricity network within a reasonable period of time.






2.   In performing their duties and exercising their powers set out in paragraph 1, the body or bodies shall act transparently and impartially with regard to users, owners and system operators of the electricity network.



Article 15.12

Cooperation on standards


1.   With a view to preventing, identifying and eliminating unnecessary technical barriers to trade in energy goods and raw materials, Chapter 16 applies to those goods and materials.


2.   In accordance with Articles 16.4 and 16.6, the Parties shall, as appropriate, promote cooperation between their relevant regulatory and standardising bodies in areas such as energy efficiency, sustainable energy and raw materials, with a view to contributing to trade, investment, and sustainable development, inter alia, through:






(a)


the convergence or harmonisation, if possible, of their respective current standards, based on mutual interest and reciprocity, and in line with modalities to be agreed by the regulators and the standardising bodies concerned;










(b)


joint analyses, methodologies and approaches, if possible, to assist and facilitate the development of relevant tests and measurement standards, in cooperation with their relevant standardising bodies;










(c)


the development of common standards, if possible, on energy efficiency and renewable energy; and










(d)


the promotion of standards on raw materials, renewable energy generation and energy efficiency equipment, including product design and labelling, if appropriate, through existing international cooperation initiatives.






3.   For the purposes of implementing this Chapter, the Parties aim to encourage the development and use of open standards and interoperability of networks, systems, devices, applications or components in the energy and raw materials sectors.



Article 15.13

Research, development and innovation

The Parties recognise that research, development and innovation are key elements to further develop efficiency, sustainability and competitiveness in the energy and raw materials sectors. The Parties shall cooperate, as appropriate, inter alia, in:






(a)


promoting the research, development, innovation and dissemination of environmentally sound and cost-effective technologies, processes and practices in the areas of energy and raw materials;










(b)


promoting value addition, to the mutual benefit of the Parties, and enhancement of productive capacity in energy and raw materials; and










(c)


strengthening capacity building in the context of research, development and innovation initiatives.






Article 15.14

Cooperation on energy and raw materials


1.   The Parties shall cooperate, as appropriate, in the areas of energy and raw materials with a view to, inter alia:






(a)


reducing or eliminating measures that in themselves or together with other measures could distort trade and investment, including measures of a technical, regulatory or economic nature affecting energy or raw materials sectors;










(b)


discussing, whenever possible, their positions in international fora where relevant trade and investment issues are discussed, and fostering international programmes in the areas of energy efficiency, renewable energy and raw materials; and










(c)


promoting responsible business conduct in accordance with international standards that have been endorsed or are supported by the Parties, such as the OECD Guidelines for Multinational Enterprises and, in particular, Chapter IX thereof on Science and Technology.






2.   The Parties recognise the need to accelerate the deployment of renewable and low carbon energy sources, increase energy efficiency and promote innovation, and to ensure access to safe, sustainable and affordable energy. The Parties shall cooperate on any relevant issue of mutual interest, such as:






(a)


renewable energy, in particular with regard to technologies, integration into and access to the electricity system, storage and flexibility, and the whole renewable hydrogen supply chain;










(b)


energy efficiency, including regulation, best practices, and efficient and sustainable heating and cooling systems;










(c)


electromobility and charging infrastructure deployment; and










(d)


open and competitive energy markets.






3.   The Parties recognise their shared commitment to responsible sourcing and sustainable production of raw materials, and their mutual interest in facilitating the integration of raw materials value chains. The Parties shall cooperate on any relevant issue of mutual interest, such as:






(a)


responsible mining practices and sustainability of raw materials value chains, including the contribution of raw materials value chains to the fulfilment of the UN Sustainable Development Goals;










(b)


raw materials value chains, including value addition; and










(c)


identification of areas of mutual interest for cooperation on research, development and innovation activities covering the entire raw materials value chain, including cutting-edge technologies, smart mining and digital mines.






4.   When developing cooperation activities, the Parties shall take into account available resources. Activities may be carried out in person or by any technological means available to the Parties.


5.   Cooperation activities may be developed and implemented with the participation of international organisations, global fora and research institutions, as agreed between the Parties.


6.   The Parties shall, as appropriate when implementing this Article, foster proper coordination with regard to the implementation of Articles 4.5 and 5.2.



Article 15.15

Energy transition and renewable fuels


1.   For the purpose of implementing this Chapter, the Parties recognise the important contribution of renewable fuels, inter alia, renewable hydrogen, including their derivatives, and renewable synthetic fuels, in reducing greenhouse gas emissions to address climate change.


2.   In accordance with Article 15.12(2), the Parties shall, as appropriate, cooperate on convergence or harmonisation, if possible, of certification schemes for renewable fuels, such as schemes with regard to lifecycle emissions and safety standards.


3.   Regarding renewable fuels, the Parties shall also cooperate with a view to:






(a)


identifying, reducing and eliminating, as appropriate, measures that may distort bilateral trade, including measures of a technical, regulatory and economic nature;










(b)


fostering initiatives that facilitate bilateral trade to promote the production of renewable hydrogen; and










(c)


promoting the use of renewable fuels considering their contribution to the reduction of greenhouse gas emissions.






4.   The Parties shall, as appropriate, encourage the development and implementation of international standards and regulatory cooperation with respect to renewable fuels, and cooperate in relevant international fora with a view to developing relevant certification schemes that avoid the emergence of unjustified barriers to trade.



Article 15.16

Exception for small and isolated electricity systems


1.   For the purpose of implementing this Chapter, the Parties recognise that their laws and regulations may provide for special regimes for small and isolated electricity systems.


2.   Pursuant to paragraph 1, a Party may maintain, adopt or enforce measures with regard to small and isolated electricity systems that derogate from Articles 15.6, 15.7, 15.9, 15.10 and 15.11, provided that such measures do not constitute disguised restrictions to trade or investment between the Parties.



Article 15.17

Sub-Committee on Trade in Goods


1.   The Sub-Committee on Trade in Goods (‘Sub-Committee’), established pursuant to Article 8.8(1), shall be responsible for the implementation of this Chapter and Annexes 15-A and 15-B. The functions set out in subparagraphs (a), (c), (d) and (e) of Article 9.18 apply to this Chapter, mutatis mutandis.


2.   Consistent with Articles 15.12, 15.13, 15.14 and 15.15, the Sub-Committee may recommend that the Parties establish or facilitate other means of cooperation between them in the areas of energy and raw materials.


3.   If mutually agreed by the Parties, the Sub-Committee shall meet in sessions dedicated to the implementation of this Chapter. When preparing such sessions, each Party may consider, as appropriate, inputs from relevant stakeholders or experts.


4.   Each Party shall designate a contact point to facilitate the implementation of this Chapter, including by ensuring the appropriate involvement of representatives of a Party, notify the other Party of its contact details and promptly notify the other Party of any changes to those contact details. For Chile, the contact point shall be a representative of the Under-Secretariat of International Economic Relations of the Ministry of Foreign Affairs or its successor.





CHAPTER 16



TECHNICAL BARRIERS TO TRADE



Article 16.1

Objective

The objective of this Chapter is to enhance and facilitate trade in goods between the Parties by preventing, identifying and eliminating unnecessary technical barriers to trade and by promoting greater regulatory cooperation.


Article 16.2

Scope


1.   This Chapter applies to the preparation, adoption and application of all standards, technical regulations and conformity assessment procedures as defined in Annex 1 of the TBT Agreement which may affect trade in goods between the Parties.


2.   Notwithstanding paragraph 1, this Chapter does not apply to:






(a)


purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies which are covered by Chapter 28; or










(b)


sanitary and phytosanitary measures which are covered by Chapter 13.







Article 16.3

Incorporation of certain provisions of the TBT Agreement

Articles 2 to 9 and Annexes 1 and 3 of the TBT Agreement are incorporated into and made part of this Agreement, mutatis mutandis.


Article 16.4

International standards


1.   International standards developed by the organisations listed in Annex 16-A shall be considered to be the relevant international standards within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement, provided that in their development those organisations have complied with the principles and procedures set out in the Decision of the WTO Committee on Technical Barriers to Trade on Principles for the Development of International Standards, Guides and Recommendations with Relation to Articles 2, 5 and Annex 3 of the TBT Agreement (22).


2.   On request of a Party, the Joint Council may adopt a decision to amend Annex 16-A, pursuant to subparagraph (a) of Article 8.5(1).



Article 16.5

Technical regulations


1.   The Parties recognise the importance of carrying out, in accordance with each Party's respective rules and procedures, a regulatory impact assessment of planned technical regulations.


2.   Each Party shall assess the available regulatory and non-regulatory alternatives to the proposed technical regulation that may fulfil the Party's legitimate objectives, in accordance with Article 2.2 of the TBT Agreement.


3.   Each Party shall use relevant international standards as a basis for its technical regulations except when the Party developing the technical regulation can demonstrate that such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued.


4.   If a Party does not use international standards as a basis for a technical regulation, it shall, on request of the other Party, identify any substantial deviation from the relevant international standard and explain the reasons why such standards have been judged an ineffective or inappropriate means for the fulfilment of the objective pursued, and provide the scientific or technical evidence on which that assessment is based.


5.   Further to the obligation of each Party pursuant to Article 2.3 of the TBT Agreement, each Party shall review, in accordance with its respective rules and procedures, its technical regulations with a view to increasing the convergence of those technical regulations with relevant international standards. A Party shall, inter alia, take into account any new development in the relevant international standards and whether the circumstances that have given rise to divergences from any relevant international standard continue to exist.



Article 16.6

Regulatory cooperation


1.   The Parties recognise that a broad range of regulatory cooperation mechanisms exist that can help to eliminate or avoid the creation of technical barriers to trade.


2.   A Party may propose to the other Party sector-specific regulatory cooperation activities in areas covered by this Chapter. Those proposals shall be transmitted to the contact point referred to in Article 16.13, and shall consist of:






(a)


information exchanges on regulatory approaches and practices; or










(b)


initiatives to further align technical regulations and conformity assessment procedures with relevant international standards.




The other Party shall reply to the proposal in a reasonable time.


3.   The contact points referred to in Article 16.13 shall inform the Joint Committee about the cooperation activities carried out pursuant to this Article.


4.   The Parties shall endeavour to exchange and collaborate on mechanisms to facilitate the acceptance of conformity assessment results in order to eliminate unnecessary technical barriers to trade.


5.   The Parties shall encourage cooperation between their respective organisations responsible for technical regulation, standardisation, conformity assessment, accreditation and metrology, whether governmental or non-governmental, with a view to addressing issues covered by this Chapter.


6.   Nothing in this Article shall be construed as requiring a Party to:






(a)


deviate from its procedures for preparing and adopting regulatory measures;










(b)


take actions that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives; or










(c)


achieve a particular regulatory outcome.






7.   For the purposes of this Article and the provisions on cooperation under Annexes 16-A to 16-E, the European Commission shall act on behalf of the EU Party.



Article 16.7

Cooperation on market surveillance, compliance and safety of non-food products


1.   The Parties recognise the importance of cooperation on market surveillance, compliance and the safety of non-food products for the facilitation of trade and for the protection of consumers and other users, and the importance of building mutual trust based on shared information.


2.   For the purposes of this Article:






(a)


‘consumer products’ means goods intended for or likely to be used by consumers, with the exception of food, medical devices and medicinal products; and










(b)


‘market surveillance’ means activities conducted and measures taken by public authorities, including activities conducted and measures taken in cooperation with economic operators, on the basis of procedures of a Party which enable that Party to monitor or address compliance of products with the requirements set out in its laws and regulations or their safety.






3.   To guarantee independent and impartial functioning of market surveillance, each Party shall ensure:






(a)


the separation of market surveillance functions from conformity assessment functions; and










(b)


the absence of any interest that would affect the impartiality of market surveillance authorities in the performance of control or supervision of economic operators.






4.   The Parties may cooperate and exchange information in the area of non-food product safety and compliance, in particular with respect to the following:






(a)


market surveillance and enforcement activities and measures;










(b)


risk assessment methods and product testing;










(c)


coordinated product recalls or other similar actions;










(d)


scientific, technical and regulatory matters, aiming to improve non-food product safety and compliance;










(e)


emerging issues of significant health and safety relevance;










(f)


standardisation-related activities; and










(g)


exchange of officials.






5.   The EU Party may provide Chile with selected information from its Rapid Alert System with respect to consumer products as referred to in Directive 2001/95/EC of the European Parliament and of the Council (23) or its successor, and Chile may provide the EU Party with selected information on the safety of consumer products and on preventive, restrictive and corrective measures taken with respect to consumer products. The information exchange may take the form of:






(a)


non-systematic exchange, in duly justified specific cases, excluding personal data; and










(b)


systematic exchange based on an arrangement established by decision of the Joint Council to be set out in Annex 16-D.






6.   The Joint Council may adopt a decision to establish an arrangement on the regular exchange of information, including by electronic means, on measures taken with respect to non-compliant non-food products, other than those covered by paragraph 5 of this Article, to be set out in Annex 16-E.


7.   Each Party shall use the information obtained pursuant to paragraphs 4, 5 and 6 for the sole purpose of the protection of consumers, health, safety or the environment.


8.   Each Party shall treat the information obtained pursuant to paragraphs 4, 5 and 6 as confidential.


9.   The arrangements referred to in subparagraph (b) of paragraph 5 and in paragraph 6 shall specify the product scope, the type of information to be exchanged, the modalities for the exchange and the application of confidentiality and personal data protection rules.


10.   Pursuant to subparagraph (a) of Article 8.5(1), the Joint Council shall have the power to adopt decisions in order to determine or amend the arrangements set out in Annexes 16-D and 16-E.



Article 16.8

Standards


1.   With a view to harmonising standards on as wide a basis as possible, each Party shall encourage the standardising bodies established within its territory, as well as the regional standardising bodies of which a Party or the standardising bodies established within its territory are members, to:






(a)


participate, within the limits of their resources, in the preparation of international standards by relevant international standardising bodies;










(b)


use relevant international standards as a basis for the standards they develop, except if such international standards would be ineffective or inappropriate, for example because of an insufficient level of protection, fundamental climatic or geographical factors, or fundamental technological problems;










(c)


avoid duplication of, or overlap with, the work of international standardising bodies;










(d)


review, at regular intervals, national and regional standards which are not based on relevant international standards, with a view to increasing their convergence with relevant international standards;










(e)


cooperate with the relevant standardising bodies of the other Party in international standardisation activities, including in the international standardising bodies or at regional level; and










(f)


foster bilateral cooperation between themselves and with the standardising bodies of the other Party.






2.   The Parties should exchange information on:






(a)


their use of standards in support of technical regulations; and










(b)


their standardisation processes and the extent of the use of international, regional or subregional standards as a basis for their national standards.






3.   If standards are made mandatory through incorporation or referencing in a draft technical regulation or conformity assessment procedure, the transparency obligations set out in Article 16.10 of this Agreement and in Articles 2 or 5 of the TBT Agreement shall apply.



Article 16.9

Conformity assessment


1.   The provisions of Article 16.5 with respect to the preparation, adoption and application of technical regulations shall also apply, mutatis mutandis, to conformity assessment procedures.


2.   If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation, it shall:






(a)


select conformity assessment procedures that are proportionate to the risks involved;










(b)


consider, subject to its laws and regulations, the use of a supplier's declaration of conformity as being one of the possible ways of showing compliance with a technical regulation; and










(c)


if requested by the other Party, provide information on the criteria used to select the conformity assessment procedures for specific products.






3.   If a Party requires third-party conformity assessment as a positive assurance that a product conforms with a technical regulation, and has not reserved that task to a governmental authority as specified in paragraph 4, it shall:






(a)


preferentially use accreditation to qualify conformity assessment bodies;










(b)


preferentially use international standards for accreditation and conformity assessment, as well as international agreements involving the Parties' accreditation bodies, for example through the mechanisms of the International Laboratory Accreditation Cooperation (hereinafter referred to as ‘ILAC’) and the International Accreditation Forum (hereinafter referred to as ‘IAF’);










(c)


join or, as applicable, encourage its conformity assessment bodies to join any functioning international agreements or arrangements for harmonisation or facilitation of acceptance of conformity assessment results;










(d)


ensure that, if more than one conformity assessment body has been designated for a particular product or set of products, economic operators can choose which conformity assessment body will carry out the conformity assessment procedure;










(e)


ensure that conformity assessment bodies are independent of manufacturers, importers and economic operators in general and that there are no conflicts of interest between accreditation bodies and conformity assessment bodies;










(f)


allow conformity assessment bodies to use subcontractors to perform testing or inspections in relation to the conformity assessment, including subcontractors located in the territory of the other Party; nothing in this subparagraph shall be construed as prohibiting a Party from requiring subcontractors to meet the same requirements that the conformity assessment body to which it is contracted would be required to meet in order to perform the contracted tests or inspection itself; and










(g)


publish on official websites a list of the bodies that it has designated to perform such conformity assessments and the relevant information on the scope of designation of every such body.






4.   Nothing in this Article shall preclude a Party from requesting that conformity assessment in relation to specific products is performed by its designated governmental authorities. In such cases, the Party shall:






(a)


limit the conformity assessment fees to the approximate cost of the services rendered and, upon request of an applicant for conformity assessment, explain how any fees it imposes for such conformity assessment are limited in amount to the approximate cost of the services rendered; and










(b)


make the conformity assessment fees publicly available or provide them upon request.






5.   Notwithstanding paragraphs 2, 3 and 4 of this Article, in the cases in which the EU Party accepts a supplier's declaration of conformity in the fields listed in Annex 16-B, Chile shall provide for, in accordance with its laws and regulations, an efficient and transparent procedure for the acceptance of certificates and test reports issued by conformity assessment bodies that are located in the territory of the EU Party and that have been accredited by an accreditation body that is a member of the international arrangements for mutual recognition of the ILAC and the IAF as an assurance that a product conforms with the requirements of Chile's technical regulations.


6.   For the purposes of this Article, ‘supplier's declaration of conformity’ means a first-party attestation issued by the manufacturer under the sole responsibility of that manufacturer based on the results of an appropriate type of conformity assessment activity and excluding mandatory third-party assessment, as an assurance that a product conforms to a technical regulation that sets out such conformity assessment procedures.


7.   On request of either Party, the Sub-Committee referred to in Article 16.14 shall review the list of fields in paragraph 1 of Annex 16-B. The Sub-Committee may recommend that the Joint Council amend Annex 16-B, pursuant to subparagraph (a) of Article 8.5(1).



Article 16.10

Transparency


1.   In accordance with its respective rules and procedures and without prejudice to Chapter 36, when developing major technical regulations which may have a significant effect on trade in goods, each Party shall ensure the existence of transparency procedures that allow persons of the Parties to provide input through a public consultation process, except where urgent problems of safety, health, environmental protection or national security or a threat thereof arise.


2.   Each Party shall allow persons of the other Party to participate in the consultation process referred to in paragraph 1 on terms no less favourable than those accorded to its own persons, and make the results of that consultation process public.


3.   Each Party shall allow a period of at least 60 days following its notification to the WTO Central Registry of Notifications of proposed technical regulations and conformity assessment procedures for the other Party to provide written comments, except where urgent problems of safety, health, environmental protection or national security or a threat thereof arise. A Party shall consider any reasonable request from the other Party to extend that comment period.


4.   In the event that the notified text is not in one of the official WTO languages, the notifying Party shall provide a detailed and comprehensive description of the content of the proposed technical regulations and conformity assessment procedures in the WTO notification format.


5.   If a Party receives written comments as referred to in paragraph 3, it shall:






(a)


if requested by the other Party, discuss the written comments with the participation of its competent regulatory authority at a time when they can be taken into account; and










(b)


reply in writing to the comments no later than on the date of publication of the adopted technical regulation or conformity assessment procedure.






6.   Each Party shall endeavour to publish on a website its responses to the written comments referred to in paragraph 3 that it receives from the other Party no later than on the date of publication of the adopted technical regulation or conformity assessment procedure.


7.   A Party shall, if requested by the other Party, provide information regarding the objectives of, and the legal basis and rationale for, a technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.


8.   Each Party shall ensure that the technical regulations and conformity assessment procedures it has adopted are accessible through official websites or online official journals, free of charge.


9.   Each Party shall provide information on the adoption and the entry into force of the technical regulation or conformity assessment procedure and the adopted final text through an addendum to the original notification to the WTO Central Registry of Notifications.


10.   Each Party shall allow a reasonable interval between the publication of the technical regulations and their entry into force, subject to the conditions specified in Article 2.12 of the TBT Agreement. For the purposes of this Article, ‘reasonable interval’ means a period of not less than six months, except when such period would be ineffective for the fulfilment of the legitimate objectives pursued.


11.   A Party shall consider any reasonable request from the other Party, received prior to the end of the comment period referred to in paragraph 3, to extend the period between the publication of the technical regulation and its entry into force, except when the delay would be ineffective for the fulfilment of the legitimate objectives pursued.



Article 16.11

Marking and labelling


1.   The Parties affirm that their technical regulations that include or address exclusively marking or labelling shall observe the principles of Article 2.2 of the TBT Agreement.


2.   Unless it is necessary for the fulfilment of the legitimate objectives referred to in Article 2.2 of the TBT Agreement, a Party that requires mandatory marking or labelling of products shall:






(a)


only require information which is relevant for consumers or users of the product or information that indicates the product's conformity with the mandatory technical requirements;










(b)


not require any prior approval, registration or certification of the markings or labels of products, or any fee disbursement, as a precondition for placing on its market products that otherwise comply with its mandatory technical requirements;










(c)


if it requires the use of a unique identification number by economic operators, issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;










(d)


provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, permit the following:






(i)


information in other languages in addition to the language required in the importing Party of the goods;










(ii)


internationally accepted nomenclatures, pictograms, symbols or graphics; and










(iii)


additional information to that required in the importing Party of the goods;














(e)


accept that labelling, including supplementary labelling or corrections to labelling, takes place in customs warehouses or other designated areas in the country of import as an alternative to labelling in the country of origin, unless such labelling is required to be carried out by approved persons for reasons of public health or safety; and










(f)


endeavour to accept non-permanent or detachable labels, or the inclusion of relevant information in the accompanying documentation, rather than labels physically attached to the product.







Article 16.12

Technical discussions and consultations


1.   A Party may request the other Party to provide information on any matter covered by this Chapter. The other Party shall provide that information within a reasonable period of time.


2.   If a Party considers that any draft or proposed technical regulation or conformity assessment procedure of the other Party might have a significant adverse effect on trade between the Parties, it may request technical discussions regarding its concerns with regard to the measure. The request shall be made in writing and identify:






(a)


the measure;










(b)


the provisions of this Chapter to which the requesting Party's concerns relate; and










(c)


the reasons for the request, including a description of the requesting Party's concerns with regard to the measure.






3.   The Party shall deliver a request pursuant to this Article to the contact point of the other Party designated pursuant to Article 16.13.


4.   On request of a Party, the Parties shall meet to discuss the concerns raised in the request referred to in paragraph 2, in person or via video or teleconference, within 60 days of the date of the request. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter as expeditiously as possible.


5.   If the requesting Party considers the matter to be urgent, it may request the other Party to meet within a shorter timeframe. The other Party shall consider that request.


6.   For greater certainty, this Article is without prejudice to either Party's rights and obligations under Chapter 38.



Article 16.13

Contact points


1.   Each Party shall designate a contact point to facilitate cooperation and coordination under this Chapter and notify the other Party of its contact details. A Party shall promptly notify the other Party of any changes to those contact details.


2.   The contact points shall work jointly to facilitate the implementation of this Chapter and cooperation between the Parties on all matters concerning technical barriers to trade. The contact points shall:






(a)


organise the technical discussions and consultations referred to in Article 16.12;










(b)


promptly address any issue that a Party raises related to the development, adoption, application or enforcement of standards, technical regulations or conformity assessment procedures;










(c)


on request of a Party, arrange discussions on any matter arising under this Chapter; and










(d)


exchange information on developments in non-governmental, regional and multilateral fora related to standards, technical regulations and conformity assessment procedures.






3.   The contact points shall communicate with one another by any agreed method that is appropriate to carry out their functions.



Article 16.14

Sub-Committee on Technical Barriers to Trade

The Sub-Committee on Technical Barriers to Trade (‘Sub-Committee’) established pursuant to Article 8.8(1) shall:






(a)


monitor the implementation and administration of this Chapter;










(b)


enhance cooperation as regards the development and improvement of standards, technical regulations and conformity assessment procedures;










(c)


establish priority areas of mutual interest for future work under this Chapter and consider proposals for new initiatives;










(d)


monitor and discuss developments under the TBT Agreement; and










(e)


take any other steps that the Parties consider will assist them in implementing this Chapter and the TBT Agreement.








CHAPTER 17



INVESTMENT




SECTION A




General Provisions




Article 17.1

Scope

This Chapter does not apply to measures adopted or maintained by a Party relating to financial institutions of the other Party, to investors of the other Party or to the investments of such investors in financial institutions in the territory of that Party, as defined in Article 25.2.


Article 17.2

Definitions

For the purposes of this Chapter and Annexes 17-A, 17-B and 17-C:






(a)


‘activities performed in the exercise of governmental authority’ means activities performed, including services supplied, neither on a commercial basis nor in competition with one or more economic operators;










(b)


‘aircraft repair and maintenance services’ means such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance;










(c)


‘computer reservation system (CRS) services’ means services provided by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;










(d)


‘covered investment’ means an investment which is owned or controlled, directly or indirectly, by one or more investors of a Party in the territory of the other Party, made in accordance with the applicable law, and which is in existence as at the date of entry into force of this Agreement or is established thereafter;










(e)


‘cross-border supply of services’ means the supply of a service:






(i)


from the territory of a Party into the territory of the other Party; or










(ii)


in the territory of a Party to a service consumer of the other Party;














(f)


‘economic activities’ means activities of an industrial, commercial or professional character or activities of craftsmen, including the supply of services, except for activities performed in the exercise of governmental authority;










(g)


‘enterprise’ means a juridical person, branch or representative office set up through establishment;










(h)


‘establishment’ means the setting up, including the acquisition (24) of, an enterprise by an investor of a Party in the territory of the other Party;










(i)


‘freely convertible currency’ means a currency which can be freely exchanged against currencies which are widely traded in international foreign exchange markets and widely used in international transactions;










(j)


‘ground handling services’ means the supply at an airport, on a fee or contract basis, of the following services: airline representation, administration and supervision; passenger handling; baggage handling; ramp services; catering, except for the preparation of food; air cargo and mail handling; fuelling of an aircraft, aircraft servicing and cleaning; surface transport; and flight operation, crew administration and flight planning; ground handling services do not include: self-handling; security; line maintenance; aircraft repair and maintenance; or management or operation of essential centralised airport infrastructure, such as de-icing facilities, fuel distribution systems, baggage handling systems and fixed intra-airport transport systems;










(k)


‘investment’ means any asset that an investor owns or controls, directly or indirectly, which has the characteristics of an investment, including a certain duration, the commitment of capital or other resources, the expectation of gain or profit, or the assumption of risk; forms that an investment may take include:






(i)


an enterprise;










(ii)


shares, stocks and other forms of equity participation in an enterprise;










(iii)


bonds, debentures and other debt instruments of an enterprise;










(iv)


futures, options and other derivatives;










(v)


concessions, licences, authorisations, permits, and similar rights conferred pursuant to domestic law (25);










(vi)


turnkey, construction, management, production, concession, revenue-sharing contracts, and other similar contracts including those that involve the presence of the property of an investor in the territory of a Party;










(vii)


intellectual property rights;










(viii)


any other moveable or immovable, tangible or intangible property, and related property rights, such as leases, mortgages, liens and pledges;




for greater certainty:






(i)


returns that are invested are treated as investments, and any alteration of the form in which assets are invested or reinvested does not affect their qualification as investments, provided that the form taken by any investment or reinvestment maintains its compliance with the definition of investment;










(ii)


investment does not include an order or judgment entered in a judicial or administrative action;














(l)


‘investor of a Party’ means a natural or juridical person of a Party that seeks to establish, is establishing or has established an enterprise in accordance with subparagraph (h);










(m)


‘juridical person of a Party’ means (26):






(i)


for the EU Party:






(A)


a juridical person constituted or organised under the law of the European Union or of at least one of its Member States and engaged in substantive business operations (27) in the territory of the European Union; and










(B)


shipping companies established outside the European Union, and controlled by natural persons of a Member State, whose vessels are registered in, and fly the flag of, a Member State;














(ii)


for Chile:






(A)


a juridical person constituted or organised under the law of Chile and engaged in substantive business operations in the territory of Chile; and










(B)


shipping companies established outside Chile, and controlled by natural persons of Chile, whose vessels are registered in, and fly the flag of, Chile;


















(n)


‘operation’ means the conduct, management, maintenance, use, enjoyment, sale or other form of disposal of an enterprise by an investor of a Party, in the territory of the other Party;










(o)


‘returns’ means all amounts yielded by or derived from an investment or reinvestment, including profits, dividends, capital gains, royalties, interest, payments in connection with intellectual property rights, payments in kind and all other lawful income;










(p)


‘selling and marketing of air transport services’ means opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution; these activities do not include the pricing of air transport services nor the applicable conditions;










(q)


‘service’ means any service in any sector except for services supplied in the exercise of governmental authority; and










(r)


‘Tribunal’ means the Tribunal of first instance established pursuant to Article 17.34.






Article 17.3

Right to regulate

The Parties affirm the right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, social services, education, safety, the environment, including climate change, public morals, social or consumer protection, privacy and data protection, or the promotion and protection of cultural diversity.


Article 17.4

Relation to other chapters


1.   In the event of inconsistency between this Chapter and Chapter 25, the latter shall prevail to the extent of the inconsistency.


2.   A requirement of a Party that a service supplier of the other Party posts a bond or other form of financial security as a condition for the cross-border supply of a service in its territory does not in itself make this Chapter applicable to such cross-border supply of that service. This Chapter applies to measures adopted or maintained by the Party relating to the bond or financial security, if such bond or financial security constitutes a covered investment.



Article 17.5

Denial of benefits

A Party may deny an investor of the other Party or a covered investment the benefits of this Chapter if the denying Party adopts or maintains measures related to the maintenance of international peace and security, including the protection of human rights, which:






(a)


prohibit transactions with that investor or covered investment; or










(b)


would be violated or circumvented if the benefits of this Chapter were accorded to that investor or covered investment, including if the measures prohibit transactions with a person who owns or controls either of them.






Article 17.6

Sub-Committee on Services and Investment

The Sub-Committee on Services and Investment (‘Sub-Committee’) is established pursuant to Article 8.8(1). When addressing matters related to investment, the Sub-Committee shall monitor and ensure proper implementation of this Chapter and of Annexes 17-A, 17-B and 17-C.




SECTION B




Liberalisation of Investments and Non-Discrimination




Article 17.7

Scope


1.   This Section applies to measures, adopted or maintained by a Party in its territory, affecting the establishment of an enterprise or the operation of a covered investment in all economic activities by an investor of the other Party.


2.   This Section does not apply to:






(a)


audio-visual services;










(b)


national maritime cabotage (28); or










(c)


domestic and international air services or related services in support of air services (29), whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:






(i)


aircraft repair and maintenance services during which an aircraft is withdrawn from service;










(ii)


selling and marketing of air transport services;










(iii)


computer reservation system (CRS) services; and










(iv)


ground handling services.










3.   Articles 17.8, 17.9, 17.11, 17.12 and 17.13 do not apply with respect to public procurement.


4.   Articles 17.8, 17.9, 17.11 and 17.13 do not apply with respect to subsidies granted by a Party, including government-supported loans, guarantees and insurances.



Article 17.8

Market access

In the sectors or subsectors where market access commitments are undertaken, a Party shall not adopt or maintain, with respect to market access through establishment or operation by investors of the other Party or by enterprises constituting a covered investment, either on the basis of its entire territory or on the basis of a territorial subdivision, a measure that:






(a)


limits the number of enterprises that may carry out a specific economic activity, whether in the form of numerical quotas, monopolies, exclusive rights or the requirement of an economic needs test;










(b)


limits the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;










(c)


limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test (30);










(d)


restricts or requires specific types of legal entity or joint venture through which an investor of the other Party may carry out an economic activity; or










(e)


limits the total number of natural persons who may be employed in a particular sector or that an enterprise may employ and who are necessary for, and directly related to, the performance of economic activity in the form of numerical quotas or the requirement of an economic needs test.






Article 17.9

National treatment


1.   Each Party shall accord to investors of the other Party and to enterprises constituting a covered investment with respect to the establishment, treatment no less favourable than the treatment it accords, in like situations (31), to its own investors and to their enterprises.


2.   Each Party shall accord to investors of the other Party and to covered investments, with respect to the operation, treatment no less favourable than the treatment it accords, in like situations (32), to its own investors and to their investments.


3.   The treatment accorded by a Party under paragraphs 1 and 2 means:






(a)


with respect to a regional or local government of Chile, treatment no less favourable than the most favourable treatment accorded, in like situations, by that level of government to investors of Chile and to their investments in its territory;










(b)


with respect to a government of, or in, a Member State, treatment no less favourable than the most favourable treatment accorded, in like situations, by that government to investors of that Member State and to their investment in its territory (33).







Article 17.10

Public procurement


1.   Each Party shall ensure that enterprises constituting a covered investment are accorded treatment no less favourable than that accorded, in like situations, to its own enterprises with respect to any measure regarding the purchase of goods or services by a procuring entity for governmental purposes.


2.   The application of the national treatment obligation provided for in this Article is subject to security and general exceptions as set out in Article 28.3.



Article 17.11

Most-favoured-nation treatment


1.   Each Party shall accord to investors of the other Party and to enterprises constituting a covered investment, with respect to the establishment, treatment no less favourable than the treatment it accords, in like situations (34), to investors of a third country and to their enterprises.


2.   Each Party shall accord to investors of the other Party and to covered investments, with respect to the operation, treatment no less favourable than the treatment it accords, in like situations (35), to investors of a third country and to their investments.


3.   Paragraphs 1 and 2 shall not be construed as obliging a Party to extend to investors of the other Party or to covered investments the benefit of any treatment resulting from measures providing for the recognition of standards, including of the standards or criteria for the authorisation, licensing or certification of a natural person or an enterprise for carrying out an economic activity, or of prudential measures.


4.   For greater certainty, the treatment referred to in paragraphs 1 and 2 does not include investment dispute resolution procedures or mechanisms provided for in other international investment treaties or trade agreements. The substantive provisions in other international investment treaties or trade agreements do not in themselves constitute ‘treatment’ as referred to in paragraphs 1 and 2, and thus cannot give rise to a breach of this Article, absent measures adopted or maintained by a Party. Measures of a Party applied pursuant to such substantive provisions may constitute ‘treatment’ under this Article and thus give rise to a breach of this Article.



Article 17.12

Performance requirements


1.   A Party shall not, in connection with the establishment of an enterprise or the operation of an investment of a Party or of a third country in its territory, impose or enforce any requirement, or enforce any commitment or undertaking, to:






(a)


export a given level or percentage of goods or services;










(b)


achieve a given level or percentage of domestic content;










(c)


purchase, use or accord a preference to goods produced or services provided in its territory, or purchase goods or services from natural persons or enterprises in its territory;










(d)


relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such enterprise;










(e)


restrict sales of goods or services in its territory that such enterprise produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;










(f)


transfer technology, a production process or other proprietary knowledge to a natural person or an enterprise in its territory;










(g)


supply exclusively from the territory of that Party the goods it produces or the services it supplies to a specific regional or world market;










(h)


locate the headquarters of that investor for a specific region of the world, which is broader than the territory of the Party, or the world market in its territory;










(i)


hire a given number or percentage of its nationals;










(j)


restrict the exportation or sale for export; or










(k)


with regard to any licence contract in existence at the time the requirement is imposed or enforced, or any commitment or undertaking is enforced, or to any future licence contract (36) freely entered into between the investor and a natural or juridical person or any other entity in its territory, provided that the requirement is imposed or enforced or the commitment or undertaking is enforced, in a manner that constitutes a direct interference with that licence contract by an exercise of non-judicial governmental authority of a Party, adopt:






(i)


a given rate or amount of royalty below a certain level under a licence contract; or










(ii)


a given duration of the term of a licence contract.










2.   For greater certainty, subparagraph (k) of paragraph 1 does not apply when the licence contract is concluded between the investor and a Party.


3.   A Party shall not condition the receipt or continued receipt of an advantage, in connection with the establishment or operation of an enterprise in its territory, of a Party or of a third country, on compliance with any of the following requirements:






(a)


to achieve a given level or percentage of domestic content;










(b)


to purchase, use or accord a preference to goods produced or services provided in its territory, or to purchase goods or services from natural persons or enterprises in its territory;










(c)


to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such enterprise;










(d)


to restrict sales of goods or services in its territory that such enterprise produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; or










(e)


to restrict the exportation or sale for export.






4.   Paragraph 3 shall not be construed as preventing a Party from conditioning the receipt or continued receipt of an advantage, in connection with the establishment or operation of an enterprise in its territory by an investor of a Party or a third country, on compliance with a requirement to locate production, provide a service, train or employ workers, construct or expand particular facilities, or carry out research and development in its territory.


5.   Subparagraphs (f) and (k) of paragraph 1 do not apply if:






(a)


a Party authorises the use of an intellectual property right in accordance with Article 31 or 31bis of the TRIPS Agreement or adopts or maintains measures requiring the disclosure of data or proprietary information that fall within the scope of, and are consistent with, paragraph 3 of Article 39 of the TRIPS Agreement; or










(b)


the requirement is imposed or enforced or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority in order to remedy a practice determined after judicial or administrative process as being a violation of the Party's competition law.






6.   Subparagraphs (a), (b) and (c) of paragraph 1 and subparagraphs (a) and (b) of paragraph 3 do not apply to qualification requirements for goods or services with respect to participation in export promotion and foreign aid programmes.


7.   Subparagraphs (a) and (b) of paragraph 3 do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.


8.   For greater certainty, this Article shall not be construed as requiring a Party to permit a particular service to be supplied on a cross-border basis where that Party adopts or maintains restrictions or prohibitions on such provision of services which are consistent with the reservations, conditions or qualifications specified with respect to a sector, subsector or activity listed in Annexes 17-A, 17-B and 17-C.


9.   This Article is without prejudice to commitments of a Party made under the WTO Agreement.



Article 17.13

Senior management and boards of directors

A Party shall not require that an enterprise of that Party that is a covered investment appoints natural persons of a particular nationality as members of boards of directors, or to a senior management position, such as executives or managers.


Article 17.14

Non-conforming measures


1.   Articles 17.9, 17.11, 17.12 and 17.13 do not apply to:






(a)


any existing non-conforming measure that is maintained by:






(i)


for the EU Party:






(A)


the European Union, as set out in Appendix 17-A-1;










(B)


the central government of a Member State, as set out in Appendix 17-A-1;










(C)


a regional level of government of a Member State, as set out in Appendix 17-A-1; or










(D)


a local level of government; and














(ii)


for Chile:






(A)


the central government, as set out in Appendix 17-A-2;










(B)


a regional level of government, as set out in Appendix 17-A-2; or










(C)


a local level of government;


















(b)


the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a) of this paragraph; or










(c)


a modification to any non-conforming measure referred to in subparagraph (a) of this paragraph, to the extent that the modification does not decrease the conformity of the measure, as it existed immediately before the modification, with Article 17.9, 17.11, 17.12 or 17.13.






2.   Articles 17.9, 17.11, 17.12 and 17.13 do not apply to measures of a Party with respect to sectors, sub-sectors or activities as set out in its schedule in Annex 17-B.


3.   A Party shall not, under any measure adopted after the date of entry into force of this Agreement and covered by its reservations set out in Annex 17-B, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of a covered investment existing at the time the measure becomes effective.


4.   Article 17.8 does not apply to any measure of a Party which is consistent with the commitments set out in Annex 17-C.


5.   Articles 17.9 and 17.11 do not apply to any measure of a Party that constitutes an exception to, or derogation from, Article 3 or 4 of the TRIPS Agreement, as specifically provided for in Articles 3, 4 and 5 of that Agreement.


6.   For greater certainty, Articles 17.9 and 17.11 shall not be construed as preventing a Party from prescribing information requirements, including for statistical purposes, in connection with the establishment or operation of investors of the other Party or of a covered investment, provided that it does not constitute a means to circumvent that Party's obligations under those Articles.





SECTION C




Investment Protection




Article 17.15

Scope

This Section applies to measures adopted or maintained by a Party affecting:






(a)


covered investments; and










(b)


investors of a Party with respect to the operation of a covered investment.






Article 17.16

Investment and regulatory measures


1.   Article 17.3 applies to this Section in accordance with this Article.


2.   This Section shall not be interpreted as a commitment of a Party not to change its legal and regulatory framework, including in a manner that can negatively affect the operation of covered investments or the investor's expectations of profits.


3.   For greater certainty, the mere fact that a subsidy or grant has not been issued, renewed or maintained, or has been modified or reduced, by a Party does not constitute a breach of obligations under this Section, even if it results in loss or damage to the covered investment:






(a)


in the absence of any specific commitment at law or under a contract to issue, renew or maintain that subsidy or grant; or










(b)


in accordance with any terms or conditions attached to the issuance, renewal, maintenance, modification or reduction of that subsidy or grant.






4.   For greater certainty, nothing in this Section shall be construed as preventing a Party from discontinuing the granting of a subsidy (37) or requesting its reimbursement, if such action has been ordered by one of its competent authorities (38), or as requiring that Party to compensate the investor therefor.



Article 17.17

Treatment of investors and of covered investments


1.   Each Party shall accord in its territory to covered investments and investors of the other Party, with respect to their covered investments, fair and equitable treatment and full protection and security in accordance with paragraphs 2 to 6.


2.   A Party breaches the obligation of fair and equitable treatment referred to in paragraph 1 if a measure or series of measures constitute (39):






(a)


denial of justice in criminal, civil or administrative proceedings;










(b)


a fundamental breach of due process in judicial and administrative proceedings;










(c)


manifest arbitrariness;










(d)


targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief; or










(e)


abusive treatment of investors, such as coercion, duress, harassment.






3.   In determining the breach referred to in paragraph 2, the Tribunal may take into account specific and unambiguous representations made to an investor by a Party, which the investor reasonably relied upon in deciding to make or maintain the covered investment, but that the Party subsequently frustrated.


4.   Full protection and security as referred to in paragraph 1 refers to the Party's obligations relating to physical security of investors and covered investments (40).


5.   For greater certainty, a breach of another provision of this Agreement, or a breach of any other international agreement, does not constitute a breach of this Article.


6.   The fact that a measure breaches the law of a Party does not, in and of itself, constitute a breach of this Article. In order to ascertain whether the measure breaches this Article, the Tribunal shall consider if a Party has acted inconsistently with paragraphs 1 to 4.



Article 17.18

Treatment in case of strife


1.   Investors of a Party whose covered investments suffer losses as a consequence of war or other armed conflict, revolution or other civil strife, or a state of national emergency (41) in the territory of the other Party shall be accorded by that Party treatment no less favourable than that accorded by that Party to its own investors, or to the investors of any third country, with respect to restitution, indemnification, compensation or other forms of settlement.


2.   Without prejudice to paragraph 1, investors of a Party who, in any of the situations referred to in that paragraph, suffer losses in the territory of the other Party shall be accorded by that Party prompt, adequate and effective restitution or compensation, if such losses result from:






(a)


requisitioning of their covered investment or a part thereof by the other Party's armed forces or authorities; or










(b)


destruction of their covered investment or a part thereof by the other Party's armed forces or authorities, which was not required by the necessity of the situation.






3.   The amount of the compensation referred to in paragraph 2 of this Article shall be determined in accordance with Article 17.19(2) from the date of requisitioning or destruction until the date of actual payment.



Article 17.19

Expropriation (42)



1.   A Party shall not nationalise or expropriate a covered investment, either directly or indirectly, through measures having an effect equivalent to nationalisation or expropriation (‘expropriation’), except:






(a)


for a public purpose;










(b)


in a non-discriminatory manner;










(c)


on payment of prompt, adequate and effective compensation; and










(d)


in accordance with due process of law.






2.   The compensation referred to in subparagraph (c) of paragraph 1 shall:






(a)


be paid without delay;










(b)


be equivalent to the fair market value of the expropriated investment immediately before the expropriation took place (‘the date of expropriation’) or the impending expropriation became known, whichever is earlier;










(c)


be fully realisable and freely transferable in any freely convertible currency; and










(d)


include interest at a normal commercial rate from the date of expropriation until the date of payment.






3.   The investor affected shall have a right, under the law of the expropriating Party, to prompt review of its claim and of the valuation of its investment by a judicial or other independent authority of that Party, in accordance with the principles set out in this Article.


4.   This Article does not apply to the issuance of compulsory licences granted in relation to intellectual property rights, or to the revocation, limitation or creation of such rights, to the extent that such issuance, revocation, limitation or creation is consistent with the TRIPS Agreement (43).



Article 17.20

Transfers (44)



1.   Each Party shall permit all transfers relating to a covered investment to be made in a freely convertible currency, freely and without delay and at the market rate of exchange prevailing on the date of transfer. Such transfers include:






(a)


contributions to capital;










(b)


profits, dividends, capital gains and other returns, proceeds from the sale of all or any part of the investment or from the partial or complete liquidation of the covered investment;










(c)


interest, royalty payments, management fees, technical assistance and other fees;










(d)


payments made under a contract entered into by the investor of the other Party, or by its covered investment, including payments made pursuant to a loan agreement;










(e)


earnings and other remuneration of personnel engaged from abroad and working in connection with a covered investment;










(f)


payments made pursuant to Article 17.18 and Article 17.19; and










(g)


payments arising under the application of Section D.






2.   A Party may not require its investors to transfer, or penalise its investors for failing to transfer, the income, earnings, profits or other amounts derived from, or attributable to, covered investments in the territory of the other Party.



Article 17.21

Subrogation

If a Party, or any agency designated by that Party, makes a payment to an investor of that Party under a guarantee, a contract of insurance or other form of indemnity that it has entered into with respect to a covered investment, the other Party in whose territory the covered investment was made shall recognise the subrogation or transfer of any rights the investor would have possessed under this Chapter with respect to the covered investment but for the subrogation, and the investor shall not pursue those rights to the extent of the subrogation.


Article 17.22

Termination


1.   If this Agreement is terminated pursuant to Article 41.13, this Section and Section D shall continue to be effective for a further period of five years from the date of termination with respect to investments made before the date of such termination.


2.   The period referred to in paragraph 1 shall be extended for a single additional period of five years, provided that no other investment protection agreement between the Parties is in force.


3.   This Article shall not apply if the provisional application of this Agreement is terminated and this Agreement does not enter into force.



Article 17.23

Relationship with other agreements


1.   Upon entry into force of this Agreement, the agreements between Member States and Chile listed in Annex 17-F, including the rights and obligations derived therefrom, shall cease to have effect and shall be replaced and superseded by this Part of this Agreement.


2.   In the case of provisional application of Sections C and D of this Chapter in accordance with Article 41.5(2), the application of the agreements listed in Annex 17-F, including the rights and obligations derived therefrom, shall be suspended as of the date from which the Parties provisionally apply Sections C and D of this Chapter in accordance with Article 41.5. If the provisional application of those Sections is terminated and this Agreement does not enter into force, the suspension shall cease and the agreements listed in Annex 17-F shall resume their effect.


3.   Notwithstanding paragraphs 1 and 2, a claim pursuant to an agreement listed in Annex 17-F may be submitted in accordance with the rules and procedures established in that agreement, provided that:






(a)


the claim arises from an alleged breach of that agreement that took place prior to the date of suspension of the agreement pursuant to paragraph 2 or, if the agreement is not suspended pursuant to paragraph 2, prior to the date of entry into force of this Agreement; and










(b)


no more than three years have elapsed from the date of suspension of the agreement pursuant to paragraph 2 or, if that agreement is not suspended pursuant to paragraph 2, from the date of entry into force of this Agreement until the date of submission of the claim.






4.   Notwithstanding paragraphs 1 and 2, if the provisional application of Sections C and D of this Chapter is terminated and this Agreement does not enter into force, a claim pursuant to this Agreement may be submitted in accordance with the rules and procedures established in this Agreement, provided that:






(a)


the claim arises from an alleged breach of this Agreement that took place during the period of provisional application of Sections C and D of this Chapter; and










(b)


no more than three years have elapsed from the date of termination of the provisional application until the date of submission of the claim.






5.   For the purposes of this Article, the definition of ‘entry into force of this Agreement’ provided for in Article 41.5 shall not apply.



Article 17.24

Responsible business conduct


1.   Without prejudice to Chapter 33, each Party shall encourage covered investments to incorporate into their internal policies internationally recognised principles and guidelines of corporate social responsibility or responsible business conduct, such as the OECD Guidelines for Multinational Enterprises, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, and the UN Guiding Principles on Business and Human Rights.


2.   The Parties reaffirm the importance of investors conducting a due diligence process to identify, prevent, mitigate, and account for the environmental and social risks and impacts of their investment.





SECTION D




Resolution of Investment Disputes and Investment Court System






Sub-Section 1





Scope and Definitions




Article 17.25

Scope and definitions


1.   This Section applies to a dispute between a claimant of one Party and the other Party arising from an alleged breach under Article 17.9(2) or Article 17.11(2), or under Section C, which allegedly causes loss or damage to the claimant or its locally established enterprise.


2.   This Section also applies to counterclaims in accordance with Article 17.31.


3.   A claim with respect to the restructuring of debt of a Party shall be decided in accordance with Annex 17-G.


4.   For the purposes of this Section:






(a)


‘claimant’ means an investor of a Party that is a party to an investment dispute with the other Party and that seeks to submit or has submitted a claim, pursuant to this Section, either:






(i)


acting on its own behalf; or










(ii)


acting on behalf of a locally established enterprise which it owns or controls; the locally established enterprise shall be treated as a national of another Contracting State for the purposes of Article 25(2)(b) of the ICSID Convention;














(b)


‘disputing parties’ means the claimant and the respondent;










(c)


‘ICSID Additional Facility Rules’ means the Rules Governing the Additional Facility for the Administration of Proceedings by the Secretariat of the International Centre for Settlement of Investment Disputes;










(d)


‘ICSID Convention’ means the Convention on the Settlement of Investment Disputes between States and Nationals of other States, done at Washington on 18 March 1965;










(e)


‘locally established enterprise’ means a juridical person established in the territory of a Party, and owned or controlled by an investor of the other Party (45);










(f)


‘New York Convention’ means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958;










(g)


‘non-disputing Party’ means Chile, if the respondent is the EU Party, or the EU Party, if the respondent is Chile;










(h)


‘proceedings’, unless otherwise specified, means proceedings before the Tribunal or Appeal Tribunal under this Section;










(i)


‘respondent’ means Chile, if the claimant is an investor of the EU Party, or the European Union or the Member State concerned, as determined pursuant to Article 17.28, if the claimant is an investor of Chile;










(j)


‘third-party funding’ means any funding provided to a disputing party, by a person who is not a disputing party, to finance part or all of the cost of the proceedings in return for remuneration dependent on the outcome of the dispute or in the form of a donation or grant (46);










(k)


‘UNCITRAL Arbitration Rules’ means the Arbitration Rules of the United Nations Commission on International Trade Law; and










(l)


‘UNCITRAL Transparency Rules’ means the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration.










Sub-Section 2





Alternative Dispute Resolution and Consultations




Article 17.26

Mediation


1.   The disputing parties may at any time agree to have recourse to mediation.


2.   Recourse to mediation is voluntary and without prejudice to the legal position of either disputing party.


3.   Mediation procedures shall be governed by the rules set out in Annex 17-H and, where available, rules on mediation adopted by the Sub-Committee (47). The Sub-Committee shall make best efforts to ensure that the rules on mediation are adopted no later than the first day of the provisional application or entry into force of this Agreement, as the case may be, and in any event no later than two years after such date.


4.   The Sub-Committee shall, upon the date of entry into force of this Agreement, establish a list of six individuals of high moral character and recognised competence in the fields of law, commerce, industry or finance who may be relied upon to exercise independent judgment and who are willing and able to serve as mediators.


5.   The mediator shall be appointed by agreement of the disputing parties. The disputing parties may jointly request the President of the Tribunal to appoint a mediator from the list established pursuant to this Article or, in the absence of such list, from individuals proposed by either Party. Mediators shall comply with Annex 17-I, mutatis mutandis.


6.   Once the disputing parties agree to have recourse to mediation, the time limits set out in Articles 17.27(5), 17.27(8), 17.54(10) and 17.55(5) shall be suspended from the date on which it was agreed to have recourse to mediation until the date on which either disputing party decides to terminate the mediation, by way of written notice to the mediator and the other disputing party. At the request of both disputing parties, the Tribunal or the Appeal Tribunal shall stay the proceedings.



Article 17.27

Consultations and amicable resolution


1.   A dispute may, and should as far as possible, be settled amicably through negotiations, good offices or mediation and, where possible, before the submission of a request for consultations pursuant to this Article. Such settlement may be agreed at any time, including after proceedings pursuant to Sub-section 5 have commenced.


2.   A mutually agreed solution between the disputing parties pursuant to paragraph 1 shall be notified to the non-disputing Party within 15 days of that mutually agreed solution being reached. Each disputing party shall abide by and comply with any mutually agreed solution reached in accordance with this Article or with Article 17.26. The Sub-Committee shall keep under surveillance the implementation of such mutually agreed solution, and the Party to the mutually agreed solution shall regularly report to the Sub-Committee on the implementation of such solution.


3.   If a dispute cannot be settled as provided for in paragraph 1 of this Article, a claimant of a Party alleging a breach of the provisions referred to in Article 17.25(1) and seeking to submit a claim shall submit a request for consultations to the other Party.


4.   The request shall contain the following information:






(a)


the name and address of the claimant and, if such request is submitted on behalf of a locally established enterprise, the name, address and place of incorporation of the locally established enterprise;










(b)


a description of the investment and of its ownership and control;










(c)


the provisions referred to in Article 17.25(1) alleged to have been breached;










(d)


the legal and factual basis for the claim, including the measure alleged to be inconsistent with the provisions referred to in Article 17.25(1);










(e)


the relief sought and the estimated amount of damages claimed; and










(f)


information concerning the ultimate beneficial owner and corporate structure of the claimant and evidence establishing that the claimant is an investor of the other Party and that it owns or controls the investment and, if it acts on behalf of a locally established enterprise which it owns or controls, that locally established enterprise.






5.   Unless the disputing parties agree to a longer period, consultations shall commence within 60 days of the date of submission of the request for consultations.


6.   Unless the disputing parties agree otherwise, the place of consultations shall be:






(a)


Santiago, if the consultations concern an alleged breach by Chile;










(b)


Brussels, if the consultations concern an alleged breach by the European Union; or










(c)


the capital of the Member State concerned, if the consultations concern an alleged breach by that Member State exclusively.






7.   The disputing parties may agree to hold consultations through videoconference or other means if appropriate.


8.   The request for consultations shall be submitted:






(a)


within three years of the date on which the claimant or, if the claimant acts on behalf of the locally established enterprise, the date on which the locally established enterprise, first acquired, or should have first acquired, knowledge of the measure alleged to be inconsistent with the provisions referred to in Article 17.25(1) and of the loss or damage alleged to have been incurred thereby; or










(b)


within two years of the date on which the claimant or, if the claimant acts on behalf of the locally established enterprise, the date on which the locally established enterprise ceases to pursue claims or proceedings before a domestic tribunal or court under the law of a Party, and, in any event, no later than five years after the date on which the claimant or, if the claimant acts on behalf of the locally established enterprise, the date on which the locally established enterprise first acquired, or should have first acquired, knowledge of the measure alleged to be inconsistent with the provisions referred to in Article 17.25(1) and of the loss or damage alleged to have been incurred thereby.






9.   In the event that the claimant has not submitted a claim pursuant to Article 17.30 within 18 months of submitting the request for consultations, the claimant shall be deemed to have withdrawn its request for consultations and, if applicable, the notice requesting a determination of the respondent pursuant to Article 17.28, and may not submit a claim under this Section with respect to the same alleged breach. That period may be extended by agreement between the disputing parties involved in the consultations.


10.   A continuing breach may not renew or interrupt the periods set out in paragraph 8.


11.   If the request for consultations concerns an alleged breach of this Agreement by the EU Party, it shall be sent to the European Union. If an alleged breach of this Agreement by a Member State is identified in accordance with Article 17.28, the request for consultations shall also be sent to the Member State concerned.






Sub-Section 3





Submission of a Claim and Conditions Precedent




Article 17.28

Request for determination of the respondent


1.   If the dispute cannot be settled within 90 days of the submission of the request for consultations, the request concerns an alleged breach of this Agreement by the EU Party and the claimant intends to initiate proceedings pursuant to Article 17.30, the claimant shall deliver a notice to the European Union requesting a determination of the respondent.


2.   The notice shall identify the measures in respect of which the claimant intends to initiate proceedings. If a measure of a Member State is identified, such notice shall also be sent to the Member State concerned.


3.   The EU Party shall, after having made a determination, inform the claimant as soon as possible, and in any case no later than 60 days after the date of receipt of the notice referred to in paragraph 1, as to whether the European Union or a Member State shall be the respondent (48).


4.   If the claimant has not been informed of the determination within 60 days of delivering the notice referred to in paragraph 3, the respondent shall be:






(a)


the Member State, if the measure or measures identified in the notice referred to in paragraph 1 are exclusively measures of a Member State; or










(b)


the European Union, if the measure or measures identified in the notice referred to in paragraph 1 include measures of the European Union.






5.   If the claimant submits a claim pursuant to Article 17.30, it shall do so on the basis of the determination communicated as referred to in paragraph 3 of this Article and, if no such determination has been communicated to the claimant, on the basis of paragraph 4 of this Article.


6.   If either the European Union or a Member State acts as respondent following a determination made pursuant to paragraph 3, neither the European Union nor the Member State concerned may assert the inadmissibility of the claim or lack of jurisdiction of the Tribunal, or otherwise assert that the claim or award is unfounded or invalid, on the grounds that the proper respondent should be or should have been the European Union rather than the Member State, or vice versa.


7.   The Tribunal and the Appeal Tribunal shall be bound by the determination made pursuant to paragraph 3 or, if no such determination has been communicated to the claimant, on the basis of paragraph 4.


8.   Nothing in this Agreement or in the applicable rules on dispute settlement shall prevent the exchange of all information relating to a dispute between the European Union and the Member State concerned.



Article 17.29

Requirements for a submission of a claim


1.   Before submitting a claim, the claimant shall:






(a)


withdraw any pending claim or proceedings before any domestic or international court or tribunal under domestic or international law concerning any measure alleged to constitute a breach of the provisions referred to in Article 17.25(1);










(b)


provide a written waiver that it will not initiate any claim or proceedings before any domestic or international court or tribunal under domestic or international law concerning any measure alleged to constitute a breach of the provisions referred to in Article 17.25(1);










(c)


provide a declaration that it will not enforce any award rendered pursuant to this Section before such award has become final pursuant to Article 17.56, and that it will not seek to appeal, review, set aside, annul, revise or initiate any other similar proceedings before any domestic or international court or tribunal with respect to an award issued pursuant to this Section.






2.   The Tribunal shall dismiss a claim by a claimant who has submitted another claim to the Tribunal or to any other domestic or international court or tribunal concerning the same measure as that alleged to be inconsistent with the provisions referred to in Article 17.25(1), unless the claimant withdraws such pending claim. This paragraph shall not apply if the claimant submits a claim to a domestic court or tribunal seeking interim injunctive or declaratory relief.


3.   For the purposes of this Article, the claimant includes the investor and, if the investor acted on behalf of the locally established enterprise, the locally established enterprise. In addition, for the purposes of subparagraph (a) of paragraph 1 and paragraph 2, the claimant also includes:






(a)


if the claim is submitted by an investor acting on its own behalf, all persons who, directly or indirectly, have an ownership interest in, or are controlled by, the investor and claim to have suffered the same loss or damage (49) as the investor; or










(b)


if the claim is submitted by an investor acting on behalf of a locally established enterprise, all persons who, directly or indirectly, have an ownership interest in, or are controlled by, the locally established enterprise and claim to have suffered the same loss or damage (50) as the locally established enterprise.







Article 17.30

Submission of a claim


1.   If the dispute cannot be settled within six months of the submission of the request for consultations and, if applicable, at least three months have elapsed from the submission of the notice requesting a determination of the respondent pursuant to Article 17.28, the claimant may, provided that it satisfies the requirements set out in this Article and in Article 17.32, submit a claim to the Tribunal.


2.   A claim may be submitted to the Tribunal under one of the following sets of rules on dispute settlement:






(a)


the ICSID Convention, provided that both the respondent and the State of the claimant are parties to the ICSID Convention;










(b)


the ICSID Additional Facility Rules, provided that either the respondent or the State of the claimant is a party to the ICSID Convention;










(c)


the UNCITRAL Arbitration Rules; or










(d)


any other rules agreed by the disputing parties on request of the claimant.






3.   The rules on dispute settlement referred to in paragraph 2 shall apply subject to the rules set out in this Section, as supplemented by any rules adopted by the Sub-Committee.


4.   All the claims identified by the claimant in the submission of its claim pursuant to this Article shall be based on information identified in its request for consultations pursuant to subparagraphs (c) and (d) of Article 17.27(4).


5.   Claims submitted in the name of a class composed of a number of unidentified claimants, or submitted by a representative intending to conduct the proceedings acting in the interests of a number of identified or unidentified claimants that delegate all decisions relating to the proceedings on their behalf, shall not be admissible.


6.   For greater certainty, a claimant may not submit a claim under this Section if its investment has been made through fraudulent misrepresentation, concealment, corruption or conduct amounting to an abuse of process.



Article 17.31

Counterclaims


1.   The respondent may submit a counterclaim on the basis of a claimant's failure to comply with an international obligation applicable in the territories of both Parties (51), arising in connection with the factual basis of the claim (52).


2.   The counterclaim shall be submitted no later than in the respondent's counter-memorial or statement of defence, or at a later stage in the proceedings if the Tribunal decides that the delay was justified in the circumstances.


3.   For greater certainty, a claimant's consent to the procedures under this Section as referred to in Article 17.32 includes the submission of counterclaims by the respondent.



Article 17.32

Consent


1.   The respondent consents to the submission of a claim under this Section.


2.   The consent under paragraph 1 and the submission of a claim under this Section shall be deemed to satisfy the requirements of:






(a)


Article 25 of the ICSID Convention and the ICSID Additional Facility Rules for written consent of the disputing parties; and










(b)


Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done in New York on 10 June 1958 (the ‘New York Convention’) for an agreement in writing.






3.   The claimant is deemed to give consent in accordance with the procedures provided for in this Section at the time of submitting a claim pursuant to Article 17.30.



Article 17.33

Third-party funding


1.   If a disputing party has received or is receiving third-party funding, or has arranged to receive third-party funding, the disputing party benefiting from it shall disclose to the other disputing party and to the division of the Tribunal or, if the division of the Tribunal is not established, to the President of the Tribunal, the name and address of the third-party funder, and if applicable, of the ultimate beneficial owner and corporate structure.


2.   The disputing party shall make the disclosure under paragraph 1 at the time of submission of a claim, or, if the third-party funding is arranged after the submission of a claim, without delay, as soon as the arrangement is concluded or the donation or grant is made. The disputing party shall immediately notify the Tribunal of any changes to the information disclosed.


3.   The Tribunal may order disclosure of further information regarding the funding arrangement and the third-party funder if it deems it necessary at any stage of the proceedings.






Sub-Section 4





Investment Court System




Article 17.34

Tribunal of first instance


1.   A Tribunal of first instance (‘Tribunal’) is hereby established to hear claims submitted pursuant to Article 17.30.


2.   The Joint Committee shall, upon the entry into force of this Agreement, appoint nine Judges to the Tribunal. Three of the Judges shall be nationals of a Member State, three shall be nationals of Chile and three shall be nationals of third countries. In appointing the Judges, the Joint Committee is encouraged to consider the need to ensure diversity and a fair gender representation.


3.   The Joint Committee may decide to increase or to decrease the number of Judges by multiples of three. Additional appointments shall be made according to the criteria provided for in paragraph 2.


4.   The Judges shall possess the qualifications required in the countries of which they are nationals for appointment to judicial office, or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise in international investment law, international trade law and the resolution of disputes arising under international investment or international trade agreements.


5.   The Judges shall be appointed for a five-year term. However, the terms of five Judges, namely two nationals of a Member State, two nationals of Chile and one national of a third country, of the nine appointed immediately after the entry into force of this Agreement, to be determined by lot, shall extend to eight years. Vacancies shall be filled as they arise. A Judge appointed to replace another Judge whose term of office has not expired shall hold office for the remainder of the predecessor's term. A Judge who is serving on a division of the Tribunal when their term expires may, with the authorisation of the President of the Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Judge of the Tribunal.


6.   The Tribunal shall have a President and Vice-President responsible for organisational issues, with the assistance of a Secretariat. The President and the Vice-President shall be selected by lot for a two-year term from among the Judges who are nationals of third countries. They shall serve on the basis of a rotation drawn by lot by the co-Chairs of the Joint Committee. The Vice-President shall act as the President when the President is unavailable.


7.   The Tribunal shall hear cases in divisions consisting of three Judges, of whom one shall be a national of a Member State, one a national of Chile and one a national of a third country. The division shall be chaired by the Judge who is a national of a third country.


8.   When a claim is submitted pursuant to Article 17.30, the President of the Tribunal shall establish the composition of the division of the Tribunal hearing the case on a rotation basis, ensuring that the composition of the divisions is random and unpredictable, while giving equal opportunity to all Judges to serve.


9.   Notwithstanding paragraph 7 of this Article, the disputing parties may agree that a case be heard by a sole Judge who is a national of a third country, to be appointed by the President of the Tribunal. The respondent shall give sympathetic consideration to such a request from the claimant, in particular if the compensation or damages claimed are relatively low. Such a request should be made at the same time as the filing of the claim pursuant to Article 17.30.


10.   The Tribunal shall establish its own working procedures, after discussing with the Parties.


11.   The Judges shall be available at all times and on short notice, and shall stay abreast of dispute settlement activities under this Part of this Agreement.


12.   In order to ensure their availability, the Judges shall be paid a monthly retainer fee to be determined by decision of the Joint Committee. The President of the Tribunal and, if applicable, the Vice-President shall receive a fee equivalent to the fee determined pursuant to Article 17.35(11) for each day worked in fulfilling the functions of President of the Tribunal pursuant to this Section.


13.   The retainer fee shall be paid by the Parties, taking into account their respective levels of development, into an account managed by the Secretariat of the International Centre for Settlement of Investment Disputes (‘ICSID’). If one Party fails to pay the retainer fee, the other Party may elect to pay that fee itself. Any such arrears will remain payable, with appropriate interest. The Joint Committee shall regularly review the amount and repartition of those fees and may recommend relevant adjustments.


14.   Unless the Joint Committee adopts a decision pursuant to paragraph 15 of this Article, the amount of the other fees and expenses of the Judges on a division of the Tribunal shall be determined pursuant to Regulation 14(1) of the Administrative and Financial Regulations of the ICSID Convention in force on the date of the submission of the claim and allocated by the Tribunal among the disputing parties in accordance with Article 17.54(5), (6) and (7).


15.   Upon a decision by the Joint Committee, the retainer fee and other fees and expenses may be permanently transformed into a regular salary. In that event, the Judges shall serve on a full-time basis and the Joint Committee shall establish their remuneration and related organisational matters. The Judges receiving a regular salary shall not be permitted to engage in any occupation, whether gainful or not, unless an exemption is exceptionally granted by the President of the Tribunal.


16.   The Secretariat of the ICSID shall act as Secretariat for the Tribunal and provide it with appropriate support. The expenses for such support shall be allocated by the Tribunal among the disputing parties in accordance with Article 17.54(5), (6) and (7).



Article 17.35

Appeal Tribunal


1.   A permanent Appeal Tribunal is hereby established to hear appeals of the awards issued by the Tribunal.


2.   The Joint Committee shall, upon the entry into force of this Agreement, appoint six Members to the Appeal Tribunal. Two of the Members shall be nationals of a Member State, two shall be nationals of Chile and two shall be nationals of third countries. In appointing the Members of the Appeal Tribunal, the Joint Committee is encouraged to consider the need to ensure diversity and a fair gender representation.


3.   The Joint Committee may decide to increase the number of the Members of the Appeal Tribunal by multiples of three. Additional appointments shall be made in accordance with the criteria provided for in paragraph 2.


4.   The Members of the Appeal Tribunal shall possess the qualifications required in the countries of which they are nationals for appointment to the highest judicial office, or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise in international investment law, international trade law and the resolution of disputes arising under international investment or international trade agreements.


5.   Members of the Appeal Tribunal shall be appointed for a five-year term. However, the terms of three of the six Members appointed immediately after the entry into force of this Agreement, to be determined by lot, shall extend to eight years. Vacancies shall be filled as they arise. A Member appointed to replace another Member whose term of office has not expired shall hold office for the remainder of the predecessor's term. A Member who is serving on a division of the Appeal Tribunal when their term expires may, with the authorisation of the President of the Appeal Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunal.


6.   The Appeal Tribunal shall have a President and Vice-President responsible for organisational issues, with the assistance of a Secretariat. The President and the Vice-President shall be selected by lot for a two-year term from among the Members who are nationals of third countries. They shall serve on the basis of a rotation drawn by lot by the co-Chairs of the Joint Committee. The Vice-President shall act as the President when the President is unavailable.


7.   The Appeal Tribunal shall hear appeals in divisions consisting of three Members, of whom one shall be a national of a Member State, one a national of Chile and one a national of a third country. The division shall be chaired by the Member who is a national of a third country.


8.   The President of the Appeal Tribunal shall establish the composition of the division hearing each appeal on a rotation basis, ensuring that the composition of each division is random and unpredictable, while giving equal opportunity to all Members to serve.


9.   The Appeal Tribunal shall establish its own working procedures, after discussing with the Parties.


10.   All Members serving on the Appeal Tribunal shall be available at all times and on short notice, and shall stay abreast of other dispute settlement activities under this Part of this Agreement.


11.   In order to ensure their availability, the Members of the Appeal Tribunal shall be paid a monthly retainer fee and receive a fee for each day worked as a Member, to be determined by decision of the Joint Committee. The President of the Appeal Tribunal and, if applicable, the Vice-President, shall receive a fee for each day worked in fulfilling the functions of President of the Appeal Tribunal pursuant to this Section.


12.   The remuneration of the Members of the Appeal Tribunal shall be paid by the Parties, taking into account their respective levels of development, into an account managed by the ICSID Secretariat. If one Party fails to pay the retainer fee, the other Party may elect to pay that fee itself. Any such arrears will remain payable, with appropriate interest. The Joint Committee shall regularly review the amount and repartition of those fees and may recommend relevant adjustments.


13.   Upon a decision by the Joint Committee, the retainer fee and the fees for days worked may be permanently transformed into a regular salary. In that event, the Members of the Appeal Tribunal shall serve on a full-time basis and the Joint Committee shall establish their remuneration and related organisational matters. The Members of the Appeal Tribunal receiving a regular salary shall not be permitted to engage in any occupation, whether gainful or not, unless an exemption is exceptionally granted by the President of the Appeal Tribunal.


14.   The ICSID Secretariat shall act as Secretariat for the Appeal Tribunal and provide it with appropriate support. The expenses for such support shall be allocated by the Appeal Tribunal among the disputing parties in accordance with Article 17.54(5), (6) and (7).



Article 17.36

Ethics


1.   The Judges of the Tribunal and the Members of the Appeal Tribunal shall be chosen among persons whose independence is beyond doubt. They shall not be affiliated with any government (53). They shall not take instructions from any government or organisation on matters related to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. They shall comply with Annex 17-I. Upon appointment, they shall refrain from acting as counsel or as party-appointed expert or witness in any pending or new investment dispute under this Agreement or any other agreement or national legal system.


2.   If a disputing party considers that a Judge of the Tribunal or a Member of the Appeal Tribunal does not meet the requirements set out in paragraph 1, it shall send a notice of challenge to the appointment to the President of the Tribunal or to the President of the Appeal Tribunal, as applicable. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge if they could not have reasonably been known at the time of the composition of the division. The notice of challenge shall state the grounds for the challenge.


3.   If, within 15 days of the date of the notice of challenge, the challenged Judge of the Tribunal or Member of the Appeal Tribunal has elected not to resign from that division, the President of the Tribunal or the President of the Appeal Tribunal, as applicable, shall, after hearing the disputing parties and after providing the Judge of the Tribunal or the Member of the Appeal Tribunal with an opportunity to submit observations, issue a decision within 45 days of receipt of the notice of challenge and immediately notify the disputing parties and the other Judges or Members of that division.


4.   Challenges to the appointment to a division of the President of the Tribunal shall be decided by the President of the Appeal Tribunal and vice versa.


5.   Upon a reasoned recommendation from the President of the Appeal Tribunal (54), the Parties, by decision of the Joint Committee, may decide to remove a Judge from the Tribunal or a Member from the Appeal Tribunal where their behaviour is inconsistent with the obligations set out in paragraph 1 of this Article and incompatible with their continued membership of the Tribunal or Appeal Tribunal. If the alleged behaviour in question is that of the President of the Appeal Tribunal, the President of the Tribunal shall submit the reasoned recommendation. Articles 17.34(2) and 17.35(2) shall apply mutatis mutandis for filling vacancies that may arise pursuant to this paragraph.



Article 17.37

Multilateral dispute settlement mechanisms

The Parties shall endeavour to cooperate for the establishment of a multilateral investment tribunal and appellate mechanism for the resolution of investment disputes. Upon the entry into force between the Parties of an international agreement providing for such a multilateral mechanism applicable to disputes under this Part of this Agreement, the relevant parts of this Section shall cease to apply. The Joint Committee may adopt a decision specifying any necessary transitional arrangements.





Sub-Section 5





Conduct of Proceedings




Article 17.38

Applicable law and rules of interpretation


1.   The Tribunal shall determine whether the measure in respect of which the claimant is submitting a claim is inconsistent with any of the provisions referred to in Article 17.25(1).


2.   In making such a determination, the Tribunal shall apply this Agreement and other rules of international law applicable between the Parties. It shall interpret this Agreement in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties.


3.   For greater certainty, in determining the consistency of a measure with the provisions referred to in Article 17.25(1), the Tribunal shall consider, when relevant, the law of a Party as a matter of fact. In doing so, the Tribunal shall follow the prevailing interpretation given to such law by the courts or authorities of that Party and any meaning given to such law by the Tribunal shall not be binding upon the courts or authorities of that Party.


4.   For greater certainty, the Tribunal shall not have jurisdiction to determine the legality of a measure alleged to constitute a breach of the provisions referred to in Article 17.25(1) under the law of the disputing party.


5.   For greater certainty, if an investor of a Party submits a claim under this Section, including a claim alleging that a Party breached Article 17.17, the burden of proof relating to that claim lies on the investor, in line with the general principles of international law applicable to the dispute.


6.   Where serious concerns arise as regards matters of interpretation relating to Section C (55) or D, the Joint Council may adopt decisions interpreting this Agreement. Any such interpretation shall be binding on the Tribunal and the Appeal Tribunal. The Joint Council may decide that an interpretation shall have binding effect from a specific date.



Article 17.39

Interpretation of annexes


1.   Following a request for consultations pursuant to Article 17.27(3), the respondent may request, in writing, the Sub-Committee to determine whether, and, if so, to what extent, the measure which is the subject of the request for consultations falls within the scope of a non-conforming measure set out in Annex 17-A or 17-B.


2.   The request to the Sub-Committee shall be submitted as soon as possible after the reception of the request for consultations. Upon the request to the Sub-Committee, the periods of time referred to in Articles 17.27(5), 17.27(8), 17.54(10) and 17.55(5) shall be suspended.


3.   The Sub-Committee shall, in good faith, attempt to make the requested determination. Any such determination shall be transmitted promptly to the disputing parties.


4.   If the Sub-Committee has not made a determination within three months of the request of the matter, the suspension of those periods of time ceases to apply.



Article 17.40

Other claims

If claims are brought pursuant to this Section, to Chapter 38 or to another international agreement concerning the same alleged breach of the provisions referred to in Article 17.25(1), and there is a potential for overlapping compensation, or the claim pursuant to the other international agreement could have a significant impact on the resolution of the claim brought pursuant to this Section, the Tribunal shall, if relevant, after hearing the disputing parties, take into account proceedings pursuant to Chapter 38 or the other international agreement in its decision, order or award. To that end, it may also stay its proceedings. In acting pursuant to this Article, the Tribunal shall respect Article 17.54(10).


Article 17.41

Anti-circumvention

For greater certainty, the Tribunal shall decline jurisdiction if the dispute had arisen, or was reasonably foreseeable, at the time when the claimant acquired ownership or control of the investment subject to the dispute or engaged in a corporate restructuring, provided that the Tribunal determines, on the basis of the facts of the case, that the claimant acquired ownership or control of the investment or engaged in the corporate restructuring for the main purpose of submitting the claim under this Section. The possibility to decline jurisdiction in such circumstances is without prejudice to other jurisdictional objections which could be entertained by the Tribunal.


Article 17.42

Claims manifestly without legal merit


1.   The respondent may, no later than 30 days after of the constitution of the division of the Tribunal pursuant to Article 17.34(7), and in any event before the first session of the division of the Tribunal, or no later than 30 days after the respondent became aware of the facts on which the objection is based, file an objection that a claim is manifestly without legal merit.


2.   The respondent shall specify as precisely as possible the basis for the objection.


3.   The Tribunal, after giving the disputing parties an opportunity to present their observations on the objection, shall, at the first session of the division of the Tribunal or promptly thereafter, issue a decision or provisional award on the objection, stating the grounds therefor. In the event that the objection is received after the first session of the division of the Tribunal, the Tribunal shall issue such decision or provisional award as soon as possible, and in any event no later than 120 days after the objection was filed. In deciding on the objection, the Tribunal shall assume the facts as alleged by the claimant to be true and may also consider any relevant facts which are not in dispute.


4.   The decision of the Tribunal shall be without prejudice to the right of a disputing party to object, pursuant to Article 17.43 or in the course of the proceedings, to the legal merits of a claim and without prejudice to the Tribunal's authority to address other objections as a preliminary question.



Article 17.43

Claims unfounded as a matter of law


1.   Without prejudice to the Tribunal's authority to address other objections as a preliminary question or to a respondent's right to raise any such objections at any appropriate time, the Tribunal shall address and decide as a preliminary question any objection by the respondent that a claim, or any part thereof, submitted under this Section, as a matter of law is not a claim for which an award in favour of the claimant may be made under Article 17.54, even if the facts as alleged by the claimant were assumed to be true. The Tribunal may also consider any relevant facts which are not in dispute.


2.   An objection pursuant to paragraph 1 of this Article shall be submitted to the Tribunal as soon as possible after the division of the Tribunal is constituted, and in any event no later than the date the Tribunal sets for the respondent to submit its counter-memorial or statement of defence. An objection pursuant to paragraph 1 may not be submitted as long as proceedings under Article 17.42 are pending, unless the Tribunal, after having taken due account of the circumstances of the case, grants leave to file an objection under this Article.


3.   On receipt of an objection pursuant to paragraph 1, and unless it considers the objection manifestly unfounded, the Tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection that is consistent with any schedule it has established for considering any other preliminary question, and issue a decision or provisional award on the objection, stating the grounds therefor.



Article 17.44

Transparency


1.   The UNCITRAL Transparency Rules shall apply to disputes under this Section mutatis mutandis, in addition to the following rules.


2.   The following documents shall be included in the list of documents referred to in Article 3(1) of the UNCITRAL Transparency Rules: the agreement to have recourse to mediation referred to in Article 17.26 of this Agreement, the request for consultations referred to in Article 17.27 of this Agreement, the notice requesting a determination of the respondent, and the determination of the respondent, referred to in Article 17.28 of this Agreement, the notice of challenge, and the decision on the challenge, referred to in Article 17.36 of this Agreement, and the consolidation request referred to in Article 17.53 of this Agreement.


3.   For greater certainty, exhibits may be made available to the public in accordance with Article 3(3) of the UNCITRAL Transparency Rules.


4.   Notwithstanding Article 2 of the UNCITRAL Transparency Rules, the EU Party or Chile, as the case may be, shall make publicly available in a timely manner and prior to the constitution of the division, the request for consultations referred to in Article 17.27 of this Agreement, the notice requesting a determination of the respondent, and the determination of the respondent, referred to in Article 17.28 of this Agreement, subject to the redaction of confidential or protected information (56). Such documents may be made publicly available by communication to the repository referred to in the UNCITRAL Transparency Rules.


5.   Any disputing party that intends to use in a hearing information designated as confidential or protected shall inform the Tribunal thereof.


6.   Any disputing party claiming that certain information constitutes confidential or protected information shall clearly designate it as such when it is submitted to the Tribunal.


7.   For greater certainty, nothing in this Section requires the respondent to withhold from the public any information required to be disclosed by its law.



Article 17.45

Interim measures

The Tribunal may order interim measures of protection to preserve the rights of a disputing party or to ensure that the Tribunal's jurisdiction is made fully effective, including an order to preserve evidence in possession or control of a disputing party, or to protect the Tribunal's jurisdiction. The Tribunal shall not order the seizure of assets or prevent the application of the treatment alleged to constitute a breach.


Article 17.46

Discontinuance

If, following the submission of a claim under this Section, the claimant fails to take any steps in the proceedings for 180 consecutive days after that submission, or for such period as the disputing parties may agree, the claimant shall be deemed to have withdrawn its claim and to have discontinued the proceedings. The Tribunal shall, at the request of the respondent, and after having given notice to the disputing parties, take note of the discontinuance in an order and issue an award on costs. After such an order has been rendered, the authority of the Tribunal shall lapse. The claimant may not subsequently submit a claim on the same matter.


Article 17.47

Security for costs


1.   For greater certainty, on request of the respondent, the Tribunal may order the claimant to provide security for all or a part of the costs if there are reasonable grounds to believe that the claimant risks not being able to honour a possible decision on costs issued against it.


2.   If the security for costs is not provided in full within 30 days of the Tribunal's order or within any other time period set by the Tribunal, the Tribunal shall inform the disputing parties thereof and may order the suspension or termination of the proceedings.


3.   The Tribunal shall consider all evidence provided in relation to the circumstances referred to in paragraph 1, including the existence of third-party funding.



Article 17.48

The non-disputing Party


1.   The respondent shall, no later than 30 days after receipt of or promptly after any dispute concerning confidential or protected information has been resolved, deliver to the non-disputing Party:






(a)


the request for consultations referred to in Article 17.27, the notice requesting a determination referred to in Article 17.28, the claim referred to in Article 17.30 and any other documents that are appended to such documents;










(b)


on request of the non-disputing Party:






(i)


pleadings, memorials, briefs, requests and other submissions made to the Tribunal by a disputing party;










(ii)


written submissions made to the Tribunal by a third person;










(iii)


minutes or transcripts of hearings of the Tribunal, if available; and










(iv)


orders, awards and decisions of the Tribunal; and














(c)


on request and at the cost of the non-disputing Party, all or part of the evidence that has been submitted to the Tribunal.






2.   The non-disputing Party has the right to attend a hearing held under this Section.


3.   The Tribunal shall accept or, after consultation with the disputing parties, may invite written or oral submissions on issues relating to the interpretation of this Agreement from the non-disputing Party. The Tribunal shall ensure that the disputing parties are given a reasonable opportunity to present their observations on any submission by the non-disputing Party.



Article 17.49

Intervention by third parties


1.   The Tribunal shall allow any person which can establish a direct and present interest in the specific circumstances of the dispute (‘the intervener’) to intervene as a third party. The intervention shall be limited to supporting, in whole or in part, the legal position of one of the disputing parties.


2.   An application to intervene must be lodged within 90 days of the publication of submission of the claim pursuant to Article 17.30. The Tribunal shall rule on the application within 90 days of the date when that application was lodged, after giving the disputing parties an opportunity to submit their observations.


3.   If the application to intervene is granted, the intervener shall receive a copy of every procedural order served on the disputing parties, except, if applicable, confidential or protected information. The intervener may submit a statement in intervention within a time period set by the Tribunal after the communication of the procedural orders. The disputing parties shall have an opportunity to reply to the statement in intervention. The intervener shall be permitted to attend the hearings held under this Section and to make an oral statement.


4.   In the event of an appeal, the intervener shall be entitled to intervene before the Appeal Tribunal. Paragraph 3 shall apply mutatis mutandis.


5.   The right of intervention conferred by this Article is without prejudice to the possibility for the Tribunal to accept amicus curiae briefs from third persons that have a significant interest in the proceedings, in accordance with Article 4 of the UNCITRAL Transparency Rules.


6.   For greater certainty, the fact that a person is a creditor of the claimant shall not be considered in itself sufficient to establish that that person has a direct and present interest in the specific circumstances of the dispute.



Article 17.50

Expert reports

Without prejudice to the appointment of other kinds of experts, when authorised by the applicable rules referred to in Article 17.30(2), the Tribunal, on request of a disputing party or on its own initiative after consulting the disputing parties, may appoint one or more experts to report to it in writing on any factual issue concerning environmental, health, safety or other matters raised by a disputing party in the proceedings.


Article 17.51

Indemnification and other compensation

The Tribunal shall not accept as a valid defence or similar claim the fact that the claimant or the locally established enterprise has received, or will receive, indemnification or other compensation pursuant to an insurance or guarantee contract in respect of all or part of the compensation sought in a dispute initiated pursuant to this Section.


Article 17.52

Role of the Parties


1.   A Party shall not bring an international claim in respect of a dispute submitted pursuant to Article 17.30, unless the other Party has failed to abide by and comply with the award rendered in such dispute. This shall not exclude the possibility of dispute settlement under Chapter 38 in respect of a measure of general application, even if that measure is alleged to have violated this Agreement as regards a specific investment in respect of which a dispute has been initiated pursuant to Article 17.30. This paragraph is without prejudice to Article 17.48.


2.   Paragraph 1 does not preclude informal exchanges for the sole purpose of facilitating a settlement of the dispute.



Article 17.53

Consolidation


1.   If two or more claims that have been submitted separately under this Section have a question of law or fact in common and arise from the same events and circumstances, the respondent may submit to the President of the Tribunal a request for the consolidated consideration of all such claims or parts thereof. The request shall stipulate:






(a)


the names and addresses of the disputing parties to the claims sought to be consolidated;










(b)


the scope of the consolidation sought; and










(c)


the grounds for the request sought.






2.   The respondent shall also deliver the request to each claimant in the claims which the respondent seeks to consolidate.


3.   If all disputing parties to the claims sought to be consolidated agree on the consolidated consideration of the claims, those disputing parties shall submit a joint request to the President of the Tribunal pursuant to paragraph 1. Unless the President of the Tribunal determines that the request is manifestly unfounded, the President of the Tribunal shall, within 30 days of receiving such request, constitute a new division (the ‘consolidating division’) of the Tribunal pursuant to Article 17.34, which shall have jurisdiction over some or all of the claims, in whole or in part, which are subject to that request.


4.   If the disputing parties referred to in paragraph 3 of this Article have not reached an agreement on consolidation within 30 days of the receipt of the request for consolidation referred to in paragraph 1 of this Article by the last claimant to receive it, the President of the Tribunal shall constitute a consolidating division of the Tribunal pursuant to Article 17.34. The consolidating division shall assume jurisdiction over some or all of the claims, in whole or in part, if, after considering the views of the disputing parties, it is satisfied that the claims submitted pursuant to Article 17.30 have a question of law or fact in common and arise from the same events or circumstances, and that consolidation would best serve the interests of fair and efficient resolution of the claims, including the interest of consistency of awards.


5.   If the claimants have not agreed on the dispute settlement rules provided for in the list set out in Article 17.30(2) within 30 days of the date of receipt of the request for consolidated consideration by the last claimant to receive it, the consolidated consideration of the claims shall be submitted to the consolidating division of the Tribunal under application of the UNCITRAL Arbitration Rules subject to the rules set out in this Section.


6.   Divisions of the Tribunal constituted pursuant to Article 17.34 shall cede jurisdiction in relation to the claims, or parts thereof, over which the consolidating division has jurisdiction, and the proceedings of such divisions shall be suspended. The award of the consolidating division of the Tribunal in relation to the parts of the claims over which it has assumed jurisdiction shall be binding on the divisions which have jurisdiction over the remainder of the claims as of the date on which the award becomes final pursuant to Article 17.56.


7.   A claimant whose claim is subject to consolidation may withdraw its claim, or the part thereof subject to consolidation, from the dispute settlement proceedings under this Article, and, in that event, such claim or part thereof may not be resubmitted pursuant to Article 17.30.


8.   At the request of the respondent, the consolidating division of the Tribunal, on the same basis and with the same effect as in paragraphs 3 to 6, may decide whether it shall have jurisdiction over all or part of a claim falling within the scope of paragraph 1 which is submitted after the initiation of the consolidation proceedings.


9.   On request of one of the claimants, the consolidating division of the Tribunal may take measures in order to preserve the confidentiality of confidential or protected information of that claimant vis-à-vis other claimants. Such measures may include the submission of redacted versions of documents containing confidential or protected information to the other claimants, or arrangements to hold parts of the hearing in private.



Article 17.54

Provisional award


1.   If the Tribunal concludes that the respondent has breached any of the provisions referred to in Article 17.25(1) as alleged by the claimant, the Tribunal may, on the basis of a request from the claimant and after hearing the disputing parties, award only:






(a)


monetary damages and any applicable interest; and










(b)


restitution of property, in which case the award shall provide that the respondent may pay monetary damages, and any applicable interest in lieu of restitution, determined in accordance with Article 17.19.




Where the claim was submitted on behalf of a locally established enterprise, any award under this paragraph shall provide that:






(a)


any monetary damages and interest shall be paid to the locally established enterprise;










(b)


any restitution of property shall be made to the locally established enterprise.




For greater certainty, the Tribunal may not award remedies other than those referred to in the first subparagraph, nor may order the repeal, cessation or modification of the measure concerned.


2.   Monetary damages shall not be greater than the loss suffered by the claimant or, if the claimant acted on behalf of the locally established enterprise, by the locally established enterprise as a result of the breach of the relevant provisions referred to in Article 17.25(1), reduced by any prior damages or compensation already provided by the Party concerned. The Tribunal shall establish such monetary damages on the basis of the submissions of the disputing parties, and shall consider, if applicable, contributory fault, whether deliberate or negligent, or failure to mitigate damages.


3.   For greater certainty, if an investor of a Party submits a claim pursuant to Article 17.30, it may recover only loss or damage that it has incurred in its capacity as an investor of a Party.


4.   The Tribunal may not award punitive damages.


5.   The Tribunal shall order that the costs of the conduct of the proceedings be borne by the unsuccessful disputing party. In exceptional circumstances, the Tribunal may apportion such costs between the disputing parties if it determines that apportionment is appropriate in the circumstances of the case.


6.   The Tribunal shall also allocate other reasonable costs, including the reasonable costs of legal representation and assistance, to be borne by the unsuccessful disputing party when it dismisses a claim and renders an award pursuant to Article 17.42 or 17.43. In other circumstances, the Tribunal shall determine the allocation of other reasonable costs, including the reasonable costs of legal representation and assistance among the disputing parties, taking into consideration the outcome of the proceedings and other relevant circumstances, such as the conduct of the disputing parties.


7.   If only some parts of the claims have been successful, the costs shall be adjusted proportionately to the number or extent of the successful parts of the claims.


8.   The Appeal Tribunal shall establish and apportion costs in accordance with this Article.


9.   No later than one year after the date of entry into force of this Agreement, the Joint Committee shall adopt supplementary rules on fees for the purpose of determining the maximum amount of costs of legal representation and assistance that may be borne by specific categories of unsuccessful disputing parties, taking into account their financial resources.


10.   The Tribunal shall issue a provisional award within 24 months of the date of submission of the claim. If that deadline cannot be respected, the Tribunal shall adopt a decision to that effect, which shall specify to the disputing parties the reasons for such delay and indicate an estimated date for the issuance of the provisional award.



Article 17.55

Appeal procedure


1.   Either disputing party may appeal a provisional award before the Appeal Tribunal within 90 days of its issuance. The grounds for appeal are:






(a)


that the Tribunal has erred in the interpretation or application of the applicable law;










(b)


that the Tribunal has manifestly erred in the appreciation of the facts, including, if relevant, the appreciation of the law of a Party; or










(c)


those provided for in Article 52 of the ICSID Convention, in so far as they are not covered by subparagraph (a) or (b) of this paragraph.






2.   The Appeal Tribunal shall reject the appeal if it finds that the appeal is unfounded. It may also reject the appeal on an expedited basis if it is clear that the appeal is manifestly unfounded.


3.   If the Appeal Tribunal finds that the appeal is well founded, the decision of the Appeal Tribunal shall modify or reverse the legal findings and conclusions in the provisional award in whole or part. Its decision shall specify precisely how it has modified or reversed the relevant findings and conclusions of the Tribunal.


4.   If the facts established by the Tribunal so permit, the Appeal Tribunal shall apply its own legal findings and conclusions to such facts and render a final decision. If that is not possible, it shall refer the matter back to the Tribunal.


5.   As a general rule, the appeal proceedings shall not exceed 180 days from the date of formal notification of a disputing party’s decision to appeal until the date of issuance of the decision of the Appeal Tribunal. In the event that the Appeal Tribunal considers that it cannot issue its decision within that 180-day period, it shall inform the disputing parties in writing of the reasons for the delay together with an estimate of the period within which it shall issue its decision. The proceedings shall not, in any case, exceed 270 days.


6.   A disputing party lodging an appeal shall provide security for the costs of appeal.


7.   Articles 17.33, 17.44, 17.45, 17.46, 17.48 and, if relevant, other provisions of this Section, shall apply mutatis mutandis in respect of the appeal procedure.



Article 17.56

Final award


1.   A provisional award issued pursuant to this Section shall become final if neither disputing party has appealed the provisional award pursuant to Article 17.55.


2.   If a provisional award has been appealed and the Appeal Tribunal has rejected the appeal pursuant to Article 17.55, the provisional award shall become final on the date of rejection of the appeal by the Appeal Tribunal.


3.   If a provisional award has been appealed and the Appeal Tribunal has rendered a final decision, the provisional award as modified or reversed by the Appeal Tribunal shall become final on the date of issuance of the final decision of the Appeal Tribunal.


4.   If a provisional award has been appealed and the Appeal Tribunal has modified or reversed the legal findings and conclusions of the provisional award and referred the matter back to the Tribunal, the Tribunal shall, after hearing the disputing parties, if appropriate, revise its provisional award to reflect the findings and conclusions of the Appeal Tribunal. The Tribunal shall be bound by the findings of the Appeal Tribunal. The Tribunal shall seek to issue its revised award within 90 days of receiving the decision of the Appeal Tribunal. The revised provisional award shall become final 90 days after the date of its issuance.


5.   The final award shall include any final decision of the Appeal Tribunal rendered pursuant to Article 17.55.



Article 17.57

Enforcement of awards


1.   An award rendered pursuant to this Section shall not be enforceable until it has become final pursuant to Article 17.56. Final awards issued pursuant to this Section shall be binding upon the disputing parties and shall not be subject to appeal, review, setting aside, annulment or any other remedy (57).


2.   Each Party shall recognise an award rendered pursuant to this Section as binding and enforce the pecuniary obligation within its territory as if it were a final judgement of a domestic tribunal or court of that Party.


3.   The execution of the award shall be governed by the laws and regulations concerning the execution of judgments or awards in force where such execution is sought.


4.   For greater certainty, Article 41.10 shall not prevent the recognition, execution and enforcement of awards rendered pursuant to this Section.


5.   For the purposes of Article 1 of the New York Convention, final awards issued pursuant to this Section are arbitral awards relating to claims that are considered to arise from a commercial relationship or transaction.


6.   For greater certainty, and subject to paragraph 1 of this Article, if a claim has been submitted to dispute settlement pursuant to subparagraph (a) of Article 17.30(2) of this Agreement, a final award issued pursuant to this Section shall qualify as an award under Section 6 of the ICSID Convention.







CHAPTER 18



CROSS-BORDER TRADE IN SERVICES



Article 18.1

Scope


1.   This Chapter applies to measures of a Party affecting cross-border trade in services supplied by service suppliers of the other Party. Such measures include measures that affect:






(a)


the production, distribution, marketing, sale and delivery of a service;










(b)


the purchase or use of, or payment for, a service;










(c)


the access to and use of, in connection with the supply of a service, services which are required by a Party to be offered to the public generally, including distribution, transport and telecommunications networks; and










(d)


the provision of a bond or other form of financial security, as a condition for the supply of a service.






2.   This Chapter does not apply to:






(a)


financial services, as defined in Article 25.2;










(b)


audio-visual services;










(c)


national maritime cabotage (58);










(d)


domestic and international air services or related services in support of air services (59), whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:






(i)


aircraft repair and maintenance services during which an aircraft is withdrawn from service;










(ii)


selling and marketing of air transport services;










(iii)


computer reservation system (CRS) services; and










(iv)


ground handling services;














(e)


public procurement; and










(f)


subsidies or grants provided by a Party or by a state-owned enterprise, including government-supported loans, guarantees and insurance.







Article 18.2

Definitions

For the purposes of this Chapter and Annexes 17-A, 17-B and 17-C:






(a)


‘aircraft repair and maintenance services’ means such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance;










(b)


‘computer reservation system (CRS) services’ means services provided by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;










(c)


‘cross-border trade in services’ or ‘cross-border supply of services’ means the supply of a service:






(i)


from the territory of a Party into the territory of the other Party; or










(ii)


in the territory of a Party to a service consumer of the other Party;














(d)


‘enterprise’ means a juridical person, branch or representative office set up through establishment;










(e)


‘ground handling services’ means the supply at an airport, on a fee or contract basis, of the following services: airline representation, administration and supervision; passenger handling; baggage handling; ramp services; catering, except for the preparation of food; air cargo and mail handling; fuelling of an aircraft; aircraft servicing and cleaning; surface transport; and flight operation, crew administration and flight planning; ground handling services do not include: self-handling; security; line maintenance; aircraft repair and maintenance; or management or operation of essential centralised airport infrastructure, such as de-icing facilities, fuel distribution systems, baggage handling systems and fixed intra-airport transport systems;










(f)


‘juridical person of a Party’ means (60):






(i)


for the EU Party:






(A)


a juridical person constituted or organised under the law of the European Union or of at least one of its Member States and engaged in substantive business operations (61) in the territory of the European Union; and










(B)


shipping companies established outside the European Union, and controlled by natural persons of a Member State, whose vessels are registered in, and fly the flag of, a Member State;














(ii)


for Chile:






(A)


a juridical person constituted or organised under the law of Chile and engaged in substantive business operations in the territory of Chile; and










(B)


shipping companies established outside Chile, and controlled by natural persons of Chile, whose vessels are registered in, and fly the flag of, Chile;


















(g)


‘selling and marketing of air transport services’ means opportunities for the air carrier concerned to sell and market freely its air transport services, including all aspects of marketing such as market research, advertising and distribution; these activities do not include the pricing of air transport services or the applicable conditions;










(h)


‘service’ means any service in any sector except services supplied in the exercise of governmental authority;










(i)


‘service supplied in the exercise of governmental authority’ means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers; and










(j)


‘service supplier of a Party’ means any natural or juridical person of a Party that seeks to supply or supplies a service.






Article 18.3

Right to regulate

The Parties reaffirm the right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, social services, education, safety, the environment, including climate change, public morals, social or consumer protection, privacy and data protection, or the promotion and protection of cultural diversity.


Article 18.4

National treatment


1.   Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than the treatment it accords, in like situations, to its own services and service suppliers.


2.   The treatment accorded by a Party under paragraph 1 means:






(a)


with respect to a regional or local government of Chile, treatment no less favourable than the most favourable treatment accorded, in like situations, by that level of government to its own services and service suppliers;










(b)


with respect to a government of, or in, a Member State, treatment no less favourable than the most favourable treatment accorded, in like situations, by that government to its own services and service suppliers.






3.   A Party may meet the requirement set out in paragraph 1 by according to services and service suppliers of the other Party either formally identical treatment or formally different treatment to that it accords to its own services and service suppliers.


4.   Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of a Party when compared to service suppliers of the other Party.


5.   Nothing in this Article shall be construed as requiring a Party to compensate for inherent competitive disadvantages which result from the foreign character of the relevant services or services suppliers.



Article 18.5

Most-favoured-nation treatment


1.   Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than the treatment it accords, in like situations, to services and service suppliers of a third country.


2.   Paragraph 1 shall not be construed as obliging a Party to extend to services and service suppliers of the other Party the benefit of any treatment resulting from measures providing for the recognition of standards, including of the standards or criteria for the authorisation, licensing or certification of a natural person or an enterprise for carrying out an economic activity, or of prudential measures.


3.   For greater certainty, the treatment referred to in paragraph 1 does not include dispute resolution procedures or mechanisms provided for in other international treaties or trade agreements. The substantive provisions in other international treaties or trade agreements do not in themselves constitute ‘treatment’ as referred to in paragraph 1 and thus cannot give rise to a breach of this Article, absent measures adopted or maintained by a Party. Measures of a Party applied pursuant to such substantive provisions may constitute ‘treatment’ under this Article and thus give rise to a breach of this Article.



Article 18.6

Local presence

A Party shall not require a service supplier of the other Party to establish or maintain an enterprise or to be resident in its territory as a condition for the cross-border supply of a service.


Article 18.7

Market access

In the sectors or subsectors where market access commitments are undertaken, a Party shall not adopt or maintain, either on the basis of its entire territory or on the basis of a territorial subdivision, measures that:






(a)


impose limitations on:






(i)


the number of service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;










(ii)


the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;










(iii)


the total number of service operations or the total quantity of services output, expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test (62); or










(iv)


the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test; or














(b)


restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service.






Article 18.8

Non-conforming measures


1.   Articles 18.4, 18.5 and 18.6 do not apply to:






(a)


any existing non-conforming measure that is maintained by:






(i)


for the EU Party:






(A)


the European Union, as set out in Appendix 17-A-1;










(B)


the central government of a Member State, as set out in Appendix 17-A-1;










(C)


a regional level of government of a Member State, as set out in Appendix 17-A-1; or










(D)


a local level of government; and














(ii)


for Chile:






(A)


the central government, as set out in Appendix 17-A-2;










(B)


a regional level of government, as set out in Appendix 17-A-2; or










(C)


a local level of government;


















(b)


the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a) of this paragraph; or










(c)


a modification to any non-conforming measure referred to in subparagraph (a) of this paragraph, to the extent that the modification does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 18.4, 18.5 and 18.6.






2.   Articles 18.4, 18.5 and 18.6 do not apply to any measure of a Party with respect to sectors, sub-sectors or activities as set out in its schedule in Annex 17-B.


3.   Article 18.7 does not apply to any measure of a Party with respect to committed sectors, subsectors or activities, as set out in Annex 17-C.



Article 18.9

Denial of benefits

A Party may deny a service supplier of the other Party the benefits of this Chapter if the denying Party adopts or maintains measures related to the maintenance of international peace and security, including the protection of human rights, which:






(a)


prohibit transactions with that service supplier, or with a person who owns or controls that service supplier; or










(b)


would be violated or circumvented if the benefits of this Chapter were accorded to that service supplier.






Article 18.10

Sub-Committee on Services and Investment

The Sub-Committee on Services and Investment (‘Sub-Committee’) is established pursuant to Article 8.8(1). When addressing matters related to services, the Sub-Committee shall monitor and ensure proper implementation of this Chapter, Chapters 19, 20, 21, 22, 23, 24 and 26 and Annexes 17-A to 17-I, 19-A, 19-B, 19-C, 21-A and 21-B.




CHAPTER 19



TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES



Article 19.1

Scope


1.   This Chapter applies to measures of a Party concerning the performance of economic activities through the entry and temporary stay in its territory of natural persons of the other Party who are business visitors for establishment purposes, investors, intra-corporate transferees, short-term business visitors, contractual services suppliers and independent professionals.


2.   This Chapter does not apply to the sectors referred to in subparagraphs (b), (c) and (d) of Article 18.1(2).


3.   This Chapter does not apply to measures of a Party affecting natural persons of the other Party seeking access to its employment market, or to measures regarding citizenship, nationality, residence or employment on a permanent basis.


4.   Nothing in this Agreement shall prevent a Party from applying measures regulating the entry of natural persons of the other Party into, or their temporary stay in, its territory, including measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its border, provided that those measures are not applied in a manner as to nullify or impair the benefits accruing to the other Party under this Part of this Agreement.


5.   The sole fact that a Party requires persons of the other Party to obtain a visa shall not be construed as nullifying or impairing the benefits accruing to the other Party under this Part of this Agreement.


6.   To the extent that commitments are not undertaken under this Chapter, all requirements provided for in the law of a Party regarding the entry and temporary stay of natural persons shall continue to apply, including laws and regulations concerning the period of stay.


7.   Notwithstanding this Chapter, all requirements provided for in the law of a Party regarding work and social security measures, including laws and regulations concerning minimum wages and collective wage agreements, shall continue to apply.


8.   Commitments under this Chapter on the entry and temporary stay of natural persons for business purposes do not apply in cases where the intent or effect of the entry and temporary stay is to interfere with or otherwise affect the outcome of any labour or management dispute or negotiation, or the employment of any natural person who is involved in that dispute.



Article 19.2

Definitions


1.   The definitions in Articles 17.2 and 18.2 apply to this Chapter and to Annexes 19-A, 19-B and 19-C, with the exception of the definition of investor of a Party in subparagraph (l) of Article 17.2(1).


2.   For the purposes of this Chapter and Annexes 19-A, 19-B and 19-C:






(a)


‘business sellers’ means short-term business visitors who:






(i)


are representatives of a service or goods supplier of a Party for the purposes of negotiating the sale of services or goods, or entering into agreements to sell services or goods for that supplier, including: attending meetings or conferences; engaging in consultations with business colleagues; and taking orders or negotiating contracts with an enterprise located in the territory of the other Party;










(ii)


are not engaged in the supply of a service in the framework of a contract concluded between an enterprise that has no commercial presence in the territory of the Party where the short-term business visitors are staying temporarily, and a consumer in that territory; and










(iii)


are not commission agents;














(b)


‘business visitors for establishment purposes’ means natural persons working in a senior position within a juridical person of a Party who are responsible for establishing an enterprise of such juridical person in the territory of the other Party, who do not offer or provide services or engage in any economic activity other than that required for establishment purposes, and who do not receive remuneration from a source located within the other Party;










(c)


‘contractual services suppliers’ means natural persons employed by a juridical person of a Party which is not itself established in the territory of the other Party and is not an agency for placement and supply services of personnel, or acting through such an agency, and which has concluded a bona fide contract with a final consumer in the other Party to supply services in the other Party requiring the presence on a temporary basis of its employees in that other Party in order to fulfil the contract to supply services (63);










(d)


‘independent professionals’ means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party, but not in the territory of the other Party, who have concluded a bona fide contract, other than through an agency for placement and supply services of personnel, with a final consumer to supply services in the other Party requiring their presence on a temporary basis in that other Party (64);










(e)


‘installers and maintainers’ means short-term business visitors possessing specialised knowledge essential to a seller's or lessor's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale or lease of commercial or industrial equipment or machinery, including computer and related services, purchased or leased from an enterprise located outside the territory of the Party into which entry and temporary stay is sought, throughout the duration of the warranty or service contract;










(f)


‘intra-corporate transferees’ means natural persons who have been employed by, or partners in, a juridical person of a Party for at least one year, who are temporarily transferred to an enterprise of that juridical person in the territory of the other Party, and who belong to one of the following categories:






(i)


managers;










(ii)


specialists;










(iii)


trainee employees;














(g)


‘investor’ means a natural person who establishes in the territory of the other Party an enterprise to which that natural person or the juridical person employing that natural person has committed, or is in the process of committing, a substantial amount of capital, and who develops or administers the operation of that enterprise in a capacity that is supervisory or executive;










(h)


‘managers’ means natural persons working in a senior position within a juridical person of a Party who primarily direct the management of the enterprise in the territory of the other Party (65), receiving general supervision or direction principally from higher level executives, the board of directors or from stockholders of the business or their equivalent and whose responsibilities include:






(i)


directing the enterprise or a department or subdivision thereof;










(ii)


supervising and controlling the work of other supervisory, professional or managerial employees; and










(iii)


having the personal authority to recruit and dismiss or to recommend recruitment, dismissal or other personnel-related actions;














(i)


‘short-term business visitors’ means natural persons who are seeking entry and temporary stay in the territory of the other Party who do not engage in making direct sales to the general public, do not receive remuneration from a source located within the other Party, and belong to one of the following categories:






(i)


business sellers;










(ii)


installers and maintainers;














(j)


‘specialists’ means natural persons working within a juridical person of a Party who possess specialised knowledge essential to the areas of activity, techniques or management of the enterprise; in assessing such knowledge, account shall be taken not only of knowledge specific to the enterprise, but also of whether the person has a high level of qualification, including adequate professional experience, regarding a type of work or activity requiring specific technical knowledge, including possible membership of an accredited profession; and










(k)


‘trainee employees’ means natural persons who possess a university degree and are temporarily transferred for career development purposes or to obtain training in business techniques or methods (66).







Article 19.3

Intra-corporate transferees, business visitors for establishment purposes and investors


1.   Subject to the relevant conditions and qualifications set out in Annex 19-A, each Party:






(a)


shall allow the entry and temporary stay of intra-corporate transferees, business visitors for establishment purposes and investors of the other Party;










(b)


shall allow the employment in its territory of intra-corporate transferees of the other Party;










(c)


shall not maintain or adopt limitations in the form of numerical quotas or the requirement of an economic needs tests on the total number of natural persons who, in a specific sector, are allowed entry as business visitors for establishment purposes or investors, or who may be employed as intra-corporate transferees, either on the basis of a territorial subdivision or on the basis of its entire territory; and










(d)


shall accord to intra-corporate transferees, business visitors for establishment purposes and investors of the other Party, with regard to their temporary stay in its territory, treatment no less favourable than that it accords, in like situations, to its own natural persons.






2.   The permissible length of stay shall be:






(a)


for Chile, a period of up to two years which may be extended, without a requirement to apply for permanent residence, provided that the conditions on which the stay is based remain in effect; and










(b)


for the EU Party, a period of up to three years for managers and specialists, up to one year for trainee employees and investors, and up to 90 days within any six-month period for business visitors for establishment purposes.







Article 19.4

Short-term business visitors


1.   Subject to the scope exclusions set out in Article 17.7(2) and subject to the relevant conditions and qualifications set out in Annex 19-A, a Party shall allow entry and temporary stay of short-term business visitors without the requirement of a work permit, economic needs test or other prior approval procedures of similar intent.


2.   If short-term business visitors of a Party are engaged in the supply of a service to a consumer in the territory of the Party where they are staying temporarily, that Party shall accord to them, with regard to the supply of that service, treatment no less favourable than that it accords, in like situations, to its own service suppliers.


3.   The permissible length of stay shall be a period of up to 90 days in any 12-month period.



Article 19.5

Contractual services suppliers and independent professionals


1.   Each Party shall allow the entry and temporary stay of contractual services suppliers of the other Party in its territory, in the sectors, subsectors and activities set out in Annex 19-B, subject to the relevant conditions and qualifications specified therein, and provided that:






(a)


the natural persons are engaged in the supply of a service as employees of a juridical person which has obtained a service contract not exceeding 12 months;










(b)


the natural persons entering the other Party have been engaged as employees of the juridical person referred to in subparagraph (a) for at least one year immediately preceding the date of submission of an application for entry into the other Party and possess, on the date of application for entry, at least three years of professional experience, obtained after having reached the age of majority, in the sector of activity which is the subject of the contract;










(c)


the natural persons entering the other Party shall possess:






(i)


a university degree or a qualification demonstrating knowledge of an equivalent level (67); and










(ii)


professional qualifications, if required to exercise an activity pursuant to the laws and regulations of the Party where the service is supplied;














(d)


the natural person does not receive remuneration for the provision of services in the territory of the other Party, other than the remuneration paid by the juridical person employing the natural person; and










(e)


access accorded pursuant to this Article relates only to the service activity which is the subject of the contract and does not confer entitlement to use the professional title of the Party where the service is provided.






2.   Each Party shall allow the entry and temporary stay of independent professionals of the other Party in its territory in the sectors, subsectors and activities set out in Annex 19-B, subject to the relevant conditions and qualifications specified therein, and provided that:






(a)


the contract concluded does not exceed a period of 12 months;










(b)


the natural persons possess, on the date of application for entry and temporary stay, at least six years of professional experience in the sector of activity which is the subject of the contract.










(c)


the natural persons entering into the territory of the other Party possess:






(i)


a university degree or a qualification demonstrating knowledge of an equivalent level (68); and










(ii)


professional qualifications, if such are required to exercise an activity pursuant to the laws and regulations of the Party where the service is supplied;














(d)


access accorded pursuant to this Article relates only to the service activity which is the subject of the contract; it does not confer entitlement to use the professional title of the Party where the service is provided.






3.   A Party shall not adopt or maintain limitations on the total number of contractual services suppliers or independent professionals of the other Party who are allowed entry and temporary stay in the form of numerical quotas or the requirement of an economic needs test.


4.   A Party shall accord to contractual services suppliers and independent professionals of the other Party, with regard to the supply of their services in its territory, treatment no less favourable than that it accords, in like situations, to its own service suppliers.


5.   The permissible length of stay shall be:






(a)


for the EU Party, a cumulative period of not more than six months in any 12-month period or for the duration of the contract, whichever is less; and










(b)


for Chile, a period up to one year which may be extended for subsequent periods, provided that the conditions on which the stay is based remain in effect.







Article 19.6

Non-conforming measures

To the extent that the relevant measure affects the entry or temporary stay of natural persons for business purposes, subparagraphs (c) and (d) of Article 19.3(1) and Article 19.5(3) and (4) do not apply to:






(a)


any existing non-conforming measure of a Party at the level of:






(i)


for the EU Party:






(A)


the European Union, as set out in Appendix 17-A-1;










(B)


the central government of a Member State, as set out in Appendix 17-A-1;










(C)


a regional government of a Member State, as set out in Appendix 17-A-1; or










(D)


a local government, other than that referred to in subparagraph (C); and














(ii)


for Chile:






(A)


the central government, as set out in Appendix 17-A-2;










(B)


a regional government, as set out in Appendix 17-A-2; or










(C)


a local government;


















(b)


the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a) of this paragraph;










(c)


a modification of any non-conforming measure referred to in subparagraphs (a) and (b) of this Article to the extent that it does not decrease the conformity of the measure, as it existed immediately before the modification, with subparagraphs (c) and (d) of Article 19.3(1) and Article 19.5(3) and (4); or










(d)


any measure of a Party consistent with a condition or qualification specified in Annex 17-B.






Article 19.7

Transparency


1.   A Party shall make publicly available information relating to the entry and temporary stay of natural persons of the other Party referred to in Article 19.1(1).


2.   The information referred to in paragraph 1 of this Article shall include, if applicable, the following information:






(a)


categories of visa, permits or any similar type of authorisation regarding the entry and temporary stay;










(b)


documentation required and conditions to be met;










(c)


method of filing an application and options on where to file it, such as consular offices or online;










(d)


application fees and an indicative timeframe of the processing of an application;










(e)


the maximum length of stay under each type of authorisation referred to in subparagraph (a) of this paragraph;










(f)


conditions for any available extension or renewal;










(g)


rules regarding accompanying dependents;










(h)


available review or appeal procedures; and










(i)


relevant laws of general application pertaining to the entry and temporary stay of natural persons.






3.   With respect to the information referred to in paragraphs 1 and 2 of this Article, a Party shall endeavour to promptly inform the other Party of the introduction of any new requirements or procedures, or of any changes in requirements or procedures, which affect the effective application for the grant of entry into, temporary stay in and, if applicable, permission to work in the former Party.



Article 19.8

Non-application of dispute settlement

Chapter 38 does not apply to a refusal to grant entry and temporary stay unless the matter involves a pattern of practice.




CHAPTER 20



DOMESTIC REGULATION



Article 20.1

Scope and definitions


1.   This Chapter applies to measures by the Parties relating to licensing requirements and procedures, qualification requirements and procedures, and technical standards (69) that affect:






(a)


cross-border supply of services;










(b)


the supply of a service or pursuit of any other economic activity through the establishment of an enterprise or operation of a covered investment; or










(c)


the supply of a service through the temporary stay of certain categories of natural persons of a Party in the territory of the other Party, as set out in Article 19.1.






2.   This Chapter only applies to sectors for which a Party has undertaken specific commitments under Chapters 17, 18 and 19 and to the extent that those specific commitments apply.


3.   Notwithstanding paragraph 2, this Chapter does not apply to licensing requirements and procedures, qualification requirements and procedures, and technical standards relating to:






(a)


manufacturing of basic chemicals and other chemical products;










(b)


manufacturing of rubber products;










(c)


manufacturing of plastics products;










(d)


manufacturing of electric motors, generators and transformers;










(e)


manufacturing of accumulators, primary cells and primary batteries; and










(f)


recycling of metal and non-metal waste and scrap.






4.   Notwithstanding paragraph 1, this Chapter does not apply to measures of a Party to the extent that they constitute limitations subject to scheduling pursuant to Articles 17.5, 17.6, Article 17.11(1), 17.11(2), Articles 18.4, 18.6, 18.7, Articles 18.8(1), 18.8(2), 19.3(1), 19.4(2), 19.5(1) and Article 19.6.


5.   For the purposes of this Chapter:






(a)


‘authorisation’ means a permission to carry out any of the activities referred to in subparagraphs (a), (b) and (c) of paragraph 1 resulting from a procedure to which an applicant must adhere in order to demonstrate compliance with licensing requirements, qualification requirements or technical standards;










(b)


‘competent authority’ means a central, regional or local government or authority, or a non-governmental body in the exercise of powers delegated by central, regional or local governments or authorities, which is empowered to take a decision concerning the authorisation to supply a service, including through establishment of an enterprise, or concerning the authorisation to pursue any other economic activity;










(c)


‘licensing procedures’ means administrative or procedural rules to which a natural or a juridical person seeking an authorisation, including an amendment or renewal of an authorisation, must adhere in order to demonstrate compliance with licensing requirements;










(d)


‘licensing requirements’ means substantive requirements, other than qualification requirements, with which a natural or a juridical person is required to comply in order to obtain, amend or renew an authorisation;










(e)


‘qualification procedures’ means administrative or procedural rules to which a natural person must adhere in order to demonstrate compliance with qualification requirements, for the purposes of obtaining an authorisation; and










(f)


‘qualification requirements’ means substantive requirements relating to the competence of a natural person to supply a service, and with which a natural person is required to comply in order to obtain, amend or renew an authorisation.






6.   For the purposes of this Chapter, the definitions set out in Articles 17.2 and 18.2 also apply.



Article 20.2

Conditions for licensing and qualification


1.   Each Party shall ensure that measures relating to licensing requirements, licensing procedures, and qualification requirements and qualification procedures are based on criteria which preclude the competent authorities from exercising their power of assessment in an arbitrary manner (70).


2.   The criteria referred to in paragraph 1 shall be:






(a)


clear;










(b)


objective and transparent; and










(c)


accessible to the public and interested persons in advance.






3.   When adopting technical standards, each Party shall encourage its competent authorities to adopt technical standards developed through open and transparent processes, and shall encourage bodies, including relevant international organisations (71), designated to develop technical standards to use open and transparent processes.


4.   An authorisation shall, subject to availability, be granted as soon as it is established, in the light of an appropriate examination, that the conditions for obtaining an authorisation have been met.


5.   Where the number of licences available for a given activity is limited because of the scarcity of available natural resources or technical capacity, each Party shall apply a selection procedure to potential candidates which provides full guarantees of impartiality and transparency, including, in particular, adequate publicity about the launch, conduct and completion of the procedure.


6.   Subject to paragraph 5, in establishing the rules for the selection procedure, each Party may take into account legitimate policy objectives, including considerations of health, safety, protection of the environment and preservation of cultural heritage.



Article 20.3

Licensing and qualification procedures


1.   Licensing and qualification procedures and formalities shall be clear, made public in advance, and shall not in themselves constitute a restriction on the supply of a service or the pursuit of any other economic activity. Each Party shall endeavour to make such procedures and formalities as simple as possible and shall not unduly complicate or delay the supply of the service or the pursuit of any other economic activity.


2.   If authorisation is required, each Party shall promptly publish or otherwise make publicly available the information necessary for the applicant to comply with the requirements and procedures for obtaining, maintaining, amending and renewing such authorisation. Such information shall include at least the following, to the extent that it exists:






(a)


the requirements and procedures;










(b)


contact information of relevant competent authorities;










(c)


fees;










(d)


technical standards;










(e)


procedures for appeal or review of decisions concerning applications;










(f)


procedures for monitoring or enforcing compliance with the terms and conditions of licences and qualifications;










(g)


opportunities for public involvement, such as through hearings or comments; and










(h)


indicative timeframes for processing an application.






3.   Any authorisation fee (72) which the applicants may incur shall be reasonable, transparent, and not in itself restrict the supply of the relevant service or the pursuit of the relevant economic activity.


4.   Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the authorisation process are impartial with respect to all applicants. The competent authority shall reach its decision in an independent manner and not be accountable to any person supplying the services or carrying out the economic activities for which the authorisation is required.


5.   If specific time limits for applications apply, an applicant shall be allowed a reasonable period for the submission of an application. If possible, the competent authority should accept applications in electronic format under the same conditions of authenticity as paper submissions.


6.   The competent authority shall start processing an application without undue delay after submission. Each Party shall endeavour to establish the indicative timeframe for the processing of an application and shall, at the request of the applicant and without undue delay, ensure that the competent authority provides information concerning the status of the application. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable period of time after the date of submission of a complete application.


7.   The competent authority shall, within a reasonable period of time after the receipt of an application which it considers incomplete, inform the applicant, identify, to the extent feasible, the additional information required to complete the application, and provide the applicant with the opportunity to correct inadequacies in the application.


8.   The competent authority shall accept copies of documents that are authenticated in accordance with the Party's law, instead of original documents, unless the competent authority requires original documents to protect the integrity of the authorisation process.


9.   If an application is rejected by the competent authority, the applicant shall be informed, either on its own request or on the competent authority's initiative, in writing and without undue delay. In principle, the applicant shall be informed of the reasons for the decision to reject the application and of the timeframe for submitting an appeal against that decision. An applicant shall be permitted, within a reasonable time period, to resubmit an application.


10.   Each Party shall ensure that an authorisation, once granted, enters into effect without undue delay and in accordance with the terms and conditions specified therein.


11.   Where examinations are required for an authorisation, the competent authority shall ensure that such examinations occur at reasonably frequent intervals, and provide a reasonable period of time to enable applicants to request to take the examination.



Article 20.4

Review

If the results of the negotiations related to paragraph 4 of Article VI of GATS enter into force, the Parties shall jointly review such results. Where the joint review assesses that the incorporation of such results into this Part of this Agreement would improve the disciplines contained herein, the Parties shall jointly determine whether to incorporate such results into this Part of this Agreement.


Article 20.5

Administration of measures of general application

Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.


Article 20.6

Appeal of administrative decisions

Each Party shall maintain or institute judicial, arbitral or administrative tribunals, or procedures which provide, on request of an affected investor or service supplier, a prompt review of, and where justified, appropriate remedies for administrative decisions affecting establishment, cross-border supply of services or temporary presence of natural persons for business purposes. If such procedures are not independent of the agency entrusted with the administrative decision concerned, each Party shall ensure that the procedures provide for an objective and impartial review.




CHAPTER 21



MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS



Article 21.1

Mutual recognition of professional qualifications


1.   Nothing in this Chapter shall prevent a Party from requiring that natural persons possess the necessary qualifications and professional experience required in the territory where the activity is performed, for the sector of activity concerned.


2.   Each Party shall encourage professional bodies or authorities relevant to the sector of activity concerned, in its territory, to develop and provide joint recommendations on mutual recognition of professional qualifications to the Sub-Committee on Services and Investment referred to in Article 18.10. Such joint recommendations shall be supported by an evidence-based assessment of:






(a)


the economic value of an envisaged arrangement on mutual recognition of professional qualifications (‘mutual recognition arrangement’); and










(b)


the compatibility of the respective regimes, that is, the extent to which the requirements applied by each Party for the authorisation, licensing, operation and certification are compatible.






3.   Upon receipt of a joint recommendation, the Sub-Committee on Services and Investment shall review its consistency with this Part of this Agreement within a reasonable period of time. That Sub-Committee may, following such review, develop and recommend to the Joint Council to adopt, pursuant to subparagraph (a) of Article 8.5(1), a decision on a mutual recognition arrangement in order to determine or amend mutual recognition arrangements set out in Annex 21-B (73).


4.   An arrangement as referred to in paragraph 3 of this Article shall provide for the conditions for recognition of professional qualifications acquired in the EU Party and professional qualifications acquired in Chile relating to an activity covered by Chapter 17, 18, 19 or 26.


5.   The guidelines for arrangements on the recognition of professional qualifications set out in Annex 21-A shall be taken into account in the development of the joint recommendations referred to in paragraph 2 of this Article and by the Joint Council when assessing whether to adopt the arrangement referred to in paragraph 3 of this Article.





CHAPTER 22



DELIVERY SERVICES



Article 22.1

Scope and definitions


1.   This Chapter sets out the principles of the regulatory framework for all delivery services.


2.   For the purposes of this Chapter:






(a)


‘delivery services’ means postal and courier or express services, including activities of collection, sorting, transport, and delivery of postal items;










(b)


‘express delivery services’ means the collection, sorting, transport and delivery of postal items at accelerated speed and reliability, and may include value added elements such as collection from point of origin, personal delivery to the addressee, tracing, possibility of changing the destination and addressee in transit or confirmation of receipt;










(c)


‘express mail services’ means international express delivery services supplied through the Express Mail Service Cooperative, which is the voluntary association of designated postal operators under the Universal Postal Union;










(d)


‘licence’ means an authorisation, granted to an individual supplier of delivery services by a competent regulatory authority, setting out procedures, obligations and requirements specific to the delivery services sector;










(e)


‘postal item’ means an item up to 31,5 kg addressed in the final form in which it is to be carried by any type of supplier of delivery services, whether public or private, and may include items such as a letter, parcel, newspaper or catalogue;










(f)


‘postal monopoly’ means the exclusive right to supply specified delivery services in the territory of a Party pursuant to laws of that Party; and










(g)


‘universal service’ means the permanent supply of a delivery service of a specified quality at all points in the territory of a Party at affordable prices for all users.







Article 22.2

Universal service


1.   Each Party has the right to define the kind of universal service obligation it wishes to maintain. Each Party that maintains a universal service obligation shall administer it in a transparent, non-discriminatory and neutral manner with regard to all suppliers of delivery services subject to the obligation.


2.   If a Party requires inbound express mail services to be supplied on a universal service basis, it shall not accord preferential treatment to those services over other international express delivery services.



Article 22.3

Prevention of market distortive practices

Each Party shall ensure that a supplier of delivery services that is subject to a universal service obligation or a postal monopoly does not engage in market distortive practices such as:






(a)


using revenues derived from the supply of a service subject to a universal service obligation or a postal monopoly to cross-subsidise the supply of an express delivery service or any non-universal delivery service; or










(b)


unjustifiably differentiating among customers such as businesses or large-volume mailers or consolidators with respect to tariffs or other terms and conditions for the supply of a service subject to a universal service obligation or a postal monopoly.






Article 22.4

Licences


1.   If a Party requires a licence for the provision of delivery services, it shall make publicly available:






(a)


all licensing requirements and the period of time normally required to reach a decision concerning an application for a licence; and










(b)


the terms and conditions of the licence.






2.   The procedures, obligations and requirements of a licence shall be transparent, non-discriminatory and based on objective criteria.


3.   If an application for a licence is rejected by the competent regulatory authority, it shall inform the applicant of the reasons for the rejection in writing. Each Party shall establish or maintain an appeal procedure through a body that is independent from the parties involved in the licence application procedure. That body may be a tribunal or court.



Article 22.5

Independence of the regulatory authorities


1.   Each Party shall ensure that any authority responsible for regulating delivery services is not accountable to any supplier of delivery services, and that the decisions and procedures that the regulatory authority adopts are impartial, non-discriminatory and transparent with respect to all market participants in its territory.


2.   Each Party shall ensure that the authority responsible for regulating delivery services performs its tasks in a timely manner and has adequate financial and human resources.





CHAPTER 23



TELECOMMUNICATIONS SERVICES



Article 23.1

Scope


1.   This Chapter sets out the principles of the regulatory framework for the provision of telecommunications networks and services liberalised pursuant to Chapters 17 and 18.


2.   This Chapter does not apply to services providing, or exercising editorial control over, content transmitted using telecommunications networks and services.



Article 23.2

Definitions

For the purposes of this Chapter:






(a)


‘associated facilities’ means services, physical infrastructures and other facilities associated with a telecommunications network or service which enable or support the provision of services through that network or service or have the potential to do so, and may include buildings or entries to buildings, building wiring, antennas, towers and other supporting constructions, ducts, conduits, masts, manholes and cabinets;










(b)


‘essential facilities’ means facilities of a public telecommunications network or service that:






(i)


are exclusively or predominantly provided by a single or limited number of suppliers; and










(ii)


cannot feasibly be economically or technically substituted in order to provide a service;














(c)


‘interconnection’ means the linking of public telecommunications networks used by the same or different suppliers of telecommunications networks or services in order to allow the users of one supplier to communicate with users of the same or another supplier or to access services provided by another supplier, irrespective of whether those services are provided by the suppliers involved or by any other supplier who has access to the network;










(d)


‘internet access services’ means public telecommunications services that provide access to the internet in the territory of a Party, and thereby provide connectivity to virtually all end points of the internet, irrespective of the network technology and terminal equipment used;










(e)


‘leased circuits’ means telecommunications services or facilities between two or more designated points, including those of a virtual nature, that set aside capacity for the dedicated use of, or availability to, a user;










(f)


‘major supplier’ means a supplier of telecommunications networks or services which has the ability to materially affect the terms of participation, having regard to price and supply, in a relevant market for telecommunications networks or services as a result of its control over essential facilities or the use of its position in that market;










(g)


‘network elements’ means facilities or equipment used in supplying a public telecommunications service, including features, functions and capabilities provided by means of those facilities or equipment;










(h)


‘number portability’ means:






(i)


for the EU Party, the ability of a subscriber who so requests to retain the existing telephone number, at the same location in the case of fixed line subscribers, when switching between the same category of suppliers of public telecommunications services, without impairment of quality, reliability or convenience; and










(ii)


for Chile, the ability of an end-user to retain, upon request, the existing telephone number when switching between suppliers of public telecommunications services, without impairment of quality, reliability or convenience;














(i)


‘public telecommunications network’ means any telecommunications network used wholly or mainly for the provision of public telecommunications services between network termination points;










(j)


‘public telecommunications service’ means any telecommunications service that is offered to the public generally;










(k)


‘subscriber’ means any natural or juridical person that is party to a contract with a supplier of public telecommunications services for the supply of such services;










(l)


‘telecommunications’ means the transmission and reception of signals by any electromagnetic means;










(m)


‘telecommunications network’ means transmission systems and, if applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the transmission and reception of signals by wire, radio, optical or other electromagnetic means;










(n)


‘telecommunications regulatory authority’ means the body or bodies charged by a Party with the regulation of telecommunications networks and services covered by this Chapter (74);










(o)


‘telecommunications service’ means a service which consists wholly or mainly in the transmission and reception of signals, including of broadcasting signals, via telecommunications networks, including via networks used for broadcasting;










(p)


‘universal service’ means the minimum set of services of specified quality that must be made available to all users in the territory of a Party, regardless of their geographical location and at an affordable price; and










(q)


‘user’ means any natural or juridical person using a public telecommunications network or service.






Article 23.3

Telecommunications regulatory authority


1.   Each Party shall ensure that its telecommunications regulatory authority is legally distinct and functionally independent from any supplier of telecommunications networks, services or equipment, and that the decisions adopted, and the procedures used, by its telecommunications regulatory authority are impartial with respect to all market participants.


2.   A Party that retains ownership or control of suppliers of telecommunications networks, services or equipment shall ensure the effective structural separation of the telecommunications regulatory function from activities associated with that ownership or control.


3.   With a view to ensuring the independence and impartiality of telecommunications regulatory authorities, each Party shall ensure that its telecommunications regulatory authority does not hold a financial interest or maintain an operating or management role in any supplier of telecommunications networks, services or equipment.


4.   Each Party shall ensure that suppliers of telecommunications networks, services or equipment do not influence the decisions and procedures of the telecommunications regulatory authority.


5.   Each Party shall provide its telecommunications regulatory authority with the regulatory and supervisory power, as well as adequate financial and human resources, to carry out the tasks assigned to it in order to enforce the obligations set out in this Chapter. Such power shall be exercised transparently and in a timely manner. Those tasks shall be made public in an easily accessible and clear form, in particular when those tasks are assigned to more than one body.


6.   Each Party shall provide its telecommunications regulatory authority with the power to ensure that suppliers of telecommunications networks or services provide it, promptly upon request, with all the information, including financial information, which is necessary to enable the telecommunications regulatory authority to carry out its tasks in accordance with this Chapter. Any information provided shall be treated in accordance with the requirements of confidentiality.


7.   Each Party shall ensure that a user or supplier of telecommunications networks or services affected by a decision issued by its telecommunications regulatory authority has a right to appeal against that decision to an appeal body that is independent of the telecommunications regulatory authority and of other parties affected by the decision. Pending the outcome of the appeal, the decision issued by the telecommunications regulatory authority shall stand unless interim measures are granted in accordance with the law of the Party of that authority.



Article 23.4

Authorisation to provide telecommunications networks or services


1.   If a Party requires an authorisation for the provision of telecommunications networks or services, it shall state a reasonable period of time normally required for the telecommunications regulatory authority to decide on the authorisation request, shall communicate that period of time to the applicant in a transparent manner and shall endeavour to decide on the request within the communicated period of time (75).


2.   Any authorisation criteria and applicable procedures shall be as simple as possible, objective, transparent, non-discriminatory and proportionate. Any obligations and conditions imposed on or associated with an authorisation shall be non-discriminatory, transparent, proportionate and related to the services provided.


3.   Each Party shall ensure that an applicant receives in writing the reasons for the denial or the revocation of an authorisation, or for the imposition of supplier-specific conditions. In the event of such denial, revocation or imposition, an applicant shall be able to seek recourse before an appeal body.


4.   Administrative fees imposed on suppliers, if any, shall be objective, transparent, non-discriminatory and commensurate with the administrative costs reasonably incurred in the management, control and enforcement of the obligations set out in this Chapter (76).



Article 23.5

Interconnection

Without prejudice to Article 23.9, each Party shall ensure that a supplier of public telecommunications networks or services in its territory has the right and, on request of another supplier of public telecommunications networks or services in its territory, the obligation to negotiate interconnection for the purpose of providing public telecommunications networks or services within its territory.


Article 23.6

Access and use


1.   Each Party shall ensure that any service supplier of the other Party is accorded access to and use of any public telecommunications networks or services on reasonable and non-discriminatory (77) terms and conditions, in accordance with, inter alia, paragraphs 2 to 5.


2.   Each Party shall ensure that any service supplier of the other Party has access to and use of any public telecommunications service offered within or across the border of that Party, including private leased circuits, and to this end shall ensure, subject to paragraph 5, that such supplier is permitted to:






(a)


purchase or lease and attach terminal or other equipment which interfaces with the network and which is necessary to provide its services;










(b)


interconnect private leased or owned circuits with public telecommunications networks or with circuits leased or owned by another supplier of telecommunications services; and










(c)


use operating protocols of its choice in the supply of any service, other than as necessary to ensure the availability of telecommunications services to the public generally.






3.   Each Party shall ensure that a service supplier of the other Party may use public telecommunications networks or services for the movement of information within and across the border of that Party, including for intra-corporate communications of such service supplier, and for access to information contained in databases or otherwise stored in machine-readable form in the territory of either Party.


4.   Notwithstanding paragraph 3, a Party may take measures that are necessary to ensure the security and confidentiality of communications, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services.


5.   Each Party shall ensure that no condition is imposed on access to and use of public telecommunications networks or services in its territory other than as necessary to:






(a)


safeguard the public service responsibilities of suppliers of public telecommunications networks or services, in particular their ability to make their services available to the public generally; or










(b)


protect the technical integrity of public telecommunications networks or services.







Article 23.7

Resolution of telecommunications disputes


1.   Each Party shall ensure that, in the event of a dispute arising between suppliers of telecommunications networks or services in connection with rights or obligations that arise from this Chapter, and on request of either disputing party, the telecommunications regulatory authority issues a binding decision within a reasonable period of time to resolve the dispute.


2.   Each Party shall ensure that the decision issued by the telecommunications regulatory authority is made available to the public, subject to the requirements of business confidentiality under its laws and regulations. The telecommunications regulatory authority shall provide the disputing parties with a full statement of the reasons on which the decision is based. The disputing parties shall have the right to appeal that decision, in accordance with Article 23.3(7).


3.   Each Party shall ensure that the procedure referred to in paragraphs 1 and 2 does not preclude either disputing party from bringing an action before a judicial authority, in accordance with the laws and regulations of the Party.



Article 23.8

Competitive safeguards on major suppliers

Each Party shall adopt or maintain appropriate measures for the purpose of preventing suppliers of telecommunications networks or services that, alone or together, are a major supplier from engaging in or continuing anti-competitive practices, including:






(a)


engaging in anti-competitive cross-subsidisation;










(b)


using information obtained from competitors with anti-competitive results; and










(c)


not making available to other service suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.






Article 23.9

Interconnection with major suppliers


1.   Each Party shall ensure that major suppliers of public telecommunications networks or services provide interconnection at any technically feasible point in the network. Major suppliers shall provide such interconnection:






(a)


under non-discriminatory terms and conditions, including with regard to rates, technical standards, specifications, quality and maintenance, and of a quality no less favourable than that provided for their own like services, or for like services of their subsidiaries or other affiliates;










(b)


in a timely fashion and on terms and conditions, including in relation to rates, technical standards, specifications, quality and maintenance, that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and










(c)


upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.






2.   Each Party shall make publicly available the procedures applicable for interconnection with a major supplier.


3.   Each Party shall ensure that major suppliers make publicly available either their interconnection agreements or their reference interconnection offers, as appropriate.



Article 23.10

Access to the essential facilities of major suppliers

Each Party shall provide its telecommunications regulatory authority with the power to require that a major supplier in its territory makes its essential facilities available to suppliers of telecommunications networks or services on reasonable and non-discriminatory terms and conditions for the purpose of providing telecommunications network or services, unless this is not necessary to achieve effective competition on the basis of the facts collected and the assessment of the market conducted by the telecommunications regulatory authority. The essential facilities of a major supplier may include network elements, leased circuits services and associated facilities.


Article 23.11

Scarce resources


1.   Each Party shall ensure that the allocation and granting of rights of use of scarce resources, including radio spectrum, numbers and rights of way, is carried out in an open, objective, timely, transparent, non-discriminatory and proportionate manner and in pursuit of objectives of general interest. Procedures, conditions and obligations attached to rights of use shall be based on objective, transparent, non-discriminatory and proportionate criteria.


2.   Each Party shall make the current use of allocated frequency bands publicly available, but detailed identification of radio spectrum allocated for specific government uses is not required.


3.   The measures of a Party allocating and assigning spectrum and managing frequency are not in themselves inconsistent with Articles 17.8 and 18.7. Accordingly, each Party retains the right to establish and apply spectrum and frequency management measures that may have the effect of limiting the number of suppliers of telecommunications services, provided that it does so in a manner consistent with this Part of this Agreement. This includes the ability to allocate frequency bands taking into account current and future needs and spectrum availability.



Article 23.12

Number portability

Each Party shall ensure that suppliers of public telecommunications services in its territory provide number portability on a timely basis and on reasonable terms and conditions.


Article 23.13

Universal service


1.   Each Party has the right to define the kind of universal service obligations it wishes to maintain and to decide on their scope and implementation.


2.   Universal service obligations will not be regarded as anti-competitive in themselves, provided that they are administered in a proportionate, transparent, objective and non-discriminatory manner. The administration of such obligations shall be neutral with respect to competition and not be more burdensome than necessary for the kind of universal service defined by the Party.


3.   Each Party shall ensure that procedures for the designation of universal service suppliers are open to all suppliers of public telecommunications networks or services and shall designate universal service suppliers through an efficient, transparent and non-discriminatory mechanism.


4.   If a Party decides to fund the provision of universal service by a supplier, it shall ensure that such funding does not exceed the net cost resulting from the universal service obligation.



Article 23.14

Confidentiality of information


1.   Each Party shall ensure that suppliers of telecommunications networks or services that acquire confidential information from another supplier of telecommunications networks or services in the process of negotiating arrangements pursuant to Articles 23.5, 23.6, 23.9 and 23.10 use that information solely for the purposes for which it was supplied and respect at all times the confidentiality of such information.


2.   Each Party shall ensure the confidentiality of telecommunications and related traffic data transmitted in the use of public telecommunications networks or services, provided that any measures it adopts to that end are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services.



Article 23.15

Foreign shareholding

With regard to the provision of telecommunications networks or services, other than public radio broadcasting, through commercial presence, a Party shall not impose joint venture requirements or limit the participation of foreign capital in terms of maximum percentage limits on foreign shareholding or in terms of the total value of individual or aggregate foreign investment.


Article 23.16

Open and non-discriminatory internet access


1.   Each Party shall adopt or maintain measures to ensure that suppliers of internet access services enable users of those services to access and distribute information, content and services of their choice.


2.   Paragraph 1 is without prejudice to the laws and regulations of a Party related to the lawfulness of the information, content or services referred to in that paragraph.


3.   Notwithstanding paragraph 1, suppliers of internet access services may implement non-discriminatory (78), reasonable, transparent and proportionate network management measures which are consistent with the laws and regulations of a Party.


4.   Each Party shall adopt or maintain measures to ensure that suppliers of internet access services enable users of those services to use devices of their choice, provided that such devices do not harm the security of other devices, the network or services provided over the network.



Article 23.17

International mobile roaming


1.   The Parties shall endeavour to cooperate on promoting transparent and reasonable rates for international mobile roaming services in ways that can help promote the growth of trade among the Parties and enhance consumer welfare.


2.   Each Party may take steps to enhance transparency and competition with respect to international mobile roaming rates and technological alternatives to roaming services, such as:






(a)


ensuring that information regarding retail rates is easily accessible to the public; and










(b)


minimising impediments to the use of technological alternatives to roaming, whereby users visiting the territory of a Party from the territory of the other Party can access telecommunications services using the device of their choice.









CHAPTER 24



INTERNATIONAL MARITIME TRANSPORT SERVICES



Article 24.1

Scope, definitions and principles


1.   This Chapter sets out the principles regarding the liberalisation of international maritime transport services pursuant to Chapters 17, 18 and 19.


2.   For the purposes of this Chapter and Chapters 17, 18 and 19 and of Annexes 17-A, 17-B and 17-C:






(a)


‘container station and depot services’ means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing or stripping, repairing them and making them available for shipments;










(b)


‘customs clearance services’ or ‘customs house brokers' services’ means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity;










(c)


‘door-to-door or multimodal transport operations’ means the transport of cargo using more than one mode of transport, involving an international sea-leg, under a single transport document;










(d)


‘feeder services’ means the pre- and on-ward transportation by sea, between ports located in a Party, of international cargo, notably containerised, en route to a destination outside the territory of that Party;










(e)


‘freight forwarding services’ means the activity consisting of organising and monitoring shipment operations on behalf of shippers through the acquisition of transport and related services, preparation of documentation and provision of business information;










(f)


‘international cargo’ means cargo transported between a port of one Party and a port of the other Party or of a third country, or between a port of one Member State and a port of another Member State;










(g)


‘international maritime transport services’ means the transport of passengers or cargo by sea-going vessels between a port of one Party and a port of the other Party or of a third country, including the direct contracting with providers of other transport services, with a view to covering door-to-door or multimodal transport operations under a single transport document, but not the right to provide such other transport services;










(h)


‘maritime agency services’ means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:






(i)


marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; or










(ii)


acting on behalf of the companies organising the call of the ship or taking over cargoes when required;














(i)


‘maritime auxiliary services’ means maritime cargo handling services, customs clearance services, container station and depot services, maritime agency services and maritime freight forwarding services; and










(j)


‘maritime cargo handling services’ means activities exercised by stevedore companies, including terminal operators but not including the direct activities of dockers, when that workforce is organised independently of the stevedoring or terminal operator companies; the activities covered include the organisation and supervision of:






(i)


the loading or discharging of cargo to or from a ship;










(ii)


the lashing or unlashing of cargo; and










(iii)


the reception or delivery and safekeeping of cargoes before shipment or after discharge.










3.   In view of the existing levels of liberalisation between the Parties in international maritime transport, the following principles apply:






(a)


the Parties shall apply effectively the principle of unrestricted access to the international maritime markets and trades on a commercial and non-discriminatory basis; and










(b)


each Party shall grant to ships flying the flag of the other Party or operated by service suppliers of the other Party treatment no less favourable than that accorded to its own ships, including with regard to access to ports, use of infrastructure and services of ports, and use of maritime auxiliary services, as well as related fees and charges, customs facilities and assignment of berths and facilities for loading and unloading.






4.   In applying the principles referred to in paragraph 3, each Party shall:






(a)


not introduce cargo-sharing arrangements in future agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and terminate, within a reasonable period of time, such cargo-sharing arrangements if they exist in previous agreements; and










(b)


as from the date of entry into force of this Agreement, abolish and abstain from introducing any unilateral measures or administrative, technical or other obstacles which could constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport.






5.   Each Party shall permit international maritime transport service suppliers of the other Party to have an enterprise established and operating in its territory in accordance with the conditions provided for in its schedule of specific commitments in Annexes 17-A, 17-B and 17-C.


6.   Each Party shall make available to international maritime transport service suppliers of the other Party on reasonable and non-discriminatory terms and conditions the following services at the port: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captain's services, navigation aids, shore-based operational services essential to ship operations, including communications, water and electrical supplies, emergency repair facilities, anchorage, and berth and berthing services.


7.   Each Party shall permit the international maritime transport service suppliers of the other Party to reposition owned or leased empty containers which are not being carried as cargo against payment between ports of Chile or between ports of a Member State.





CHAPTER 25



FINANCIAL SERVICES



Article 25.1

Scope


1.   This Chapter applies to a measure adopted or maintained by a Party relating to:






(a)


financial institutions of the other Party;










(b)


investors of the other Party, and investments of such investors, in financial institutions in the territory of the Party; or










(c)


cross-border trade in financial services.






2.   For greater certainty, Chapter 17 applies to a measure:






(a)


relating to an investor of a Party and an investment of that investor in a financial services supplier that is not a financial institution; and










(b)


other than a measure relating to the supply of financial services, relating to an investor of a Party, or an investment of that investor in the territory of the other Party in a financial institution.






3.   The provisions of Chapters 17 and 18 apply to measures within the scope of this Chapter only to the extent that those provisions are incorporated into and made part of this Chapter.


4.   Articles 17.5, 17.16 to 17.23 and 18.9 are hereby incorporated into and made a part of this Chapter.


5.   Section D of Chapter 17 is hereby incorporated into and made a part of this Chapter solely for claims that a Party has breached Article 17.16, 17.17, 17.18, 17.19, 17.20, 17.21, Article 25.3(2) or Article 25.5(2).


6.   This Chapter does not apply to a measure adopted or maintained by a Party relating to:






(a)


activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies;










(b)


activities or services forming part of a public retirement plan or statutory system of social security; or










(c)


activities or services conducted for the account of the Party, with the guarantee or using the financial resources of the Party, including its public entities.






7.   Notwithstanding paragraph 6, this Chapter applies to the extent that a Party allows any of the activities or services referred to in subparagraph (b) or (c) of paragraph 6 to be conducted by its financial institutions in competition with a public entity or a financial institution.


8.   Articles 25.3 and 25.5 to 25.9 do not apply with respect to public procurement.


9.   Articles 25.3 and 25.5 to 25.8 do not apply with respect to subsidies granted by a Party, including government-supported loans, guarantees and insurances.



Article 25.2

Definitions

For the purposes of this Chapter and Annex 25:






(a)


‘cross-border financial service supplier of a Party’ means a person of a Party that is engaged in the business of supplying a financial service within the territory of the Party and that seeks to supply, or supplies, a financial service through the cross-border supply of such service;










(b)


‘cross-border supply of financial services’ or ‘cross-border trade in financial services’ means the supply of a financial service:






(i)


from the territory of a Party into the territory of the other Party; or










(ii)


in the territory of a Party by a person of that Party to a services consumer of the other Party;














(c)


‘financial institution’ means a supplier of one or more financial services which is regulated or supervised in respect of the supply of those services as a financial institution under the law of the Party in whose territory it is located, including a branch in the territory of the Party of that financial service supplier whose head offices are located in the territory of the other Party;










(d)


‘financial service’ means a service of a financial nature, including insurance and insurance-related services, banking and other financial services (excluding insurance). Financial services include the following activities:






(i)


insurance and insurance-related services:






(A)


direct insurance (including co-insurance):






(1)


life; and










(2)


non-life;














(B)


reinsurance and retrocession;










(C)


insurance inter-mediation, such as brokerage and agency; and










(D)


services auxiliary to insurance, such as consultancy, actuarial, risk-assessment and claim-settlement services; and














(ii)


banking and other financial services (excluding insurance):






(A)


acceptance of deposits and other repayable funds from the public;










(B)


lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions;










(C)


financial leasing;










(D)


all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;










(E)


guarantees and commitments;










(F)


trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:






(1)


money market instruments (including cheques, bills, certificates of deposits);










(2)


foreign exchange;










(3)


derivative products including futures and options;










(4)


exchange rate and interest rate instruments, including products such as swaps and forward rate agreements;










(5)


transferable securities; or










(6)


other negotiable instruments and financial assets, including bullion;














(G)


participation in issues of all kinds of securities, including underwriting and placement as agent, whether publicly or privately, and provision of services related to such issues;










(H)


money broking;










(I)


asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, and custodial, depository and trust services;










(J)


settlement and clearing services for financial assets, including securities, derivative products and other negotiable instruments;










(K)


provision and transfer of financial information, and financial data processing and related software; and










(L)


advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (A) to (K), including credit reference and analysis, investment and portfolio research and advice, and advice on acquisitions and on corporate restructuring and strategy;


















(e)


‘financial service supplier of a Party’ means a natural or juridical person of a Party that seeks to supply, or supplies, a financial service, but does not include a public entity;










(f)


‘investment’ means investment as defined in subparagraph (k) of Article 17.2, except that for the purposes of this Chapter and Annex 25, with respect to ‘loans’ and ‘debt instruments’:






(i)


a loan to or debt instrument issued by a financial institution is an investment only if it is treated as regulatory capital by the Party in whose territory the financial institution is located; and










(ii)


a loan granted by or debt instrument owned by a financial institution, other than a loan to or debt instrument issued by a financial institution referred to in subparagraph (i), is not an investment;




for greater certainty, a loan granted by or debt instrument owned by a cross-border financial service supplier, other than a loan to or debt instrument issued by a financial institution, is an investment for the purposes of Chapter 17, if such loan or debt instrument meets the criteria of the definition of ‘investment’ set out in subparagraph (k) of Article 17.2;










(g)


‘investor of a Party’ means a natural or juridical person of a Party that seeks to make, is making or has made an investment in financial institutions in the territory of the other Party;










(h)


‘juridical person of a Party’ means:






(i)


for the EU Party: a juridical person constituted or organised under the law of the European Union or of at least one of its Member States and engaged in substantive business operations (79) in the territory of the European Union; and










(ii)


for Chile: a juridical person constituted or organised under the law of Chile and engaged in substantive business operations in the territory of Chile;














(i)


‘new financial service’ means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, which is not supplied by any financial service supplier in the territory of a Party but which is supplied in the territory of the other Party;










(j)


‘public entity’ means:






(i)


a government, a central bank or a monetary authority of a Party, or any entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, but does not include an entity principally engaged in supplying financial services on commercial terms; or










(ii)


a private entity that performs functions normally performed by a central bank or monetary authority, when exercising those functions; and














(k)


‘self-regulatory organisation’ means a non-governmental body, including a securities or futures exchange or market, clearing agency or other organisation or association, that exercises regulatory or supervisory authority over financial service suppliers or financial institutions by statute or delegation from central, regional or local governments or authorities, where applicable.






Article 25.3

National treatment


1.   Each Party shall accord to investors in financial institutions of the other Party and to enterprises constituting investments in financial institutions, with respect to the establishment, treatment no less favourable than the treatment it accords, in like situations (80), to its own investors in financial institutions and to their enterprises that are financial institutions.


2.   Each Party shall accord to investors in financial institutions of the other Party and to their investments in financial institutions, with respect to the operation, treatment no less favourable than the treatment it accords, in like situations (81), to its own investors in financial institutions and to their investments in financial institutions.


3.   The treatment accorded by a Party under paragraphs 1 and 2 means:






(a)


with respect to a regional or local government of Chile, treatment no less favourable than the most favourable treatment accorded, in like situations, by that level of government to investors in financial institutions of Chile and to their investments in financial institutions in its territory;










(b)


with respect to a government of, or in, a Member State, treatment no less favourable than the most favourable treatment accorded, in like situations, by that government to investors in financial institutions of that Member State and to their investments in financial institutions in its territory (82).







Article 25.4

Public procurement


1.   Each Party shall ensure that financial institutions of the other Party established in its territory are accorded treatment no less favourable than that accorded, in like situations, to its own financial institutions with respect to any measure regarding the purchase of goods or services by a procuring entity for governmental purposes.


2.   The application of the national treatment obligation provided for in this Article remains subject to security and general exceptions as set out in Article 28.3.



Article 25.5

Most-favoured-nation treatment


1.   Each Party shall accord to investors in financial institutions of the other Party and to their enterprises constituting investments in financial institutions, with respect to the establishment, treatment no less favourable than the treatment it accords, in like situations (83), to investors in financial institutions of a third country and to their enterprises that are financial institutions.


2.   Each Party shall accord to investors in financial institutions of the other Party and to their investments in financial institutions with respect to the operation, treatment no less favourable than the treatment it accords, in like situations (84), to investors in financial institutions of a third country and to their investments in financial institutions.


3.   Paragraphs 1 and 2 shall not be construed as obliging a Party to extend to investors in financial institutions of the other Party or their investments in financial institutions the benefit of any treatment resulting from measures providing for the recognition of standards, including of the standards or criteria for the authorisation, licensing or certification of a natural person or an enterprise for carrying out an economic activity, or of prudential measures.


4.   For greater certainty, the treatment referred to in paragraphs 1 and 2 does not include investment dispute resolution procedures or mechanisms provided for in other international investment treaties or trade agreements. The substantive provisions in other international investment treaties or trade agreements do not in themselves constitute ‘treatment’ as referred to in paragraphs 1 and 2, and thus cannot give rise to a breach of this Article, absent measures adopted or maintained by a Party. Measures of a Party applied pursuant to such substantive provisions may constitute ‘treatment’ under this Article and thus give rise to a breach of this Article.



Article 25.6

Market access


1.   In the sectors or subsectors listed in Sections B of Appendices 25-1 and 25-2 where market access commitments are undertaken, a Party shall not adopt or maintain, with respect to market access through the establishment or operation of financial institutions by investors of the other Party, either on the basis of its entire territory or on the basis of a territorial subdivision, a measure that:






(a)


limits the number of financial institutions, whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;










(b)


limits the total value of financial service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;










(c)


limits the total number of financial service operations or the total quantity of financial services output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;










(d)


limits the total number of natural persons that may be employed in a particular financial services sector or that a financial institution may employ and who are necessary for, and directly related to, the supply of a specific financial service, in the form of numerical quotas or the requirement of an economic needs test; or










(e)


restricts or requires specific types of legal entity or joint venture through which a financial institution may supply a service.






2.   For greater certainty, this Article does not prevent a Party from requiring a financial institution to supply certain financial services through separate legal entities if, under the law of that Party, the range of financial services supplied by the financial institution cannot be supplied through a single entity.



Article 25.7

Cross-border supply of financial services


1.   Articles 18.4, 18.5, 18.6 and 18.7 are incorporated into and made part of this Chapter, and apply to measures affecting cross-border financial service suppliers supplying the financial services set out in Section A of Appendices 25-1 and 25-2.


2.   A Party shall permit persons located in its territory, and its natural persons wherever located, to purchase financial services from cross-border financial service suppliers of the other Party located in the territory of the other Party. This obligation does not require a Party to permit those suppliers to do business or solicit in its territory. A Party may define ‘do business’ and ‘solicit’ for the purposes of this obligation, provided that those definitions are not inconsistent with paragraph 1 of this Article.


3.   Without prejudice to other means of prudential regulation of cross-border trade in financial services, a Party may require the registration or authorisation of cross-border financial service suppliers of the other Party and of financial instruments.



Article 25.8

Senior management and boards of directors

A Party shall not require that a financial institution of the other Party, which is established in its territory, appoints natural persons of a particular nationality as members of boards of directors or to a senior management position, such as executives or managers.


Article 25.9

Performance requirements


1.   A Party shall not, in connection with the establishment or operation of a financial institution of a Party or of a third country in its territory, impose or enforce any requirement or enforce any commitment or undertaking to:






(a)


export a given level or percentage of goods or services;










(b)


achieve a given level or percentage of domestic content;










(c)


purchase, use or accord a preference to goods produced or services provided in its territory, or purchase goods or services from natural persons or enterprises in its territory;










(d)


relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such financial institution;










(e)


restrict sales of goods or services in its territory that such financial institution produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings;










(f)


transfer technology, a production process or other proprietary knowledge to a natural person or an enterprise in its territory;










(g)


supply exclusively from the territory of the Party the goods it produces or the services it supplies to a specific regional or world market;










(h)


locate the headquarters of that financial institution for a specific region of the world, which is broader than the territory of the Party, or the world market in its territory;










(i)


hire a given number or percentage of its nationals; or










(j)


restrict the exportation or sale for export.






2.   A Party shall not condition the receipt or continued receipt of an advantage, in connection with the establishment or operation of a financial institution of a Party or of a third country in its territory, on compliance with any of the following requirements:






(a)


to achieve a given level or percentage of domestic content;










(b)


to purchase, use or accord a preference to goods produced or services provided in its territory, or purchase goods or services from natural persons or enterprises in its territory;










(c)


to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such financial institution;










(d)


to restrict sales of goods or services in its territory that such financial institution produces or provides by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; or










(e)


to restrict the exportation or sale for export.






3.   Paragraph 2 shall not be construed as preventing a Party from conditioning the receipt or continued receipt of an advantage, in connection with the establishment or the operation of financial institutions in its territory by an investor of a Party or a third country, on compliance with a requirement to locate production, provide a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.


4.   Subparagraph (f) of paragraph 1 does not apply if:






(a)


a Party authorises the use of an intellectual property right in accordance with Article 31 or 31bis of the TRIPS Agreement or adopts or maintains measures requiring the disclosure of data or proprietary information that fall within the scope of, and are consistent with, paragraph 3 of Article 39 of the TRIPS Agreement; or










(b)


the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority in order to remedy a practice determined after judicial or administrative process to be a violation of the competition laws of the Party.






5.   Subparagraphs (a), (b) and (c) of paragraph 1 and subparagraphs (a) and (b) of paragraph 2 do not apply to qualification requirements for goods or services with respect to participation in export promotion and foreign aid programmes.


6.   Subparagraphs (a) and (b) of paragraph 2 do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.


7.   For greater certainty, this Article shall not be construed as requiring a Party to permit a particular service to be supplied on a cross-border basis where that Party adopts or maintains restrictions or prohibitions on such provision of services which are consistent with the reservations, conditions or qualifications specified with respect to a sector, subsector or activity listed in Annex 25.


8.   This Article is without prejudice to commitments of a Party made under the WTO Agreement.



Article 25.10

Non-conforming measures


1.   Articles 25.3, 25.5, 25.7, 25.8 and 25.9 do not apply to:






(a)


any existing non-conforming measure that is maintained by:






(i)


for the EU Party:






(A)


the European Union, as set out in Section C of Appendix 25-1;










(B)


the central government of a Member State, as set out in Section C of Appendix 25-1;










(C)


a regional level of government of a Member State, as set out in Section C of Appendix 25-1; or










(D)


a local level of government; and














(ii)


for Chile:






(A)


the central government, as set out in Section C of Appendix 25-2;










(B)


a regional level of government, as set out in Section C of Appendix 25-2; or










(C)


a local level of government;


















(b)


the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a) of this paragraph; or










(c)


a modification to any non-conforming measure referred to in subparagraph (a) of this paragraph to the extent that the modification does not decrease the conformity of the measure, as it existed immediately before the modification, with Article 25.3, 25.5, 25.7, 25.8 or 25.9.






2.   Articles 25.3, 25.5, 25.7, 25.8 and 25.9 do not apply to any measure of a Party with respect to sectors, subsectors or activities, as set out by that Party in Section D of Appendices 25-1 and 25-2, respectively.


3.   A Party shall not, under any measure adopted after the date of entry into force of this Agreement and covered by Section D of Appendix 25-1 or 25-2, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of its financial institution existing at the time the measure becomes effective.


4.   Article 25.6 does not apply to any measure of a Party with respect to sectors, subsectors or activities as set out by that Party in Section B of Appendix 25-1 or 25-2.


5.   Where a Party has set out a reservation to Article 17.9, 17.11, 17.12, 17.13, 18.4 or 18.5 in Annex 17-A or 17-B, that reservation also constitutes a reservation to Article 25.3, 25.5, 25.7, 25.8 or 25.9, as the case may be, to the extent that the measure, sector, sub-sector or activity set out in the reservation is covered by this Chapter.



Article 25.11

Prudential carve-out


1.   Nothing in this Agreement shall prevent a Party from adopting or maintaining measures for prudential reasons, such as:






(a)


for the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier; or










(b)


to ensure the integrity and stability of the financial system of a Party.






2.   Where such measures do not conform with the provisions of this Part of this Agreement, they shall not be used as a means of avoiding the commitments or obligations of the Party under this Part of this Agreement.



Article 25.12

Treatment of information

Nothing in this Part of this Agreement shall be construed as requiring a Party to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.


Article 25.13

Domestic regulation and transparency


1.   Chapter 20, with the exception of subparagraphs (c) to (f) of Article 20.1(5), and Chapter 36 do not apply to measures of a Party within the scope of this Chapter.


2.   To the extent practicable and in a manner consistent with its legal system for adopting measures, each Party shall:






(a)


publish in advance:






(i)


the laws and regulations of general application it proposes to adopt in relation to matters falling within the scope of this Chapter; or










(ii)


documents that provide sufficient details about such possible new laws and regulations to allow interested persons and the other Party to assess whether and how their interests might be significantly affected;














(b)


provide interested persons and the other Party a reasonable opportunity to submit comments on any proposed laws and regulations or documents published pursuant to subparagraph (a);










(c)


consider any comments submitted in accordance with subparagraph (b); and










(d)


allow a reasonable time between the publication of any laws and regulations pursuant to subparagraph (a)(i) and the date on which financial service suppliers must comply with them.






3.   This Article applies to measures of a Party relating to licensing requirements and procedures and qualification requirements and procedures, and applies only in sectors for which the Party has undertaken specific commitments under this Chapter, and to the extent that those specific commitments apply.


4.   If a Party adopts or maintains measures relating to the authorisation for the supply of a financial service, it shall ensure that:






(a)


those measures are based on objective and transparent criteria (85);










(b)


the authorisation procedures are impartial, and adequate for applicants to demonstrate whether they meet the requirements, if such requirements exist; and










(c)


the authorisation procedures do not in themselves unjustifiably prevent fulfilment of the requirements.






5.   If a Party requires authorisation (86) for the supply of a financial service, it shall promptly publish or otherwise make publicly available the information necessary for the applicant to comply with the requirements and procedures for obtaining, maintaining, amending and renewing such authorisation. Such information shall include, inter alia, where available:






(a)


the requirements and procedures for obtaining, maintaining, amending and renewing such authorisation;










(b)


contact information of relevant competent authorities;










(c)


procedures for appeal or review of decisions concerning applications;










(d)


procedures for monitoring or enforcing compliance with the terms and conditions of licences and qualifications; and










(e)


opportunities for public involvement, such as through hearings or comments.






6.   If a Party requires authorisation for the supply of a financial service, the competent authorities of that Party shall:






(a)


to the extent practicable, permit an applicant to submit an application at any time throughout the year (87);










(b)


allow a reasonable period of time for the submission of an application if specific time periods for applications exist;










(c)


initiate the processing of the application without undue delay;










(d)


endeavour to accept applications in electronic format under the same conditions of authenticity as paper submissions; and










(e)


accept copies of documents which are authenticated in accordance with the law of the Party in place of original documents, unless they require original documents to protect the integrity of the authorisation process.






7.   Each Party shall endeavour to make authorisation procedures and formalities as simple as possible and shall not unduly complicate or delay the provision of the financial service.


8.   Each Party shall endeavour to establish the indicative timeframe for processing an application and shall, on request of the applicant and without undue delay, provide information concerning the status of the application.


9.   If a competent authority considers an application incomplete for processing under the laws and regulations of the Party, it shall, within a reasonable period of time, and to the extent practicable:






(a)


inform the applicant that the application is incomplete;










(b)


at the request of the applicant, identify the additional information required to complete the application, or otherwise provide guidance on why the application is considered incomplete; and










(c)


provide the applicant with the opportunity (88) to submit the additional information required to complete the application.






10.   If none of the actions set out in subparagraph (a), (b) or (c) of paragraph 9 is practicable, the competent authorities shall nevertheless, if the application is rejected due to incompleteness, ensure that they inform the applicant thereof within a reasonable period of time.


11.   Each Party shall ensure that its competent authorities, with respect to authorisation fees (89) that they charge, provide applicants with a schedule of fees or information on how fee amounts are determined, and do not use the fees as a means of avoiding the commitments or obligations of the Party.


12.   A competent authority shall take its decision in an independent manner and not be accountable to any person supplying the services for which the licence or authorisation is required.


13.   Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable timeframe after the date of submission of a complete application, and that the applicant is informed of the decision concerning the application, to the extent possible, in writing.


14.   If an application is rejected by the competent authority, the applicant shall be informed, either on its own request or upon the initiative of the competent authority, in writing and without undue delay. To the extent practicable, the applicant shall be informed of the reasons for the decision to reject the application and of the timeframe for an appeal against that decision. An applicant should be permitted, within reasonable time limits, to resubmit an application.


15.   If examinations are required for an authorisation, the competent authority shall ensure that such examinations are organised at reasonably frequent intervals and provide a reasonable period of time to enable applicants to request taking the examination.


16.   Each Party shall ensure that an authorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein.



Article 25.14

Financial services new to the territory of a Party


1.   A Party shall permit a financial institution of the other Party, other than a branch, to supply any new financial service that the former Party would permit its own financial institutions to supply in accordance with its law, in like situations, provided that the introduction of the new financial services does not require new laws or regulations or the modification of existing laws or regulations.


2.   A Party may determine the institutional and juridical form through which the new financial service may be supplied and may require authorisation for the supply of the service. If such authorisation is required, a decision shall be made within a reasonable period of time and the authorisation shall only be refused for prudential reasons.


3.   This Article does not prevent a financial institution of a Party from applying to the other Party requesting it to consider authorising the supply of a financial service that is not supplied within the territory of either Party. Such application is subject to the law of the Party receiving the application and is not subject to the obligations of this Article.



Article 25.15

Self-regulatory organisations

When a Party requires a financial institution or a cross-border financial service supplier of the other Party to be a member of, participate in, or have access to a self-regulatory organisation in order to provide a financial service in or into the territory of the former Party, it shall ensure that the self-regulatory organisation observes the obligations set out in Articles 17.9, 17.11, 18.4 and 18.5.


Article 25.16

Payment and clearing systems

Under terms and conditions that accord national treatment, each Party shall grant to financial institutions of the other Party established in its territory access to payment and clearing systems operated by public entities, and to official funding and refinancing facilities available in the normal course of ordinary business. This Article does not confer access to the lender of last resort facilities of the Party.


Article 25.17

Sub-Committee on Financial Services


1.   The Sub-Committee on Financial Services (‘Sub-Committee’), established pursuant to Article 8.8(1), shall be composed of representatives of the Parties responsible for financial services.


2.   The Sub-Committee shall:






(a)


supervise the implementation of this Chapter;










(b)


consider issues regarding financial services that are referred to it by a Party;










(c)


carry out a dialogue on the regulation of the financial services sector with a view to improving mutual knowledge of the respective regulatory systems of the Parties and to cooperate in the development of international standards; and










(d)


participate in the dispute settlement procedures in accordance with Article 25.20.







Article 25.18

Technical discussions and consultations


1.   A Party may request technical discussions and consultations with the other Party regarding any matter arising under this Part of this Agreement that affects financial services. The other Party shall give sympathetic consideration to that request. The Parties shall report the results of their discussions and consultations to the Sub-Committee.


2.   Each Party shall ensure that in those technical discussions and consultations, its delegation includes officials with the relevant expertise in financial services.


3.   For greater certainty, nothing in this Article shall be construed as requiring a Party to:






(a)


derogate from its relevant laws and regulations regarding the sharing of information among financial regulators or from the requirements of an agreement or arrangement between financial authorities of the Parties; or










(b)


require regulatory authorities to take any action that would interfere with specific regulatory, supervisory, administrative, or enforcement matters.






4.   Nothing in this Article shall be construed as impeding a Party that requires information for supervisory purposes concerning a financial institution located in the territory of the other Party or a cross-border financial service supplier of the other Party from approaching the competent regulatory authority of the other Party to seek the information.


5.   For greater certainty, this Article is without prejudice to either Party's rights and obligations under Chapter 38.



Article 25.19

Dispute settlement


1.   Chapter 38, including Annexes 38-A and 38-B, applies as modified by this Article to the settlement of disputes concerning the application or interpretation of this Chapter.


2.   In addition to the requirements set out in Article 38.9, panellists shall have expertise or experience in financial services law or practice, which may include the regulation of financial institutions, unless the Parties agree otherwise.


3.   The Sub-Committee shall recommend that the Joint Committee establish a list of at least 15 individuals, fulfilling the requirements referred to in paragraph 2, who are willing and able to serve as panellists. The Joint Committee shall establish such a list no later than one year after the date of entry into force of this Agreement. The list shall be composed of three sub-lists:






(a)


one sub-list of individuals established on the basis of proposals by the EU Party;










(b)


one sub-list of individuals established on the basis of proposals by Chile; and










(c)


one sub-list of individuals that are not nationals of either Party and who shall serve as chairperson to the panel.






4.   Each sub-list shall include at least five individuals. The Joint Committee shall ensure that the list is always maintained at that minimum number of individuals.


5.   For the purposes of this Chapter, the list referred to in paragraph 3 of this Article shall, after its establishment, replace the list established pursuant to Article 38.8(1).



Article 25.20

Resolution of investment disputes concerning financial services


1.   Section D of Chapter 17 applies, as modified by this Article, to:






(a)


investment disputes pertaining to measures adopted or maintained by a Party relating to investors and their investments in financial institutions to which this Part of this Agreement applies and in which an investor claims that a Party has breached Article 25.3(2), 25.5(2), Article 17.17, 17.18, 17.19 or 17.20; or










(b)


investment disputes commenced pursuant to Chapter 17 in which Article 25.11 has been invoked.






2.   In the case of an investment dispute pursuant to subparagraph (a) of paragraph 1 of this Article, or if the respondent invokes Article 25.11 pursuant to subparagraph (b) of paragraph 1 of this Article within 60 days of the submission of a claim to the Tribunal in accordance with Article 17.30, the division of the Tribunal hearing the case may appoint, after consulting the disputing parties and pursuant to Article 17.50, one or more experts from the list adopted pursuant to Article 25.19 to report to it on any factual issue concerning financial services matters raised by a disputing party in the proceedings.


3.   In view of the importance of the right of a Party to adopt or maintain measures for prudential reasons, where such measures fall within the scope of Article 25.11, that Article shall apply as a valid defence against a claim based on any of the other provisions of this Part of this Agreement, including Article 17.17. Following a request for consultations pursuant to Article 17.27, the respondent may make a referral, in writing, to the Sub-Committee requesting it to determine whether and, if so, to what extent, the measure which is the subject of that request for consultations is justified under Article 25.11. Such referral shall be made as soon as possible after the reception of the request for consultations. Upon such referral, the time periods referred to in Articles 17.27, 17.28 and 17.30 shall be suspended.


4.   Following a referral pursuant to paragraph 3, the Sub-Committee shall, in good faith, attempt to make a determination. Any such determination shall be transmitted promptly to the disputing parties.


5.   To the extent that the Sub-Committee determines that the measure is justified under Article 25.11, no claim shall be submitted before the Tribunal pursuant to Article 17.30.


6.   If the Sub-Committee has not made a determination within three months of the referral pursuant to paragraph 3 of this Article, the suspension of the time periods referred to in that paragraph shall cease to apply.


7.   Failure of the respondent to make a referral pursuant to paragraph 3 of this Article does not affect the right of the respondent to invoke Article 25.11 as a defence at a later stage of the proceedings. The Tribunal shall draw no adverse inference from the fact that the Sub-Committee has not agreed on a determination.





CHAPTER 26



DIGITAL TRADE




SECTION A




General Provisions




Article 26.1

Scope


1.   This Chapter applies to trade enabled by electronic means.


2.   This Chapter does not apply to audio-visual services.



Article 26.2

Definitions


1.   The definitions in Articles 17.2 and 18.2 apply to this Chapter.


2.   For the purposes of this Chapter:






(a)


‘consumer’ means any natural person, or juridical person if provided for in the laws and regulations of a Party, using or requesting a public telecommunications service for purposes outside its trade, business or profession;










(b)


‘direct marketing communication’ means any form of commercial advertising by which a natural or juridical person communicates marketing messages directly to end-users via a public telecommunications service and covers at least electronic mail and text and multimedia messages;










(c)


‘electronic authentication’ means a process that enables the confirmation of:






(i)


the electronic identification of a natural or juridical person; or










(ii)


the origin and integrity of data in electronic form;














(d)


‘electronic seal’ means data in electronic form used by a juridical person which are attached to, or logically associated with, other data in electronic form to ensure the origin and integrity of those other data;










(e)


‘electronic signature’ means data in electronic form which are attached to, or logically associated with, other data in electronic form, and fulfils the following requirements:






(i)


it is used by a natural person to agree on the data in electronic form to which it relates; and










(ii)


it is linked to the data in electronic form to which it relates in such a way that any subsequent alteration in the data in electronic form is detectable;














(f)


‘electronic trust services’ means an electronic service consisting of the creation, verification, and validation of electronic signatures, electronic seals, electronic time stamps, electronic registered delivery, website authentication and certificates related to that service;










(g)


‘end-user’ means any natural or juridical person using or requesting a public telecommunications service, either as a consumer or, if provided for in the laws and regulations of a Party, for trade, business or professional purposes;










(h)


‘personal data’ means personal data as defined in subparagraph (r) of Article 8.3; and










(i)


‘public telecommunications service’ means public telecommunications service as defined in subparagraph (j) of Article 23.2.







Article 26.3

Right to regulate

The Parties reaffirm the right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, social services, education, safety, the environment, including climate change, public morals, social or consumer protection, privacy and data protection, or the promotion and protection of cultural diversity.


Article 26.4

Exceptions

Nothing in this Chapter prevents the Parties from adopting or maintaining measures in accordance with Articles 25.11, 39.1 and 39.2 for the public interest reasons set out therein.




SECTION B




Data Flows and Personal Data Protection




Article 26.5

Cross-border data flows

The Parties are committed to ensuring cross-border data flows to facilitate digital trade. To that end, a Party shall not restrict cross-border data flows between the Parties by:






(a)


requiring the use of computing facilities or network elements in the territory of that Party for processing, including by imposing the use of computing facilities or network elements that are certified or approved in the territory of that Party;










(b)


requiring the localisation of data in the territory of that Party for storage or processing;










(c)


prohibiting storage or processing in the territory of the other Party; or










(d)


making the cross-border transfer of data contingent upon the use of computing facilities or network elements in the territory of that Party or upon localisation requirements in the territory of that Party.






Article 26.6

Protection of personal data and privacy


1.   Each Party recognises that the protection of personal data and privacy is a fundamental right and that high standards in that regard contribute to trust in the digital economy and to the development of trade.


2.   Each Party may adopt and maintain the measures it deems appropriate to ensure the protection of personal data and privacy, including the adoption and application of rules for the cross-border transfer of personal data. Nothing in this Part of this Agreement shall affect the protection of personal data and privacy afforded by the measures of a Party.





SECTION C




Specific Provisions




Article 26.7

Customs duties on electronic transmissions

A Party shall not impose customs duties on electronic transmissions between a person of that Party and a person of the other Party.


Article 26.8

No prior authorisation


1.   A Party shall not require prior authorisation solely on the ground that a service is provided online (90), or adopt or maintain any other requirement having equivalent effect.


2.   Paragraph 1 does not apply to telecommunications services, broadcasting services, gambling services, legal representation services, or services of notaries or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority.



Article 26.9

Conclusion of contracts by electronic means


1.   Each Party shall ensure that its laws and regulations allow contracts to be concluded by electronic means and that the legal requirements for contractual processes do not create obstacles to the use of contracts concluded by electronic means or result in such contracts being deprived of legal effect and validity by reason of their having been concluded by electronic means.


2.   Paragraph 1 does not apply to:






(a)


broadcasting services, gambling services and legal representation services;










(b)


services of notaries or equivalent professions involving a direct and specific connection with the exercise of public authority; and










(c)


contracts that establish or transfer rights in real estate, contracts requiring by law the involvement of courts, public authorities or professions exercising public authority, contracts of suretyship granted and collateral securities furnished by persons acting for purposes outside their trade, business or profession, and contracts governed by family law or by the law of succession.







Article 26.10

Electronic trust services and electronic authentication


1.   A Party shall not deny the legal effect or admissibility as evidence in judicial or administrative proceedings of an electronic trust service or an electronic authentication on the basis that it is in electronic form.


2.   A Party shall not adopt or maintain measures that would:






(a)


prohibit parties to an electronic transaction from mutually determining the appropriate method of electronic authentication for their transaction; or










(b)


prevent parties to an electronic transaction from having the opportunity to prove to judicial or administrative authorities that their electronic transaction complies with any legal requirements with respect to electronic trust services or electronic authentication.






3.   Notwithstanding paragraph 2, a Party may require that for a particular category of electronic transactions, the method of electronic authentication or electronic trust service:






(a)


is certified by an authority accredited in accordance with its law; or










(b)


meets certain performance standards which shall be objective, transparent and non-discriminatory and only relate to the specific characteristics of the category of electronic transactions concerned.







Article 26.11

Online consumer trust


1.   The Parties recognise the importance of enhancing consumer trust in digital trade. Each Party shall adopt or maintain measures to ensure the effective protection of consumers engaging in electronic commerce transactions, including measures that:






(a)


prohibit fraudulent and deceptive commercial practices;










(b)


require suppliers of goods and services to act in good faith and abide by fair commercial practices, including through the prohibition of charging consumers for unsolicited goods and services;










(c)


require suppliers of goods or services to provide consumers with clear and thorough information regarding their identity and contact details (91), as well as regarding the goods or services, the transaction and the applicable consumer rights; and










(d)


grant consumers access to redress in order to claim their rights, including a right to remedies where goods or services are paid and not delivered or provided as agreed.






2.   The Parties recognise the importance of cooperation between their respective national consumer protection agencies, or other relevant bodies, on activities related to electronic commerce in order to enhance consumer trust.



Article 26.12

Unsolicited direct marketing communications


1.   Each Party shall ensure that end-users are effectively protected against unsolicited direct marketing communications.


2.   Each Party shall adopt or maintain effective measures regarding unsolicited direct marketing communications that:






(a)


require suppliers of unsolicited direct marketing communications to ensure that recipients are able to prevent ongoing reception of those communications; or










(b)


require the consent, as specified according to its laws and regulations, of recipients to receive direct marketing communications.






3.   Each Party shall ensure that direct marketing communications are clearly identifiable as such, clearly disclose on whose behalf they are made and contain the necessary information to enable end-users to request cessation free of charge and at any moment.



Article 26.13

Prohibition of mandatory transfer of or access to source code


1.   A Party shall not require the transfer of, or access to, source code of software owned by a natural or juridical person of the other Party. This paragraph does not apply to the voluntary transfer of, or granting of access to, source code on a commercial basis by a person of the other Party, for instance in the context of a public procurement transaction or a freely negotiated contract. Nothing in this paragraph prevents a person of a Party from licensing its software on a free and open-source basis.


2.   For greater certainty, Articles 25.11, 39.1 and 39.2 may apply to measures of a Party adopted or maintained in the context of a certification procedure.


3.   Nothing in this Article shall affect:






(a)


requirements by a court, administrative tribunal or competition authority to remedy a violation of competition law;










(b)


protection and enforcement of intellectual property rights; or










(c)


the right of a Party to take measures in accordance with Article 28.3.







Article 26.14

Cooperation on regulatory issues with regard to digital trade


1.   The Parties shall cooperate by exchanging information on their respective law, as well as on the implementation of that law, related to regulatory issues arising from digital trade, including:






(a)


the recognition and facilitation of interoperable cross-border electronic trust and electronic authentication;










(b)


the treatment of direct marketing communications;










(c)


the protection of consumers online; and










(d)


any other regulatory issue relevant for the development of digital trade.






2.   The Parties shall maintain a dialogue based on the exchange of information referred to in paragraph 1.


3.   This Article does not apply to the rules and measures of a Party for the protection of personal data and privacy, including on cross-border transfer of personal data.



Article 26.15

Review

On request of either Party, the Sub-Committee on Services and Investment referred to in Article 18.10 shall review the implementation of this Chapter, in particular in light of relevant changes affecting digital trade that might arise from new business models or technologies. The Sub-Committee on Services and Investment shall report its findings and may make any necessary recommendations to the Joint Committee.





CHAPTER 27



CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS AND TEMPORARY SAFEGUARD MEASURES



Article 27.1

Objective and scope

The objective of this Chapter is to enable the free movement of capital and payments related to transactions liberalised under this Part of this Agreement (92).


Article 27.2

Current account

Without prejudice to other provisions of this Part of this Agreement, each Party shall allow, in freely convertible currency and in accordance with the Articles of Agreement of the International Monetary Fund, adopted in Bretton Woods, New Hampshire on 22 July 1944, any payments and transfers with regard to transactions on the current account of the balance of payments that fall within the scope of this Part of this Agreement.


Article 27.3

Capital movements

Without prejudice to other provisions of this Part of this Agreement, each Party shall allow, with regard to transactions on the capital and financial account of the balance of payments, the free movement of capital for the purpose of liberalisation of investment and other transactions as provided for in Chapters 17, 18 and 25.


Article 27.4

Application of laws and regulations relating to capital movements, payments or transfers


1.   Articles 17.20, 27.2 and 27.3 shall not be construed as preventing a Party from applying its laws and regulations relating to:






(a)


bankruptcy, insolvency, or the protection of the rights of creditors;










(b)


issuing, trading or dealing in financial instruments such as securities, futures or derivatives;










(c)


financial reporting or record keeping of capital movements, payments or transfers if necessary to assist law enforcement or financial regulatory authorities;










(d)


criminal or penal offenses, deceptive or fraudulent practices;










(e)


ensuring compliance with orders or judgments in judicial or administrative proceedings; or










(f)


social security, public retirement or compulsory savings schemes.






2.   The laws and regulations referred to in paragraph 1 shall be applied in an equitable and non-discriminatory manner, and not in a manner that would constitute a disguised restriction on capital movements, payments or transfers.



Article 27.5

Temporary safeguard measures

In exceptional circumstances of serious difficulties for the operation of the economic and monetary union of the European Union, or a threat thereof, the EU Party may adopt or maintain safeguard measures with regard to capital movements, payments or transfers for a period not exceeding six months. Those measures shall be limited to the extent that is strictly necessary.


Article 27.6

Restrictions in case of balance of payments and external financial difficulties


1.   If a Party experiences serious balance of payments or external financial difficulties, or a threat thereof, it may adopt or maintain restrictive measures with regard to capital movements, payments or transfers (93).


2.   The measures referred to in paragraph 1 of this Article shall:






(a)


be consistent with the Articles of Agreement of the International Monetary Fund, as applicable;










(b)


not exceed those necessary to deal with the situation referred to in paragraph 1 of this Article;










(c)


be temporary and be phased out progressively as the situation referred to in paragraph 1 of this Article improves;










(d)


avoid unnecessary damage to the commercial, economic and financial interests of the other Party; and










(e)


be non-discriminatory as compared with third countries in like situations.






3.   In the case of trade in goods, each Party may adopt or maintain restrictive measures in order to safeguard its external financial position or balance of payments. Such measures shall be in accordance with GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994.


4.   In the case of trade in services, each Party may adopt or maintain restrictive measures in order to safeguard its external financial position or its balance of payments. Such measures shall be in accordance with Article XII of GATS.


5.   A Party that adopts or maintains the measures referred to in paragraphs 1 and 2 shall promptly notify them to the other Party.


6.   If restrictive measures are adopted or maintained pursuant to this Article, the Parties shall promptly hold consultations in the Sub-Committee on Services and Investment, unless such consultations are held in other fora of which both Parties are members. The consultations shall assess the balance of payments or external financial difficulties that led to the respective measures, taking into account, inter alia, factors such as:






(a)


the nature and extent of the difficulties;










(b)


the external economic and trading environment; and










(c)


alternative corrective measures which may be available.






7.   The consultations pursuant to paragraph 6 shall address the compliance of the restrictive measures with paragraphs 1 and 2. Those consultations shall be based on all relevant findings of statistical or factual nature presented by the International Monetary Fund (‘IMF’), where available, and their conclusions shall take into account the assessment by the IMF of the balance of payments and the external financial situation of the Party concerned.





CHAPTER 28



PUBLIC PROCUREMENT



Article 28.1

Definitions

For the purposes of this Chapter and Annexes 28-A and 28-B:






(a)


‘commercial goods or services’ means goods or services of a type generally sold or offered for sale in the commercial marketplace to, and customarily purchased by, non-governmental buyers for non-governmental purposes;










(b)


‘construction service’ means a service that has as its objective the realisation, by whatever means, of civil or building works, based on Division 51 of the CPC;










(c)


‘electronic auction’ means an iterative process that involves the use of electronic means for the presentation by suppliers of new prices, or new values for quantifiable non-price elements of the tender related to the evaluation criteria, or both, resulting in a ranking or re-ranking of tenders;










(d)


‘in writing’ or ‘written’ means any worded or numbered expression that can be read, reproduced and later communicated; it may include electronically transmitted and stored information;










(e)


‘limited tendering’ means a procurement method whereby the procuring entity contacts a supplier or suppliers of its choice;










(f)


‘measure’ means any law, regulation, procedure, administrative guidance or practice, or any action of a procuring entity relating to a covered procurement;










(g)


‘multi-use list’ means a list of suppliers that a procuring entity has determined satisfy the conditions for inclusion on that list, and that the procuring entity intends to use more than once;










(h)


‘notice of intended procurement’ means a notice, published by a procuring entity, inviting interested suppliers to submit a request for participation, a tender, or both;










(i)


‘offset’ means any condition or undertaking that encourages local development or improves a Party's balance-of-payments accounts, such as the use of domestic content, the licensing of technology, investment, counter-trade and a similar action or requirement;










(j)


‘open tendering’ means a procurement method whereby all interested suppliers may submit a tender;










(k)


‘procuring entity’ means an entity covered under Section A, B or C of Annex 28-A or 28-B;










(l)


‘qualified supplier’ means a supplier that a procuring entity recognises as having satisfied the conditions for participation;










(m)


‘selective tendering’ means a procurement method whereby only qualified suppliers are invited by the procuring entity to submit a tender;










(n)


‘services’ includes construction services, unless otherwise specified;










(o)


‘standard’ means a document approved by a recognised body that provides for common and repeated use, rules, guidelines or characteristics for goods or services, or related processes and production methods, with which compliance is not mandatory; it may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a good, service, process or production method;










(p)


‘supplier’ means a person or group of persons that provides or could provide goods or services; and










(q)


‘technical specification’ means a tendering requirement that:






(i)


sets out the characteristics of:






(A)


goods to be procured, including quality, performance, safety and dimensions, or the processes and methods for their production; or










(B)


services to be procured, including quality, performance, safety or the processes or methods for their provision; or














(ii)


addresses terminology, symbols, packaging, marking or labelling requirements, as they apply to a good or service.










Article 28.2

Scope and coverage


1.   This Chapter applies to any measure regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means.


2.   For the purposes of this Chapter, ‘covered procurement’ means procurement for governmental purposes:






(a)


of a good, a service, or any combination thereof:






(i)


as specified in Annex 28-A or 28-B; and










(ii)


not procured with a view to commercial sale or resale, or for use in the production or supply of a good or a service for commercial sale or resale;














(b)


by any contractual means, including purchase, lease and rental or hire purchase, with or without an option to buy;










(c)


for which the value, as estimated in accordance with paragraphs 6 to 8 of this Article, equals or exceeds the relevant threshold specified in Annex 28-A or 28-B at the time of publication of a notice in accordance with Article 28.6;










(d)


by a procuring entity; and










(e)


that is not otherwise excluded from coverage pursuant to paragraph 3 of this Article or to Annex 28-A or 28-B.






3.   Except where otherwise provided for in Annex 28-A or 28-B, this Chapter does not apply to:






(a)


the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;










(b)


non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, subsidies, equity infusions, guarantees and fiscal incentives;










(c)


the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities;










(d)


public employment contracts;










(e)


procurement conducted:






(i)


for the specific purpose of providing international assistance, including development aid;










(ii)


under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or










(iii)


under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance if the applicable procedure or condition would be inconsistent with this Chapter; or














(f)


financial services.






4.   This Chapter applies to all procurement covered by Annex 28-A or 28-B, in which each Party's commitments are set out as follows:






(a)


in Section A of Annexes 28-A and 28-B, the central government entities whose procurement is covered by this Chapter;










(b)


in Section B of Annexes 28-A and 28-B, the sub-central government entities whose procurement is covered by this Chapter;










(c)


in Section C of Annexes 28-A and 28-B, all other entities whose procurement is covered by this Chapter;










(d)


in Section D of Annexes 28-A and 28-B, the goods covered by this Chapter;










(e)


in Section E of Annexes 28-A and 28-B, the services, other than construction services, covered by this Chapter;










(f)


in Section F of Annexes 28-A and 28-B, the construction services covered by this Chapter;










(g)


in Section G of Annexes 28-A and 28-B, public works concessions covered by this Chapter;










(h)


in Section H of Annexes 28-A and 28-B, General Notes;










(i)


in Section I of Annexes 28-A and 28-B, the media by means of which the Party publishes its procurement notices, award notices, and other information related to its public procurement system as set out in this Chapter;










(j)


in Section J of Annex 28-B, the conversion rate to be used for the threshold values.






5.   If a procuring entity, in the context of covered procurement, requires persons not covered under Annex 28-A or 28-B to procure in accordance with particular requirements, Article 28.4 shall apply mutatis mutandis to such requirements.


6.   In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity:






(a)


shall not divide a procurement into separate procurements or select or use a particular valuation method for estimating the value of a procurement with the intention of totally or partially excluding it from the application of this Chapter; and










(b)


shall include the estimated maximum total value of the procurement over its entire duration, whether awarded to one or more suppliers, taking into account all forms of remuneration, including:






(i)


premiums, fees, commissions and interest; and










(ii)


if the procurement provides for the possibility of options, the total value of such options.










7.   If an individual requirement for a procurement results in the award of more than one contract, or in the award of contracts in separate parts (‘recurring contracts’) the calculation of the estimated maximum total value shall be based on:






(a)


the value of recurring contracts for the same type of good or service awarded during the preceding 12 months or the procuring entity's preceding fiscal year, adjusted, if possible, to take into account anticipated changes in the quantity or value of the good or service being procured over the following 12 months; or










(b)


the estimated value of recurring contracts for the same type of good or service to be awarded during the 12 months following the initial contract award or the procuring entity's fiscal year.






8.   In the case of procurement by lease, rental or hire purchase of goods or services, or procurement for which a total price is not specified, the basis for valuation shall be:






(a)


in case of a fixed-term contract:






(i)


if the term of the contract is 12 months or less, the total estimated maximum value for its duration;










(ii)


if the term of the contract exceeds 12 months, the total estimated maximum value, including any estimated residual value;














(b)


if the contract is for an indefinite period, the estimated monthly instalment multiplied by 48;










(c)


if it is not certain whether the contract is to be a fixed-term contract, subparagraph (b) shall apply.







Article 28.3

Security and general exceptions


1.   Nothing in this Chapter shall be construed as preventing a Party from taking any action or not disclosing any information that it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes.


2.   Subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between Parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this Chapter shall be construed as preventing a Party from imposing or enforcing measures:






(a)


necessary to protect public morals, order or safety;










(b)


necessary to protect human, animal or plant life or health;










(c)


necessary to protect intellectual property; or










(d)


relating to goods or services of persons with disabilities, of philanthropic institutions or of prison labour.






3.   The Parties understand that subparagraph (b) of paragraph 2 includes environmental measures necessary to protect human, animal or plant life or health.



Article 28.4

General principles


1.   With respect to any measure regarding covered procurement, each Party, including its procuring entities, shall accord, immediately and unconditionally to the goods and services of the other Party and to the suppliers of the other Party offering goods or services of either Party, treatment no less favourable than the treatment that the Party, including its procuring entities, accords to its own goods, services and suppliers.


2.   With respect to any measure regarding covered procurement, a Party, including its procuring entities, shall not:






(a)


treat a locally established supplier less favourably than another locally established supplier on the basis of the degree of foreign affiliation or ownership; or










(b)


discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party.






3.   The Parties shall ensure that all communication and information exchange for covered procurement are performed using electronic means, including for the publication of procurement information, notices and tender documentation, and for the receipt of tenders. When conducting covered procurement by electronic means, a procuring entity shall:






(a)


ensure that the procurement is conducted using information technology systems and software, including those related to authentication and encryption of information, that are generally available and interoperable with other generally available information technology systems and software;










(b)


establish and maintain mechanisms that ensure the integrity of requests for participation and tenders, including the establishment of the time of receipt and the prevention of inappropriate access; and










(c)


use electronic means of information and communication for the publication of notices and tender documentation in procurement procedures and, to the widest extent practicable, for the submission of tenders.






4.   A procuring entity shall conduct covered procurement in a transparent and impartial manner that:






(a)


is consistent with this Chapter, using methods such as open tendering, selective tendering and limited tendering; and










(b)


prevents conflicts of interest and corrupt practices, in accordance with relevant laws.






5.   For the purposes of public procurement covered by this Chapter, a Party shall not apply rules of origin to goods imported from the other Party that are different from the rules of origin which that Party applies in the normal course of trade to imports of the same goods.


6.   With regard to covered procurement, a Party, including its procuring entities, shall not seek, take account of, impose or enforce any offset at any stage of a procurement.


7.   Paragraphs 1 and 2 shall not apply to customs duties and charges of any kind imposed on, or in connection with, importation, to the method of levying such duties and charges, and to other import regulations or formalities and measures affecting trade in services other than measures governing covered procurement.


8.   Each Party shall ensure that it has appropriate measures in place to address and prevent corruption in their public procurement. Such measures may include procedures to render ineligible for participation in the Party's procurements, either indefinitely or for a stated period of time, suppliers that the judicial authorities of the Party have determined by final decision, to have engaged in bribery, fraud or other illegal actions in relation to public procurement in the territory of that Party. Each Party shall also ensure that it has in place policies and procedures to eliminate, to the extent possible, or manage any potential conflict of interest on the part of those engaged in or having influence over procurement.



Article 28.5

Information on the procurement system


1.   Each Party shall:






(a)


promptly publish any law, regulation, judicial decision, administrative ruling of general application, standard contract clause mandated by law or regulation and incorporated by reference in notices or tender documentation and procedure regarding covered procurement, and any modifications thereof, in the relevant electronic or paper media officially designated at national level, which shall be widely disseminated and remain readily accessible to the public; and










(b)


provide an explanation thereof to the other Party, upon request.






2.   Section I of Annex 28-A and 28- B, respectively, contains a list of:






(a)


the electronic or paper media in which the Party concerned publishes the information set out in paragraph 1;










(b)


the electronic or paper media in which the Party concerned publishes the notices required by Articles 28.6, 28.8(9) and 28.17(2); and










(c)


the website address or addresses where the Party concerned publishes:






(i)


its procurement statistics pursuant to Article 28.17(4); or










(ii)


its notices concerning awarded contracts pursuant to Article 28.17(5).










3.   Each Party shall promptly notify the Sub-Committee referred to in Article 28.21 of any modification to the Party's information listed in Section I of Annex 28-A and 28-B, respectively.



Article 28.6

Notices


1.   For each covered procurement, a procuring entity shall publish a notice of intended procurement, except in the circumstances set out in Article 28.14.


2.   Except as otherwise provided in this Chapter, each notice of intended procurement shall include:






(a)


the name and address of the procuring entity and other information necessary to contact the procuring entity and obtain all relevant documents relating to the procurement, and their cost and terms of payment, if any;










(b)


a description of the procurement, including the nature and the quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity;










(c)


for recurring contracts, an estimate, if possible, of the timing of subsequent notices of intended procurement;










(d)


a description of any options;










(e)


the timeframe for delivery of goods or services or the duration of the contract;










(f)


the procurement method that will be used and whether it will involve negotiation or electronic auction mechanism;










(g)


where applicable, the address and any final date for the submission of requests for participation in the procurement;










(h)


the address and the final date for the submission of tenders;










(i)


the language or languages in which tenders or requests for participation may be submitted, if they may be submitted in a language other than an official language of the Party of the procuring entity;










(j)


a list and brief description of any conditions for participation of suppliers, including any requirements for specific documents or certifications to be provided by suppliers in connection therewith, unless such requirements are included in tender documentation that is made available to all interested suppliers at the same time as the notice of intended procurement;










(k)


where, pursuant to Article 28.8(5), a procuring entity intends to select a limited number of qualified suppliers to be invited to tender, the criteria that will be used to select them and the number of suppliers that will be permitted to tender; and










(l)


an indication that the procurement is covered by this Chapter.






3.   For each case of intended procurement, a procuring entity shall publish a summary notice that is readily accessible at the same time as the publication of the notice of intended procurement, and in one of the WTO official languages (94). The summary notice shall contain at least the following information:






(a)


the subject-matter of the procurement;










(b)


the final date for the submission of tenders or, where applicable, any final date for the submission of requests for participation in the procurement or for inclusion on a multi-use list; and










(c)


the address from which documents relating to the procurement may be requested.






4.   Procuring entities are encouraged to publish as early as possible in each fiscal year a notice regarding their future procurement plans (‘notice of planned procurement’). The notice of planned procurement should include the subject-matter of the procurement and the planned date of the publication of the notice of intended procurement.


5.   A procuring entity covered under Section B or C of Annex 28-A or 28-B may use a notice of planned procurement as a notice of intended procurement provided that the notice of planned procurement includes as much of the information referred to in paragraph 2 of this Article as is available to the entity and a statement that interested suppliers should express their interest in the procurement to the procuring entity.


6.   The notice of intended procurement, summary notice and notice of planned procurement shall be directly accessible by electronic means, free of charge, through a single point of access on the internet. In addition, the notices may also be published in an appropriate paper medium, which shall be widely disseminated and shall remain readily accessible to the public, at least until the expiration of the time period indicated in the notice.
The appropriate paper and electronic medium is listed by each Party in Section I of Annex 28-A and 28-B respectively.


7.   Notwithstanding the requirements set out in paragraph 6 regarding the accessibility, by electronic means, free of charge, through a single point of access, of the notices of intended procurement, summary notices and notices of planned procurement, Chile shall, from the date of entry into force of this Agreement and for a transition period of three years until the single point of access is fully operational, establish a gateway site, as a temporary alternative to a single point of access, which should be accessible free of charge and should provide links to the platforms or websites on which the notices are published. The gateway shall contain links to a maximum of four websites, that are:






(a)



Mercado público;










(b)



Ministerio de Obras Públicas;










(c)



Dirección General de Concesiones; and










(d)



Diario Oficial.






8.   The Parties shall provide for a periodical review of paragraph 7 of this Article, including a discussion within the Sub-Committee referred to in Article 28.21, in particular on the status of implementation of the single point of access.



Article 28.7

Conditions for participation


1.   A procuring entity shall limit any conditions for participation in a procurement to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the relevant procurement.


2.   In establishing the conditions for participation, a procuring entity:






(a)


shall not impose the condition that, in order for a supplier to participate in a procurement, that supplier has previously been awarded one or more contracts by a procuring entity of a Party;










(b)


may require relevant prior experience, where essential to meet the requirements of the procurement; and










(c)


shall not require prior experience in the territory of the Party as a condition of the procurement.






3.   In assessing whether a supplier satisfies the conditions for participation, a procuring entity:






(a)


shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and










(b)


shall base its evaluation on the conditions that the procuring entity has specified in advance in notices or tender documentation.






4.   Where there is supporting evidence, and provided that this paragraph is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties, a Party, including its procuring entities, may exclude a supplier on grounds such as:






(a)


bankruptcy;










(b)


false declarations;










(c)


significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts;










(d)


final judgments in respect of serious crimes or other serious offences;










(e)


grave professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or










(f)


failure to pay taxes.







Article 28.8

Qualification of suppliers


1.   A Party, including its procuring entities, may maintain a supplier registration system under which interested suppliers are required to register and provide certain information. In that event, the Party shall ensure that interested suppliers have access to information on the registration system through electronic means and that they may request registration at any time. The competent authority shall inform them within a reasonable period of time of the decision to grant or reject the request. If the request is rejected, the decision shall be duly motivated.


2.   Each Party shall ensure that:






(a)


its procuring entities make efforts to minimise differences in their qualification procedures; and










(b)


if its procuring entities maintain registration systems, the entities make efforts to minimise differences in those systems.






3.   A Party, including its procuring entities, shall not adopt or apply a registration system or qualification procedure for the purpose or with the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement.


4.   If a procuring entity intends to use selective tendering, it shall:






(a)


include in the notice of intended procurement at least the information set out in subparagraphs (a), (b), (f), (g), (j), (k) and (l) of Article 28.6(2) and invite suppliers to submit a request for participation; and










(b)


provide, by the commencement of the time period for tendering, at least the information in subparagraphs (c), (d), (e), (h) and (i) of Article 28.6(2) to the qualified suppliers that it notifies pursuant to subparagraph (b) of Article 28.12(3).






5.   A procuring entity shall allow all qualified suppliers to participate in a particular procurement, unless the procuring entity states in the notice of intended procurement any limitation on the number of suppliers that will be permitted to tender and the criteria or justification for selecting the limited number of suppliers. An invitation to submit a tender shall be addressed to a number of suppliers that is necessary to ensure competition.


6.   Where the tender documentation is not made publicly available from the date of publication of the notice referred to in paragraph 4, a procuring entity shall ensure that those documents are made available at the same time to all the qualified suppliers selected in accordance with paragraph 5.


7.   A procuring entity may maintain a multi-use list of suppliers, provided that a notice inviting interested suppliers to apply for inclusion on the list is:






(a)


published annually; and










(b)


if published by electronic means, made available continuously, in the appropriate medium listed in Section I of Annexes 28-A and 28-B.






8.   The notice provided for in paragraph 7 shall include:






(a)


a description of the goods or services, or categories thereof, for which the list may be used;










(b)


the conditions for participation that the suppliers shall satisfy in order to be included in the list, and the methods that the procuring entity will use to verify that a supplier satisfies the conditions;










(c)


the name and address of the procuring entity and other information necessary to contact the entity and obtain all relevant documents relating to the list;










(d)


the period of validity of the list and the means for its renewal or termination or, if the period of validity is not provided, an indication of the method by which notice of the termination of use of the list will be given; and










(e)


an indication that the list may be used for procurement covered by this Chapter.






9.   Notwithstanding paragraph 7, if a multi-use list is valid for three years or less, a procuring entity may publish the notice referred to in paragraph 7 only once, at the beginning of the period of validity of the list, provided that the notice:






(a)


states the period of validity and that further notices will not be published; and










(b)


is published by electronic means and is made available continuously during the period of its validity.






10.   A procuring entity shall allow suppliers to apply at any time for inclusion on a multi-use list and shall include on the list all qualified suppliers within a reasonably short time.


11.   Where a supplier that is not included on a multi-use list submits a request for participation in a procurement based on a multi-use list and all required documents within the time period provided for in Article 28.12(2), a procuring entity shall examine the request. The procuring entity shall not exclude the supplier from consideration in respect of the procurement on the grounds that the entity has insufficient time to examine the request, unless, in exceptional cases, due to the complexity of the procurement, the entity is not able to complete the examination of the request within the time period allowed for the submission of tenders.


12.   A procuring entity covered under Section B or C of Annex 28-A or 28-B may use a notice inviting suppliers to apply for inclusion on a multi-use list as a notice of intended procurement, provided that:






(a)


the notice is published in accordance with paragraph 7 of this Article and includes the information required under paragraph 8 of this Article, as much of the information required under Article 28.6(2) as is available, and a statement that the notice constitutes a notice of intended procurement or that only the suppliers on the multi-use list will receive further notices of procurement covered by the multi-use list; and










(b)


the entity promptly provides suppliers that have expressed an interest in a given procurement to the entity with sufficient information to permit them to assess their interest in the procurement, including all remaining information required under Article 28.6(2), to the extent that such information is available.






13.   A procuring entity covered under Section B or C of Annex 28-A or 28-B may allow a supplier that has applied for inclusion on a multi-use list in accordance with paragraph 10 of this Article to tender in a given procurement, where there is sufficient time for the procuring entity to examine whether the supplier satisfies the conditions for participation.


14.   A procuring entity shall promptly inform any supplier that submits a request for participation in a procurement, or an application for inclusion on a multi-use list, of the procuring entity's decision with respect to the request or application.


15.   If a procuring entity rejects a supplier's request for participation in a procurement or application for inclusion on a multi-use list, ceases to recognise a supplier as qualified, or removes a supplier from a multi-use list, the entity shall promptly inform the supplier and, on request of the supplier, promptly provide the supplier with a written explanation of the reasons for its decision.



Article 28.9

Technical specifications


1.   A procuring entity shall not prepare, adopt or apply any technical specification or provide for any conformity assessment procedure for the purpose or with the effect of creating unnecessary obstacles to international trade.


2.   In providing for the technical specifications for the goods or services being procured, a procuring entity shall, if appropriate:






(a)


set out the technical specification in terms of performance and functional requirements, rather than in terms of design or descriptive characteristics; and










(b)


base the technical specification on international standards, if they exist, or on national technical regulations, recognised national standards or building codes, if such international standards do not exist.






3.   If design or descriptive characteristics are used in the technical specifications, a procuring entity should indicate, if appropriate, that it will consider tenders of equivalent goods or services that demonstrably fulfil the requirements of the procurement by including words such as ‘or equivalent’ in the tender documentation.


4.   A procuring entity shall not provide for technical specifications that require or refer to a particular trademark or trade name, patent, copyright, design, type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that, in such cases, the entity includes words such as ‘or equivalent’ in the tender documentation.


5.   A procuring entity shall not seek or accept, in a manner that would have the effect of precluding competition, advice that may be used in the preparation or adoption of any technical specification for a specific procurement from a person that may have a commercial interest in the procurement.


6.   For greater certainty, a Party, including its procuring entities, may, in accordance with this Article, prepare, adopt or apply technical specifications to promote the conservation of natural resources or protect the environment.



Article 28.10

Tender documentation


1.   A procuring entity shall make available to suppliers tender documentation that includes all information necessary to permit suppliers to prepare and submit responsive tenders. Unless already provided in the notice of intended procurement, such documentation shall include a complete description of:






(a)


the procurement, including the nature and the quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity and any requirements to be fulfilled, including any technical specifications, conformity assessment certification, plans, drawings or instructional materials;










(b)


any conditions for participation of suppliers, including a list of information and documents that suppliers are required to submit in connection with the conditions for participation;










(c)


all evaluation criteria that the entity will apply in the awarding of the contract and, unless price is the sole criterion, the relative importance of those criteria;










(d)


if the procuring entity will conduct the procurement by electronic means, any authentication and encryption requirements or other requirements related to the submission of information by electronic means;










(e)


if the procuring entity will hold an electronic auction, the rules, including identification of the elements of the tender related to the evaluation criteria, subject to which the auction will be conducted;










(f)


if there will be a public opening of tenders, the date, time and place for the opening and, if appropriate, the persons authorised to be present;










(g)


any other terms or conditions, including terms of payment and any limitation on the means by which tenders may be submitted, such as whether they are to be submitted on paper or by electronic means; and










(h)


any dates for the delivery of goods or the supply of services.






2.   In establishing a date for the delivery of goods or the supply of services being procured, a procuring entity shall take into account factors such as the complexity of the procurement, the extent of subcontracting anticipated, and the realistic time required for production, de-stocking and transport of goods from the point of supply or for supply of services.


3.   The evaluation criteria set out in the notice of intended procurement or tender documentation may include, among others, price and other cost factors, quality, technical merit, environmental characteristics and terms of delivery.


4.   A procuring entity shall promptly:






(a)


make available tender documentation to ensure that interested suppliers have sufficient time to submit responsive tenders;










(b)


provide, on request, the tender documentation to any interested supplier; and










(c)


reply to any reasonable request for relevant information by any interested or participating supplier within the time period established in each Party's legislation, provided that such information does not give that supplier an advantage over other suppliers.






5.   If a procuring entity modifies the criteria or requirements set out in the notice of intended procurement or tender documentation provided to participating suppliers, or amends or reissues a notice or tender documentation, it shall transmit in writing all such modifications or the amended or reissued notice or tender documentation:






(a)


to all suppliers that are participating at the time of the modification, amendment or reissuance, if such suppliers are known to the entity, and in all other cases, in the same manner as the original information was made available; and










(b)


in adequate time, considering the nature and complexity of the procurement, to allow such suppliers to modify and resubmit modified tenders, as appropriate.







Article 28.11

Environmental and social considerations


1.   A Party may allow its procuring entities to use environmental and social considerations throughout the procurement procedure, provided that they are not discriminatory, are consistent with the prohibition of offsets in Article 28.4(6), and are linked to the subject matter of the contract.


2.   For greater certainty, environmental and social considerations shall not be prepared, adopted or applied in a manner that constitutes a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction of trade between the Parties.



Article 28.12

Time periods


1.   A procuring entity shall, consistent with its own reasonable needs, provide sufficient time for suppliers to prepare and submit requests for participation and responsive tenders, taking into account factors such as:






(a)


the nature and complexity of the procurement;










(b)


the extent of subcontracting anticipated; and










(c)


where electronic means are not used, the time necessary for transmitting tenders by non-electronic means from foreign as well as domestic points.




Such time periods, including any extensions thereof, shall be the same for all interested or participating suppliers.


2.   A procuring entity which uses selective tendering shall establish a final date for the submission of requests for participation that shall not, in principle, be earlier than 25 days from the date of publication of the notice of intended procurement. If a state of urgency duly substantiated by the procuring entity renders such time period impracticable, the time period may be reduced to no less than 10 days.


3.   Except as provided for in paragraphs 4, 5, 7 and 8, a procuring entity shall establish a final date for the submission of tenders that shall not be earlier than 40 days from the date on which:






(a)


in the case of open tendering, the notice of intended procurement is published; or










(b)


in the case of selective tendering, the procuring entity notifies suppliers that they will be invited to submit tenders, whether or not it uses a multi-use list.






4.   A procuring entity may reduce the time period for tendering established in accordance with paragraph 3 to no less than 10 days if:






(a)


the procuring entity has published a notice of planned procurement as set out in Article 28.6(4) at least 40 days, and not more than 12 months, in advance of the publication of the notice of intended procurement, and the notice of planned procurement contains:






(i)


a description of the procurement;










(ii)


the approximate final dates for the submission of tenders or requests for participation;










(iii)


a statement that interested suppliers should express their interest in the procurement to the procuring entity;










(iv)


the address from which documents relating to the procurement may be obtained; and










(v)


as much of the information that is required for the notice of intended procurement under Article 28.6(2) as is available;














(b)


the procuring entity, for recurring contracts, indicates in an initial notice of intended procurement that subsequent notices will establish the time periods for tendering based on this paragraph; or










(c)


a state of urgency duly substantiated by the procuring entity renders the time period for tendering established in accordance with paragraph 3 impracticable.






5.   A procuring entity may reduce the time period for tendering established in accordance with paragraph 3 by five days for each of the following circumstances:






(a)


the notice of intended procurement is published by electronic means;










(b)


all the tender documentation is made available by electronic means from the date of the publication of the notice of intended procurement; and










(c)


the entity accepts tenders by electronic means.






6.   The application of paragraph 5, in conjunction with paragraph 4, shall in no case result in the reduction of the time period for tendering established in accordance with paragraph 3 to less than 10 days from the date on which the notice of intended procurement is published.


7.   Notwithstanding any other provision of this Article, if a procuring entity purchases commercial goods or services, or any combination thereof, it may reduce the time period for tendering established in accordance with paragraph 3 to no less than 13 days, provided that it publishes by electronic means, at the same time, both the notice of intended procurement and the tender documentation. In addition, if the procuring entity accepts tenders for commercial goods or services by electronic means, it may reduce the time period established in accordance with paragraph 3 to no less than 10 days.


8.   If a procuring entity covered under Section B or C of Annex 28-A or 28-B has selected all or a limited number of qualified suppliers, the time period for tendering may be fixed by mutual agreement between the procuring entity and the selected suppliers. In the absence of agreement, the period shall not be less than 10 days.



Article 28.13

Negotiation


1.   A Party may provide for its procuring entities to conduct negotiations with suppliers in the context of covered procurement:






(a)


if the procuring entity has indicated its intent to conduct negotiations in the notice of intended procurement as required under Article 28.6(2); or










(b)


if it appears from the evaluation that no tender is obviously the most advantageous in terms of the specific evaluation criteria set out in the notice of intended procurement or tender documentation.






2.   A procuring entity shall:






(a)


ensure that any elimination of suppliers participating in negotiations is carried out in accordance with the evaluation criteria set out in the notice of intended procurement or tender documentation; and










(b)


if negotiations are concluded, provide a common deadline for the remaining participating suppliers to submit any new or revised tenders.







Article 28.14

Limited tendering


1.   Provided that it does not use this provision for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic suppliers, a procuring entity may use limited tendering and may choose not to apply Article 28.6, Article 28.7, Article 28.8, Article 28.10, and Articles 28.12, 28.13, 28.15 and 28.16 under any of the following circumstances:






(a)


if:






(i)


tenders were not submitted or suppliers did not request participation;










(ii)


none of the submitted tenders conforms to the essential requirements of the tender documentation;










(iii)


none of the suppliers satisfied the conditions for participation; or










(iv)


the tenders submitted have been declared collusive by the competent authority provided that the requirements of the tender documentation are not substantially modified;














(b)


if the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist, for any of the following reasons:






(i)


the requirement is for a work of art;










(ii)


the protection granted by patents, copyrights or other exclusive rights; or










(iii)


an absence of competition for technical reasons;














(c)


in the case of procurement of additional deliveries by the original supplier of goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services:






(i)


cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement; and










(ii)


would cause significant inconvenience or substantial duplication of costs for the procuring entity;














(d)


where, and in so far as strictly necessary, for reasons of extreme urgency brought about by events which were unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering or selective tendering;










(e)


in the case of goods purchased on a commodity market;










(f)


where a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study or original development; original development of a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs;










(g)


in the case of purchases made under exceptionally advantageous conditions that only arise in the very short term in case of unusual disposals such as those arising from liquidation, receivership or bankruptcy, but not in the case of routine purchases from regular suppliers; or










(h)


where a contract is awarded to a winner of a design contest, provided that:






(i)


the contest has been organised in a manner that is consistent with the principles of this Chapter, in particular with regard to the publication of a notice of intended procurement; and










(ii)


the participants are judged by an independent jury with a view to a design contract being awarded to a winner.










2.   The procuring entity shall prepare a report in writing on each contract awarded under paragraph 1. The report shall include the name of the procuring entity, the value and kind of goods or services procured, and a statement indicating the circumstances and conditions set out in paragraph 1 that justified the use of limited tendering.



Article 28.15

Electronic auctions

Where a procuring entity intends to conduct a covered procurement using an electronic auction, the entity shall provide each participant, before commencing the electronic auction, with:






(a)


the automatic evaluation method, including the mathematical formula, that is based on the evaluation criteria set out in the tender documentation and that will be used in the automatic ranking or re-ranking during the auction;










(b)


the results of any initial evaluation of the elements of its tender where the contract is to be awarded on the basis of the most advantageous tender; and










(c)


any other relevant information relating to the conduct of the auction.






Article 28.16

Treatment of tenders and awarding of contracts


1.   A procuring entity shall receive, open and treat all tenders under procedures that guarantee the fairness and impartiality of the procurement process and the confidentiality of tenders.


2.   A procuring entity shall not penalise any supplier whose tender is received after the deadline specified for receiving tenders if the delay is due solely to mishandling on the part of the procuring entity.


3.   If a procuring entity provides a supplier with an opportunity to correct unintentional errors of form between the opening of tenders and the awarding of the contract, the procuring entity shall provide the same opportunity to all participating suppliers.


4.   To be considered for an award, a tender shall be submitted in writing and shall, at the time of opening, comply with the essential requirements set out in the notices and tender documentation, and shall be from a supplier that satisfies the conditions for participation.


5.   Unless a procuring entity determines that it is not in the public interest to award a contract, the entity shall award the contract to the supplier that the entity has determined to be capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the notices and tender documentation, has submitted:






(a)


the most advantageous tender; or










(b)


the lowest price, if price is the sole criterion.






6.   Where a procuring entity receives a tender with a price that is abnormally low in relation to the prices in other tenders submitted, it may verify with the supplier that the supplier satisfies the conditions for participation and is capable of fulfilling the terms of the contract.


7.   A procuring entity shall not use options, cancel a procurement or modify awarded contracts in a manner that circumvents the obligations under this Chapter.


8.   Each Party shall make best efforts to provide, as a general rule, a standstill period between the award and the conclusion of a contract, in order to give sufficient time to unsuccessful bidders to review and challenge the award decision.



Article 28.17

Transparency of procurement information


1.   A procuring entity shall promptly inform participating suppliers of the procuring entity's contract award decisions and, on request of a supplier, shall do so in writing. Subject to Article 28.18(2) and (3) a procuring entity shall, upon request, provide an unsuccessful supplier with an explanation of the reasons why the entity did not select its tender, and the relative advantages of the successful supplier's tender.


2.   No later than 72 days after the award of each contract covered by this Chapter, a procuring entity shall publish a notice in the appropriate paper or electronic medium listed in Section I of Annex 28-A and 28-B. Where the procuring entity publishes the notice only in an electronic medium, the information shall remain readily accessible for a reasonable period of time. The notice shall include at least the following information:






(a)


a description of the goods or services procured;










(b)


the name and address of the procuring entity;










(c)


the name of the successful supplier;










(d)


the value of the successful tender or the highest and lowest offers taken into account in the award of the contract;










(e)


the date of award; and










(f)


the type of procurement method used, and, in cases where limited tendering was used in accordance with Article 28.14, a description of the circumstances justifying the use of limited tendering.






3.   Each procuring entity shall, for a period of at least three years from the date it awards a contract, maintain:






(a)


the documentation and reports of tendering procedures and contract awards relating to covered procurement, including the reports required under Article 28.14; and










(b)


data that ensures the appropriate traceability of the conduct of covered procurement by electronic means.






4.   On request of the other Party, and with a view to the discussions in the Sub-Committee referred to in Article 28.21, each Party shall make available to the other Party statistics on covered procurement of goods, services and construction services, including, to the maximum extent possible, statistics on works concessions. In accordance with Article 28.23, the Parties shall cooperate to achieve a better understanding of each other's public procurement statistics.


5.   If a Party requires notices concerning awarded contracts, pursuant to paragraph 2 of this Article, to be published electronically, and if such notices are accessible to the public through a single database in a form permitting analysis of the covered contracts, the Party may, instead of reporting to the Sub-Committee referred to in Article 28.21, provide a link to the website, together with any instructions necessary to access and use such data.



Article 28.18

Disclosure of information


1.   On request of the other Party, a Party shall promptly provide any information necessary to determine whether a procurement was conducted fairly, impartially and in accordance with this Chapter, including information on the characteristics and relative advantages of the successful tender. Where release of the information would prejudice competition in future tenders, the Party that receives the information shall not disclose it to any supplier, except after consulting with, and obtaining the consent of, the Party that provided the information.


2.   Notwithstanding any other provision of this Chapter, a Party, including its procuring entities, shall not, except to the extent required by law or with the written authorisation of the supplier that provided the information, disclose information that would prejudice legitimate commercial interests of a particular supplier or that might prejudice fair competition between suppliers.


3.   Nothing in this Chapter shall be construed as requiring a Party, including its procuring entities, authorities and review bodies, to disclose confidential information if disclosure:






(a)


would impede law enforcement;










(b)


might prejudice fair competition between suppliers;










(c)


would prejudice the legitimate commercial interests of particular persons, including the protection of intellectual property; or










(d)


would otherwise be contrary to the public interest.







Article 28.19

Domestic review procedures


1.   Each Party shall provide a timely, effective, transparent and non-discriminatory administrative or judicial review procedure through which a supplier may challenge the following, arising in the context of a covered procurement in which the supplier has, or has had, an interest:






(a)


a breach of this Chapter; or










(b)


a failure to comply with a Party's measures implementing this Chapter, where the supplier does not have the right to challenge directly a breach of this Chapter under the laws of a Party.




The procedural rules for all challenges shall be in writing and made generally available.


2.   In the event of a complaint by a supplier, arising in the context of covered procurement in which the supplier has, or has had, an interest, that there has been a breach or a failure as referred to in paragraph 1, the Party of the procuring entity conducting the procurement shall encourage the entity and the supplier to seek resolution of the complaint through consultations. The entity shall accord impartial and timely consideration to any such complaint in a manner that is not prejudicial to the supplier's participation in ongoing or future procurement or its right to seek corrective measures under the administrative or judicial review procedure.


3.   Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge, which in no case shall be less than 10 days from the time when the basis of the challenge became known or should have reasonably become known to the supplier.


4.   Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its procuring entities to receive and review a challenge by a supplier arising in the context of a covered procurement.


5.   Where a body other than an authority referred to in paragraph 4 initially reviews a challenge, the Party shall ensure that the supplier has the right to appeal the initial decision to an impartial administrative or judicial authority that is independent of the procuring entity whose procurement is the subject of the challenge.


6.   Each Party shall ensure that the decisions of a review body that is not a court are subject to judicial review or that the review body has procedures that provide that:






(a)


the procuring entity shall respond in writing to the challenge and disclose all relevant documents to the review body;










(b)


the participants to the proceedings (hereinafter, the ‘participants’) have the right to be heard prior to the review body’s decision on a challenge;










(c)


the participants have the right to be represented and accompanied;










(d)


the participants have access to all proceedings;










(e)


the participants have the right to request that the proceedings take place in public and that witnesses may be presented; and










(f)


the review body shall make its decisions or recommendations in a timely fashion, in writing, and shall include an explanation of the basis for each decision or recommendation.






7.   Each Party shall adopt or maintain procedures that provide for:






(a)


rapid interim measures to preserve the supplier's opportunity to participate in the procurement; such interim measures may result in suspension of the procurement process; the procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether such measures should be applied; just cause for not acting shall be provided in writing; and










(b)


where a review body has determined that there has been a breach or a failure as referred to in paragraph 1, corrective action or compensation for the loss or damages suffered, which may be limited to the costs for the preparation of the tender or the costs relating to the challenge, or both.







Article 28.20

Modifications and rectifications to coverage


1.   The EU Party may modify or rectify Annex 28-A and Chile may modify or rectify Annex 28-B.


2.   If a Party intends to modify its Annex as referred to in paragraph 1, that Party shall:






(a)


notify the other Party in writing; and










(b)


include in the notification a proposal for appropriate compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification.






3.   Notwithstanding subparagraph (b) of paragraph 2 of this Article, a Party does not need to provide compensatory adjustments if the modification covers an entity over which the Party has effectively eliminated its control or influence. Government control or influence over the covered procurement of entities listed in Section A, B or C of Annex 28-A or 28-B is presumed to be effectively eliminated, in so far as the entity's procurement is concerned, where the entity is exposed to competition on markets to which access is not restricted.


4.   If a Party notifies the other Party under paragraph 2 of an intended modification of its Annex, the other Party shall object in writing if it disputes that:






(a)


an adjustment proposed under subparagraph (b) of paragraph 2 is adequate to maintain a comparable level of mutually agreed coverage; or










(b)


the modification covers an entity over which the Party's control or influence has effectively ended in accordance with paragraph 3.




The other Party shall submit any written objection under this paragraph within 45 days of receipt of the notification referred to in subparagraph (a) of paragraph 2 of this Article. If that Party does not submit any written objections within that time period, it shall be deemed to have accepted the adjustment or modification, including for the purposes of Chapter 38.


5.   The Parties shall consider the following changes to Annex 28-A or 28-B as a rectification of a purely formal nature, provided that they do not affect the mutually agreed coverage provided for in this Chapter:






(a)


a change in the name of an entity;










(b)


a merger of two or more entities listed within Section A, B or C of Annex 28-A or 28-B;










(c)


the separation of an entity listed in Section A, B or C of Annex 28-A or 28-B into two or more entities that are all added to the entities listed in the same Section of Annex 28-A or 28-B.






6.   If a Party proposes a rectification of Annex 28-A or 28-B respectively, that Party shall notify the other Party every two years following the date of entry into force of this Agreement.


7.   A Party may notify the other Party of an objection to a proposed rectification within 45 days of receipt of the notification. If a Party submits an objection, it shall set out the reasons why it believes the proposed rectification is not a change provided for in paragraph 5, and describe the effect of the proposed rectification on the mutually agreed coverage provided for in this Chapter. If no such objection is submitted in writing within 45 days of receipt of the notification, the Party shall be deemed to have agreed to the proposed rectification.


8.   If the other Party objects to the proposed modification or rectification within 45 days, the Parties shall seek to resolve the issue through consultations after having received the notification. If the Parties do not reach an agreement within 60 days of receipt of the objection, the Party seeking to modify or rectify its Annex may refer the matter to dispute settlement procedure under this Part of this Agreement. The proposed modification or rectification will take effect only when both Parties have agreed thereto or on the basis of a final decision pursuant to the procedure provided for in Chapter 38.


9.   Failure to reach an agreement in the consultation procedure under paragraph 8 of this Article does not exempt the Parties from the obligation to carry out consultations under Chapter 38.



Article 28.21

Sub-Committee on Public Procurement

On request of a Party, the Sub-Committee on Public Procurement (‘Sub-Committee’) established pursuant to Article 8.8(1), shall meet to address matters related to the implementation and operation of this Chapter, including the following:






(a)


issues regarding public procurement that are referred to it by a Party;










(b)


monitoring the cooperation activities undertaken by the Parties as provided for in Article 28.23;










(c)


facilitation of the participation of small and medium-sized enterprises in covered procurement as provided for in Article 28.22; and










(d)


discussion on the status of implementation of the single point of access under Article 28.6(7).






Article 28.22

Facilitation of participation by small and medium-sized enterprises


1.   The Parties recognise the important contribution that small and medium-sized enterprises (hereinafter, ‘SMEs’) can make to economic growth and employment, and the importance of facilitating the participation of SMEs in public procurement.


2.   The Parties recognise the importance of electronic procurement in facilitating the participation of SMEs in procurement procedures by ensuring transparency.


3.   The Parties also recognise the importance of business alliances between suppliers of each Party, and in particular between SMEs, including joint participation in tendering procedures.


4.   The Parties may:






(a)


provide information related to their measures used in order to contribute, promote, encourage or facilitate SMEs' participation in public procurement;










(b)


cooperate in the elaboration of mechanisms to provide information to SMEs about the means for participating in covered procurement under this Chapter.






5.   To facilitate participation of SMEs in covered procurement, each Party shall, to the extent possible:






(a)


provide a definition of SMEs in an electronic portal;










(b)


endeavour to make all tender documentation available free of charge;










(c)


take any other measure designed to facilitate the participation of SMEs in public procurement covered by this Chapter, provided that such measures do not discriminate against the other Party's enterprises.







Article 28.23

Cooperation


1.   The Parties shall make best efforts to develop cooperation activities with a view to achieving a better understanding of their respective public procurement systems, as well as better access to their respective markets, in matters such as:






(a)


exchanging experiences and information, such as regulatory frameworks, best practices and statistics;










(b)


facilitating participation by suppliers in covered procurement, in particular with respect to SMEs;










(c)


developing and expanding the use of electronic means in public procurement systems;










(d)


building capability by fostering mutual learning between government officials and staff of procuring entities with a view to fulfilling the provisions of this Chapter.






2.   The Parties shall inform the Sub-Committee referred to in Article 28.21 of any such activity.



Article 28.24

Further negotiations

The Sub-Committee on Public Procurement referred to in Article 28.21 shall review the operation of this Chapter and, no later than four years after the date of entry into force of this Agreement, may propose that the Joint Committee recommend that the Parties hold further negotiations with a view to achieving additional market access opening.




CHAPTER 29



STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTS OR PRIVILEGES AND DESIGNATED MONOPOLIES



Article 29.1

Scope


1.   The Parties affirm their rights and obligations under paragraphs 1 to 3 of Article XVII of GATT 1994, the Understanding on the Interpretation of Article XVII of GATT 1994, as well as under paragraphs 1, 2 and 5 of Article VIII of GATS.


2.   This Chapter applies to a state-owned enterprise, an enterprise granted special rights or privileges and a designated monopoly (‘entity’) engaged in commercial activities. If an entity engages in both commercial and non-commercial activities (95), only the commercial activities are covered by this Chapter.


3.   This Chapter applies to state-owned enterprises, enterprises granted special rights or privileges and designated monopolies, at all levels of government.


4.   This Chapter does not apply to the procurement by a Party of a good or service purchased for governmental purposes and not with a view to commercial resale or with a view to the supply of a good or service for commercial sale, whether or not that procurement is a ‘covered procurement’ as defined in Article 28.2.


5.   This Chapter does not apply to any service supplied in the exercise of governmental authority.


6.   This Chapter does not apply to state-owned enterprises, enterprises granted special rights or privileges and designated monopolies in cases where in any one of the three previous consecutive fiscal years, the annual revenue derived from the commercial activities of the entity was less than 100 million Special Drawing Rights (SDRs) (96).


7.   Article 29.4 does not apply to services sectors which are outside the scope of this Agreement.


8.   Article 29.4 does not apply to the extent that a state-owned enterprise, enterprise granted special rights or privileges or designated monopoly of a Party makes purchases and sales of goods or services pursuant to:






(a)


any existing non-conforming measure that the Party maintains, continues, renews or amends in accordance with Article 17.14, 18.8 or 25.10 as set out in its schedule in Annex 17-A; or










(b)


any non-conforming measure that the Party adopts or maintains with respect to sectors, subsectors or activities in accordance with Article 17.14, 18.8 or 25.10 as set out in its schedule in Annex 17-B.







Article 29.2

Definitions

For the purposes of this Chapter and Annex 29:






(a)


‘commercial activities’ means activities carried out by an enterprise the end result of which is the production of a good or supply of a service to be sold in the relevant market in quantities and at prices determined by the enterprise, and which are undertaken with an orientation towards profit-making (97);










(b)


‘commercial considerations’ means considerations of price, quality, availability, marketability, transportation and other terms and conditions of purchase or sale, or other factors that would normally be taken into account in the commercial decisions of a privately owned enterprise operating according to market economy principles in the relevant business or industry;










(c)


‘designate’ means to establish or authorise a monopoly, or to expand the scope of a monopoly to cover an additional good or service;










(d)


‘designated monopoly’ means an entity, including a group of entities or a government agency, that in a relevant market in the territory of a Party is designated as the sole supplier or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of such grant;










(e)


‘enterprise granted special rights or privileges’ (98) means any enterprise, public or private, that has been granted, in law or in fact, special rights or privileges, by a Party; special rights or privileges are granted by a Party when it designates or limits to two or more the number of enterprises authorised to supply a good or a service, taking into account the specific sectorial regulation under which the granting of the right or privilege has taken place, other than in line with objective, proportionate and non-discriminatory criteria, thereby substantially affecting the ability of any other enterprise to supply the same good or service in the same geographical area under substantially equivalent conditions;










(f)


‘service supplied in the exercise of governmental authority’ means a service supplied in the exercise of governmental authority as defined in paragraph 3(c) of Article I of GATS, including as defined in the Annex on Financial Services to GATS if applicable; and










(g)


‘state-owned enterprise’ means an enterprise owned or controlled by a Party (99).






Article 29.3

General provisions

Without prejudice to the rights and obligations of a Party under this Chapter, nothing in this Chapter prevents a Party from establishing or maintaining state-owned enterprises, designating or maintaining monopolies or granting enterprises special rights or privileges.


Article 29.4

Non-discriminatory treatment and commercial considerations


1.   A Party shall ensure that each of its state-owned enterprises, enterprises granted special rights or privileges and designated monopolies, when engaging in commercial activities:






(a)


acts in accordance with commercial considerations in its purchase or sale of a good or service, except to fulfil any terms of its public service mandate that are not inconsistent with subparagraph (b) or (c) of this paragraph;










(b)


in its purchase of a good or service:






(i)


accords to a good or service supplied by an enterprise of the other Party treatment no less favourable than it accords to a like good or a like service supplied by enterprises of the Party concerned; and










(ii)


accords to a good or service supplied by an enterprise that is a covered investment, as defined in subparagraph (d) of Article 17.2(1), in the territory of that Party treatment no less favourable than it accords to a like good or a like service supplied by enterprises in the relevant market in the territory of that Party that are investments of investors of that Party; and














(c)


in its sale of a good or service:






(i)


accords to an enterprise of the other Party treatment no less favourable than it accords to enterprises of the Party concerned; and










(ii)


accords to an enterprise that is a covered investment, as defined in subparagraph (d) of Article 17.2(1), in the territory of that Party treatment no less favourable than it accords to enterprises in the relevant market in the territory of that Party that are investments of investors of that Party.










2.   Paragraph 1 does not preclude state-owned enterprises, enterprises granted special rights or privileges or designated monopolies from:






(a)


purchasing or supplying goods or services on different terms or conditions, including terms or conditions relating to price, provided that such different terms or conditions are established in accordance with commercial considerations; or










(b)


refusing to purchase or supply goods or services, provided that such refusal is undertaken in accordance with commercial considerations.







Article 29.5

Regulatory framework


1.   The Parties shall make best use of international standards, as applicable, including the OECD Guidelines on Corporate Governance of State-Owned Enterprises, as appropriate.


2.   Each Party shall ensure that any regulatory body or any other body exercising a regulatory function that it establishes or maintains:






(a)


is independent from, and not accountable to, any of the enterprises that it regulates, in order to ensure the effectiveness of the regulatory function; and










(b)


acts, in like circumstances, impartially (100) in respect of all enterprises that it regulates, including state-owned enterprises, enterprises granted special rights or privileges and designated monopolies (101).






3.   Each Party shall apply its laws and regulations to state-owned enterprises, enterprises granted special rights or privileges and designated monopolies in a consistent and non-discriminatory manner.



Article 29.6

Transparency


1.   A Party (‘the requesting Party’) which has reason to believe that its interests under this Chapter are being adversely affected by the commercial activities of a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly of the other Party may request that other Party (‘the requested Party’) to supply in writing information on that entity's commercial activities relating to the implementation of this Chapter.


2.   The requesting Party shall include, in a request pursuant to paragraph 1, an explanation as to how that Party believes that the activities of the entity may be affecting the interests of that Party under this Chapter and shall specify which information listed in paragraph 3 it requests.


3.   The requested Party shall provide the following information, in accordance with paragraphs 1 and 2:






(a)


the ownership and the voting structures of the entity, indicating the percentage of shares that the Party, its state-owned enterprises, enterprises granted special rights or privileges or designated monopolies cumulatively own, and the percentage of voting rights that they cumulatively hold, in the entity;










(b)


a description of any special shares or special voting or other rights that the Party, its state-owned enterprises, enterprises granted special rights or privileges or designated monopolies hold, if such rights are different from those attached to the general common shares of the entity;










(c)


the organisational structure of the entity and the composition of its board of directors or of an equivalent body;










(d)


a description of which government departments or public bodies regulate or monitor the entity, a description of the reporting requirements imposed on it by those government departments or public bodies, and the rights and practices of those government departments or any public bodies in respect of the appointment, dismissal or remuneration of senior executives and members of its board of directors or any other equivalent management body;










(e)


the annual revenue of the entity and total assets over the most recent three-year period for which information is available;










(f)


any exemptions, immunities and related measures from which the entity benefits under the laws and regulations of the requested Party; and










(g)


any additional information regarding the entity that is publicly available, including annual financial reports and third-party audits.






4.   Paragraphs 1, 2 and 3 do not require any Party to disclose confidential information the disclosure of which would be inconsistent with its laws and regulations, impede law enforcement, or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of particular enterprises.


5.   If the requested information is not available to the requested Party, that Party shall provide the requesting Party with the reasons therefor, in writing.



Article 29.7

Party-specific Annex


1.   Article 29.4 does not apply in respect of the non-conforming activities of state-owned enterprises or designated monopolies that a Party lists in its schedule in Annex 29 in accordance with the terms of the schedule of the Party.


2.   On request of either Party, the Joint Council may adopt a decision to amend Annex 29 pursuant to subparagraph (a) of Article 8.5(1) and shall in any event consider amendments to Annex 29 within five years of the date of entry into force of this Agreement.





CHAPTER 30



COMPETITION POLICY



Article 30.1

Principles

The Parties recognise the importance of free and undistorted competition in trade and investment. The Parties acknowledge that anti-competitive practices have the potential to distort the proper functioning of markets and undermine the benefits of trade liberalisation.


Article 30.2

Regulatory framework


1.   Each Party shall maintain or adopt competition law which applies to all sectors of the economy (102) and addresses the following practices in an effective manner:






(a)


agreements between enterprises, decisions by associations of enterprises and concerted practices which have as their object or effect the prevention, restriction or distortion of competition;










(b)


abuses by one or more enterprises of a dominant position; and










(c)


mergers between enterprises which significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position.






2.   Each Party shall ensure that all enterprises, private or public, are subject to the competition law referred to in paragraph 1.


3.   The application of the competition law of each Party should not obstruct the performance, in law or in fact, of any particular task of public interest assigned to the enterprises concerned. Exemptions from the competition law of a Party should be limited to tasks of public interest, limited to what is strictly necessary to achieve the desired public policy objective, and transparent.



Article 30.3

Implementation


1.   Each Party shall maintain a functionally independent authority responsible for, and appropriately equipped with the powers and resources necessary for the full application and the effective enforcement of, the competition law referred to in Article 30.2.


2.   Each Party shall apply its competition law in a transparent and non-discriminatory manner, respecting the principles of procedural fairness and right of defence of the enterprises concerned, irrespective of their nationality or ownership.



Article 30.4

Cooperation


1.   The Parties acknowledge that it is in their common interest to promote cooperation on matters related to their competition policy and the enforcement thereof.


2.   To facilitate cooperation, the competition authorities of the Parties may exchange information, subject to the confidentiality rules provided for in their respective laws and regulations.


3.   The competition authorities of the Parties shall endeavour to coordinate, to the extent possible and if appropriate, their enforcement activities in the same or related conduct or cases.



Article 30.5

Consultations


1.   To foster mutual understanding between the Parties, or to address specific matters on the interpretation or application of this Chapter, the Parties shall, on request of either Party, promptly enter into consultations on any matter concerning the interpretation or application of this Chapter (103). The Party requesting consultations shall indicate, if relevant, how the matter affects trade or investment between the Parties.


2.   To facilitate the consultations referred to in paragraph 1, each Party shall endeavour to provide relevant non-confidential information to the other Party.



Article 30.6

Non-application of dispute settlement

Chapter 38 does not apply to this Chapter.




CHAPTER 31



SUBSIDIES



Article 31.1

Principles

The Parties recognise that subsidies may be granted if they are necessary to achieve public policy objectives. The Parties acknowledge, however, that certain subsidies have the potential to distort the proper functioning of markets and undermine the benefits of trade liberalisation and competition. Therefore, in principle, a Party shall not grant subsidies if they negatively affect, or are likely to negatively affect, trade or competition between the Parties.


Article 31.2

Definition and scope


1.   For the purposes of this Chapter, a ‘subsidy’ means a measure which fulfils the conditions set out in Article 1.1 of the SCM Agreement, irrespective of whether it is granted to an enterprise supplying goods or to an enterprise supplying services (104).


2.   This Chapter applies to subsidies which are specific in accordance with Article 2 of the SCM Agreement.


3.   This Chapter applies to subsidies to any enterprise, including private and public enterprises.


4.   Each Party shall ensure that subsidies to enterprises entrusted with the operation of services of general economic interest are subject to the rules set out in this Chapter, in so far as the application of those rules does not obstruct the performance, in law or in fact, of the particular tasks that are assigned to those enterprises. Assigned tasks shall be transparent, and any limitation to or deviation from the application of the rules set out in this Chapter shall not go beyond what is necessary to perform the assigned tasks.


5.   Article 31.5 does not apply to subsidies related to trade in goods covered by Annex 1 to the Agreement on Agriculture.


6.   Articles 31.5 and 31.6 do not apply to the audio-visual sector.


7.   Articles 31.5 and 31.6 do not apply to subsidies granted to assist indigenous people and their communities in their economic development (105). Such subsidies shall be targeted, proportionate and transparent.


8.   Articles 31.5 and 31.6 do not apply to subsidies granted to remedy the damage caused by natural disasters or other exceptional occurrences.


9.   Article 31.5 does not apply to subsidies that are granted on a temporary basis to respond to an economic emergency (106). Such subsidies shall be proportionate and targeted to remedy that economic emergency.


10.   The Joint Council may adopt a decision amending the definition of ‘subsidy’ in paragraph 1 of this Article in so far as it relates to enterprises supplying services, with a view to incorporating the outcome of future discussions in the WTO or related plurilateral fora on that matter, pursuant to subparagraph (a) of Article 8.5(1).



Article 31.3

Relation to the WTO Agreement

This Chapter applies without prejudice to the rights and obligations of a Party under Article XV of GATS, Article XVI of GATT 1994, the SCM Agreement and the Agreement on Agriculture.


Article 31.4

Transparency


1.   With respect to a subsidy granted or maintained within its territory, each Party shall make available the following information:






(a)


the legal basis and purpose of the subsidy;










(b)


the form of the subsidy;










(c)


the amount of the subsidy or the amount budgeted for the subsidy; and










(d)


if possible, the name of the recipient of the subsidy.






2.   A Party shall meet the requirements set out in paragraph 1 of this Article by means of:






(a)


notification pursuant to Article 25 of the SCM Agreement, provided that the notification contains all the information referred to in paragraph 1 of this Article and is provided at least every two years;










(b)


notification pursuant to Article 18 of the Agreement on Agriculture; or










(c)


publication by the Party or on its behalf on a publicly accessible website, by 31 December of the calendar year following the year in which the subsidy was granted or maintained.







Article 31.5

Consultations


1.   If a Party considers that a subsidy granted by the other Party has or could have a negative effect on its trade interests or on competition, that Party (the ‘requesting Party’) may express its concern in writing to the other Party (the ‘responding Party’) and request consultations on the matter. Such a request shall include an explanation of how the subsidy has or could have a negative effect on the trade interests of the requesting Party or on competition.


2.   For the purposes of paragraph 1, the requesting Party may request from the responding Party the following information about the subsidy:






(a)


the legal basis and policy objective or purpose of the subsidy;










(b)


the form of the subsidy;










(c)


the dates and duration of the subsidy and any other time limits attached to it;










(d)


the eligibility requirements of the subsidy;










(e)


the total amount or the annual amount budgeted for the subsidy;










(f)


if possible, the name of the recipient of the subsidy; and










(g)


any other information permitting an assessment of the negative effect of the subsidy.






3.   The responding Party shall provide the information requested pursuant to paragraph 2 in writing no later than 60 days after the date of receipt of the request.


4.   If the responding Party does not provide, in whole or in part, the information requested pursuant to paragraphs 2 and 3, the responding Party shall explain the reasons therefor in writing.


5.   If, after having received the requested information and following the consultations, the requesting Party considers that the subsidy concerned has or may have a significant negative effect on its trade interests or competition, the responding Party shall use its best endeavours to eliminate or minimise that effect.



Article 31.6

Subsidies subject to conditions


1.   When granting the following subsidies, each Party shall apply the following conditions:






(a)


in respect of subsidies whereby a government, directly or indirectly, is responsible for guaranteeing debts or liabilities of certain enterprises, that the coverage of the debts or liabilities is not unlimited with regard to the amount of those debts or liabilities or that the duration of the government's responsibility is not unlimited; and










(b)


in respect of subsidies to insolvent or ailing enterprises such as loans and guarantees, cash grants, capital injections, provision of assets below market prices and tax exemptions with a duration of more than one year, that a credible restructuring plan has been prepared which is based on realistic assumptions with a view to ensuring the return of the insolvent or ailing enterprises, within a reasonable time, to long-term viability and that the enterprise, with the exception of small and medium-sized enterprises, itself contributes to the costs of restructuring.






2.   Subparagraph (b) of paragraph 1 does not apply to subsidies granted to enterprises as a temporary liquidity support in the form of loan guarantees or loans limited to the amount needed merely to keep an ailing company in business for the time necessary to adopt a restructuring or liquidation plan.


3.   This Article applies only to subsidies that negatively affect trade and competition of the other Party or are likely to do so.


4.   This Article does not apply to subsidies:






(a)


which are granted to ensure the orderly market exit of a company; or










(b)


the cumulative amounts or budgets of which are less than 170 000 SDR per enterprise over a period of three consecutive years.







Article 31.7

Use of subsidies

Each Party shall ensure that enterprises use subsidies only for the explicitly defined policy objective for which those subsidies were granted (107).


Article 31.8

Non-application of dispute settlement

Chapter 38 does not apply to Article 31.5(5).


Article 31.9

Confidentiality


1.   When exchanging information under this Chapter, the Parties shall take into account the limitations imposed by their respective law concerning professional and business secrecy and shall ensure the protection of business secrets and other confidential information.


2.   If a Party communicates information under this Chapter, the receiving Party shall maintain the confidentiality of that information.





CHAPTER 32



INTELLECTUAL PROPERTY




SECTION A




General Provisions




Article 32.1

Objectives


1.   The objectives of this Chapter are to:






(a)


facilitate the production and commercialisation of innovative and creative goods and services between the Parties, contributing to a more sustainable and inclusive economy for the Parties;










(b)


facilitate and govern trade between the Parties, as well as reduce distortions and impediments to such trade; and










(c)


achieve an adequate and effective level of protection and enforcement of intellectual property rights.






2.   The objectives set out in Article 7 of the TRIPS Agreement apply to this Chapter, mutatis mutandis.



Article 32.2

Scope


1.   Each Party shall comply with its commitments under the international treaties in the field of intellectual property to which it is a party, including the TRIPS Agreement.


2.   This Chapter shall complement and further specify the rights and obligations of each Party under the TRIPS Agreement and other international treaties in the field of intellectual property.


3.   Nothing in this Chapter prevents a Party from applying provisions of its law introducing higher standards for the protection and enforcement of intellectual property rights, provided that those provisions are compatible with this Chapter. Each Party shall be free to determine the appropriate method of implementing this Chapter within its own legal system and practice.



Article 32.3

Principles


1.   The principles set out in Article 8 of the TRIPS Agreement apply to this Chapter, mutatis mutandis.


2.   Taking into consideration the underlying public policy objectives of domestic systems, the Parties recognise the need to do the following through their respective intellectual property systems, while respecting the principles of transparency, taking into account the interests of relevant stakeholders, including right holders, users and the general public:






(a)


promote innovation and creativity; and










(b)


facilitate the diffusion of information, knowledge, technology, culture and the arts.







Article 32.4

Definitions

For the purposes of this Chapter and Annexes 32-A, 32-B and 32-C:






(a)


‘Berne Convention’ means the Berne Convention for the Protection of Literary and Artistic Works, done at Berne on 9 September 1886, and as amended on 28 September 1979;










(b)


‘intellectual property’ means all categories of intellectual property rights that are covered by Sub-Sections 1 to 7 of Section B of this Chapter or Sections 1 to 7 of Part II of the TRIPS Agreement; the protection of intellectual property includes protection against unfair competition pursuant to Article 10bis of the Paris Convention;










(c)


‘Paris Convention’ means the Paris Convention for the Protection of Industrial Property, of 20 March 1883, as last revised at Stockholm on 14 July 1967 and as amended on 28 September 1979;










(d)


‘Rome Convention’ means the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done at Rome on 26 October 1961; and










(e)


‘WIPO’ means the World Intellectual Property Organization.






Article 32.5

National treatment


1.   In respect of all categories of intellectual property rights covered by this Chapter, each Party shall accord to nationals of the other Party treatment no less favourable than it accords to its own nationals with regard to the protection (108) of intellectual property rights, subject to the exceptions already provided in, respectively, the Paris Convention, the Berne Convention, the Rome Convention or the Treaty on Intellectual Property in Respect of Integrated Circuits, done at Washington on 26 May 1989 and the WIPO Performances and Phonograms Treaty (‘WPPT’), done at Geneva on 20 December 1996. In respect of performers, producers of phonograms and broadcasting organisations, that obligation only applies in respect of the rights provided for under this Chapter.


2.   A Party may avail itself of the exceptions permitted under paragraph 1 in relation to its judicial and administrative procedures, including requiring a national of the other Party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that such exception is:






(a)


necessary to secure compliance with the laws or regulations of the Party concerned that are not inconsistent with this Chapter; and










(b)


not applied in a manner that would constitute a disguised restriction on trade.






3.   Paragraph 1 does not apply to procedures provided in multilateral agreements concluded under the auspices of WIPO relating to the acquisition or maintenance of intellectual property rights.



Article 32.6

Intellectual property and public health


1.   The Parties recognise the importance of the Declaration on the TRIPS Agreement and Public Health, adopted at Doha on 14 November 2001 by the Ministerial Conference of the WTO (the ‘Doha Declaration’). In interpreting and implementing the rights and obligations under this Chapter, the Parties shall ensure consistency with the Doha Declaration.


2.   Each Party shall implement Article 31bis of the TRIPS Agreement, as well as the Annex and the Appendix to that Annex, which entered into force on 23 January 2017.



Article 32.7

Exhaustion

Nothing in this Part of this Agreement prevents a Party from determining whether or under what conditions the exhaustion of intellectual property rights applies under its legal system.




SECTION B




Standards Concerning Intellectual Property Rights






Sub-Section 1





Copyright and Related Rights




Article 32.8

International agreements


1.   Each Party affirms their commitment to and shall comply with:






(a)


the Berne Convention;










(b)


the Rome Convention;










(c)


the WIPO Copyright Treaty (‘WCT’), done at Geneva on 20 December 1996;










(d)


the WPPT; and










(e)


the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled, done in Marrakesh on 27 June 2013.






2.   Each Party shall make all reasonable efforts to ratify or accede to the Beijing Treaty on Audiovisual Performances, adopted in Beijing on 24 June 2012.



Article 32.9

Authors

Each Party shall provide authors with the exclusive right to authorise or prohibit:






(a)


direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of their works;










(b)


any form of distribution to the public by sale or otherwise of the original of their works or copies thereof;










(c)


any communication to the public of their works by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them; and










(d)


the commercial rental to the public of originals or copies of their computer programs or cinematographic works.






Article 32.10

Performers

Each Party shall provide performers with the exclusive right to authorise or prohibit:






(a)


the fixation (109) of their performances;










(b)


the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of fixations of their performances;










(c)


the distribution to the public, by sale or otherwise, of the fixations of their performances;










(d)


the making available to the public of fixations of their performances, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them; and










(e)


the broadcasting by wireless means and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation.






Article 32.11

Producers of phonograms

Each Party shall provide phonogram producers with the exclusive right to authorise or prohibit:






(a)


the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of their phonograms;










(b)


the distribution to the public, by sale or other transfer of ownership, of their phonograms, including copies thereof;










(c)


the making available to the public of their phonograms, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them; and










(d)


the commercial rental of their phonograms to the public.






Article 32.12

Broadcasting organisations

Each Party shall provide broadcasting organisations with the exclusive right to authorise or prohibit:






(a)


the fixation of their broadcasts transmitted by wireless means;










(b)


the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of fixations of their broadcasts transmitted by wireless means; and










(c)


the rebroadcasting of their broadcasts by wireless means, as well as the communication to the public (110) of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.






Article 32.13

Broadcasting and communication to the public of phonograms published for commercial purposes (111)



1.   Each Party shall provide a right in order to ensure that a single equitable remuneration is paid by the user to the performers and producers of phonograms, if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting or communication to the public (112).


2.   Each Party shall ensure that the single equitable remuneration referred to in paragraph 1 is shared between the relevant performers and phonogram producers. Each Party may enact legislation that, in the absence of an agreement between performers and producers of phonograms, sets the terms according to which performers and producers of phonograms shall share such single equitable remuneration.



Article 32.14

Term of protection


1.   The rights of an author of a work shall run for the life of the author and for no less than 70 years after the death of the author, irrespective of the date when the work is lawfully made available to the public (113).


2.   In the case of a work of joint authorship, the term of protection provided for in paragraph 1 shall be calculated from the death of the last surviving author.


3.   In the case of anonymous or pseudonymous works, the term of protection shall run for no less than 70 years after the work is lawfully made available to the public. However, if the pseudonym adopted by the author leaves no doubt as to the identity of the author, or if the author discloses their identity during the period referred to in this paragraph, the term of protection applicable shall be that provided for in paragraph 1.


4.   The term of protection of cinematographic or audiovisual works shall expire no less than 70 years after the date of death of the last surviving author. It shall be a matter for the laws and regulations of the Parties to determine the persons that are to be considered authors of a cinematographic or audiovisual work.


5.   The rights of broadcasting organisations shall expire 50 years after the date of the first transmission of a broadcast.


6.   The rights of performers shall expire no less than 50 years after the date of the fixation of the performance; however:






(a)


if a fixation of the performance is lawfully published or, where provided for by a Party, lawfully communicated to the public within the period of 50 years referred to in this paragraph, the term of protection shall be calculated from the date of the first such publication or, where provided for by a Party, the first such communication to the public; where a Party provides for both possibilities, the term of protection shall be calculated from whichever event occurs earlier; and










(b)


if a fixation of the performance in a phonogram is lawfully published or, where provided for by a Party, lawfully communicated to the public within the period of 50 years referred to in this paragraph, the term of protection shall expire no less than 70 years after the date of the first such publication or, where provided for by a Party, the first such communication to the public; where a Party provides for both possibilities, the term of protection shall be calculated from whichever event occurs earlier.






7.   The rights of producers of phonograms shall expire no less than 50 years after the fixation is made. However, if the phonogram is lawfully published or, where provided for by a Party, lawfully communicated to the public within that period, such rights shall expire no less than 70 years after the date of the first such publication or, where provided for by a Party, the first such communication to the public. The Parties may adopt or maintain effective measures to ensure that the profit generated during the 20 years of protection beyond 50 years is shared fairly between the performers and the producers of phonograms.



Article 32.15

Resale right


1.   Each Party shall provide for, for the benefit of the author of an original work of graphic or plastic art, a ‘resale right’, to be defined as an inalienable right, which cannot be waived, even in advance, to receive a royalty based on the sale price obtained, for any resale of the work, subsequent to the first transfer of the work by the author (114).


2.   The resale right referred to in paragraph 1 shall apply to all acts of resale involving art market professionals, such as salesrooms, art galleries and, in general, any dealers in works of art, as sellers, buyers or intermediaries.


3.   Each Party may provide that the resale right referred to in paragraph 1 shall not apply to acts of resale where the seller has acquired the work directly from the author less than three years before that resale and where the resale price does not exceed a certain minimum amount.



Article 32.16

Collective management of rights


1.   The Parties shall promote cooperation between their respective collective management organisations for the purposes of fostering the availability of works and other protected subject matter in the territories of the Parties, and of the transfer of rights revenue between their respective collective management organisations for the use of such works or other protected subject matter.


2.   The Parties shall promote transparency of collective management organisations, in particular regarding rights revenue they collect, deductions they apply to rights revenue they collect, the use of the rights revenue collected, the distribution policy and their repertoire.


3.   Each Party shall ensure that collective management organisations established in its territory that represent another collective management organisation established in the territory of the other Party through a representation agreement are encouraged to accurately, regularly and diligently pay amounts owed to the represented collective management organisation as well as to provide the represented collective management organisation with information on the amount of rights revenue collected on its behalf and on any deductions made to that rights revenue.



Article 32.17

Limitations and exceptions

Each Party shall provide for limitations or exceptions to the rights set out in Articles 32.9 to 32.13 only in certain special cases which do not conflict with a normal exploitation of the work or other subject matter and do not unreasonably prejudice the legitimate interests of the right holders.


Article 32.18

Protection of technological measures


1.   Each Party shall provide adequate legal protection against the circumvention of any effective technological measure, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that the person is pursuing that objective.


2.   Each Party shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the provision of services which:






(a)


are promoted, advertised or marketed for the purpose of circumventing any effective technological measures;










(b)


have only a limited commercially significant purpose or use other than to circumvent any effective technological measures; or










(c)


are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of any effective technological measures.






3.   For the purposes of this Sub-Section, ‘technological measure’ means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject matter (115), which are not authorised by the right holder of any copyright or related right as provided for by the law of a Party. Technological measures shall be deemed to be effective if the use of a protected work or other subject matter is controlled by the right holders through the application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject matter, or of a copy control mechanism which achieves the protection objective.


4.   Notwithstanding the legal protection provided for in paragraph 1 of this Article, in the absence of voluntary measures taken by the right holders, each Party may take appropriate measures, as necessary, to ensure that the adequate legal protection against the circumvention of effective technological measures provided for in accordance with this Article does not prevent beneficiaries of exceptions or limitations provided for in accordance with Article 32.17 from enjoying such exceptions or limitations.



Article 32.19

Obligations concerning rights-management information


1.   Each Party shall provide adequate legal protection against any person knowingly performing, without authority, any of the following acts, if such person knows, or has reasonable grounds to know, that by so doing that person is inducing, enabling, facilitating or concealing an infringement of any copyright or related rights as provided for in the law of that Party:






(a)


the removal or alteration of any electronic rights-management information; and










(b)


the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject matter protected under this Sub-Section from which electronic rights-management information has been removed or altered without authority.






2.   For the purposes of this Article, ‘rights-management information’ means any information provided by right holders which identifies the work or other subject matter referred to in this Article, the author or any other right holder, or information about the terms and conditions of use of the work or other subject matter, and any numbers or codes that represent such information.


3.   Paragraph 2 applies if any of the items of information referred to in that paragraph is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject matter referred to in this Article.






Sub-Section 2





Trademarks




Article 32.20

International agreements

Each Party shall:






(a)


comply with the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on 27 June 1989, as amended on 12 November 2007;










(b)


comply with the Trademark Law Treaty, done at Geneva on 27 October 1994, and with the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of 15 June 1957, as amended on 28 September 1979; and










(c)


make all reasonable efforts to accede to the Singapore Treaty on the Law of Trademarks, done at Singapore on 27 March 2006.






Article 32.21

Rights conferred by a trademark

Each Party shall provide that the owner of a registered trademark has the exclusive right to prevent third parties that do not have the owner's consent from using, in the course of trade, signs identical or similar to those in respect of which the trademark is registered, where such use would result in a likelihood of confusion. In the event of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.


Article 32.22

Registration procedure


1.   Each Party shall provide for a system for the registration of trademarks in which each final negative decision taken by the relevant trademark administration, including a partial refusal of registration, shall be duly reasoned and communicated in writing to the relevant party.


2.   Each Party shall provide for the possibility for third parties to oppose trademark applications or, where appropriate under its law, trademark registrations. Such opposition proceedings shall be adversarial.


3.   Each Party shall provide for a publicly available electronic database of trademark applications and trademark registrations.



Article 32.23

Well-known trademarks

For the purposes of giving effect to the protection of well-known trademarks, as referred to in Article 6bis of the Paris Convention and Article 16(2) and (3) of the TRIPS Agreement, the Parties affirm the importance of the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks, adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO on 20 to 29 September 1999.


Article 32.24

Exceptions to the rights conferred by a trademark


1.   Each Party:






(a)


shall provide for the fair use of descriptive terms as a limited exception to the rights conferred by trademarks; and










(b)


may provide for other limited exceptions.






2.   Paragraph 1 applies provided that the exceptions take account of the legitimate interests of the owners of the trademarks and of third parties.


3.   The trademark shall not entitle the proprietor to prohibit a third party from using the following, in the course of trade:






(a)


their own name or address;










(b)


indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or services; or










(c)


the trademark, where it is necessary to indicate the intended purpose of a good or service, in particular as accessories or spare parts.






4.   Paragraph 3 applies where the use made by the third party is in accordance with honest practices in industrial or commercial matters (116).


5.   A Party may provide that the trademark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality, if that right is recognised by the law of that Party and is used within the limits of the territory in which it is recognised.



Article 32.25

Grounds for revocation


1.   Each Party shall provide that a trademark shall be liable to revocation if, within a continuous period of five years, it has not been put to genuine use in the relevant territory in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use. However, a Party may provide that no person shall claim that the proprietor's rights in a trademark should be revoked where, during the interval between expiry of the five-year period and filing of the application for revocation, genuine use of the trademark has started or resumed. The commencement or resumption of use within a period of three months preceding the filing of the application for revocation, which began at the earliest on expiry of the continuous period of five years of non-use, shall, however, be disregarded if preparations for the commencement or resumption occurred only after the proprietor becomes aware that the application for revocation may be filed.


2.   A trademark shall also be liable to revocation if, after the date on which it was registered as a consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a good or service in respect of which it is registered (117).



Article 32.26

Bad faith applications

A trademark shall be liable to be declared invalid where the application for registration of the trademark was made in bad faith by the applicant. Each Party may also provide that such a trademark shall not be registered.





Sub-Section 3





Designs (118)





Article 32.27

International agreements

Each Party shall make all reasonable efforts to accede to the Geneva Act to the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on 2 July 1999.


Article 32.28

Protection of registered designs (119)



1.   Each Party shall provide for the protection of independently created designs that are new or original (120). That protection shall be provided by registration and shall confer an exclusive right upon its holder in accordance with the provisions of this Article.


2.   A holder of a registered design shall have the right to prevent third parties not having the holder's consent at least from making, selling, importing, exporting the product bearing and embodying the protected design or using articles bearing or embodying the protected design, where such acts are undertaken for commercial purposes, unduly prejudice the normal exploitation of the design, or are not compatible with fair trade practice.


3.   A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new or original:






(a)


if the component part, once it has been incorporated into the complex product, remains visible during normal use of the complex product, and










(b)


to the extent that visible features of the component part referred to in subparagraph (a) fulfil in themselves the requirement of novelty or originality.






4.   For the purposes of subparagraph (a) of paragraph 3, ‘normal use’ means the use by the end user, excluding maintenance, servicing or repair work.



Article 32.29

Duration of protection

The duration of protection available shall amount to at least 15 years from the date of filing of the application.


Article 32.30

Exceptions and exclusions


1.   Each Party may provide for limited exceptions to the protection of designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected designs and do not unreasonably prejudice the legitimate interests of the holder of the protected design, taking account of the legitimate interests of third parties.


2.   Design protection shall not extend to designs that are dictated essentially by technical or functional considerations.


3.   A design shall not subsist in features of appearance of a product which must necessarily be reproduced in their exact form and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to, or placed in, around or against, another product so that either product can perform its own function.


4.   By way of derogation from paragraph 3, a design may subsist in a design which has the purpose of allowing the multiple assembly or connection of mutually interchangeable products within a modular system.



Article 32.31

Relationship to copyright

A design shall also be eligible for protection under the copyright law of a Party as from the date on which the design was created or fixed in any form. Each Party shall determine the extent to which, and the conditions under which, such a protection is conferred, including the level of originality required.





Sub-Section 4





Geographical Indications




Article 32.32

Definition and scope


1.   For the purposes of this Part of this Agreement, ‘geographical indication’ means an indication which identifies a good as originating in the territory of a Party, or a region or locality in its territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.


2.   This Sub-Section applies to geographical indications, which identify the products listed in Annex 32-C.


3.   The Parties agree to consider, after the entry into force of this Agreement, extend the scope of geographical indications covered by this Sub-Section to other product types of geographical indications not covered by paragraph 2, and in particular handicrafts, by taking into account the legislative developments of the Parties.


4.   A Party shall protect geographical indications of the other Party, in accordance with this Sub-Section, provided that those geographical indications are protected as such in the country of origin.



Article 32.33

Listed geographical indications

Each Party, having examined both the legislation of the other Party referred to in Annex 32-A and the geographical indications of the other Party listed in Annex 32-C, and having completed proper publicity measures, in accordance with its laws and practices, shall protect the geographical indications of the other Party listed in Annex 32-C, in accordance with the level of protection laid down in this Sub-Section.


Article 32.34

Amendment of the list of geographical indications


1.   The Parties agree on the possibility to amend the list of geographical indications in Annex 32-C pursuant to Article 32.40(1). Any addition by a Party to its list of geographical indications in Annex 32-C shall not exceed 45 geographical indications every three years after the date of entry into force of this Agreement. The Parties shall add new geographical indications after the completion of the opposition procedure in accordance with the criteria set out in Annex 32-B and after having examined the geographical indications, to the satisfaction of both Parties.


2.   When an amendment of the list of geographical indications in Annex 32-C concerns a minor change related to the spelling of a listed geographical indication or the reference to the denomination of the geographical area to which it is attributable, the procedure referred to in Article 32.40(4) applies.


3.   Any addition or change of a geographical indication pursuant to paragraph 1 or 2 shall be made by mutual consent of the Parties.



Article 32.35

Scope of protection of geographical indications


1.   The geographical indications listed in Annex 32-C, as well as those added pursuant to Article 32.34, shall be protected against:






(a)


any commercial use of the geographical indication, for a product which is the same type of product and which:






(i)


does not originate in the place of origin specified in Annex 32-C for that geographical indication; or










(ii)


originates in the place of origin specified in Annex 32-C for that geographical indication, but which was not produced or manufactured in accordance with the product specification of the protected name, even where the name is accompanied by terms such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘flavour’, or other similar expressions;














(b)


the use of any means in the designation or presentation of a product that indicates or suggests that the product in question originates in a geographical area other than the true place of origin in a manner which risks misleading the public as to the geographical origin of the product;










(c)


any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention, including the exploitation of the reputation of a geographical indication or any false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material, or the documents related to the goods themselves, and any practice liable to mislead the consumer as to the true origin of the product.






2.   Protected geographical indications shall not become generic in the territories of the Parties.


3.   There shall be no obligation under this Sub-Section to protect geographical indications which are not, or cease to be, protected in their territory of origin.


4.   A Party shall not preclude the possibility that the protection or recognition of a geographical indication may be cancelled by the competent authorities in the territory of its origin on the basis that the protected or recognised term has ceased to meet the conditions on which the protection or recognition was originally granted in its territory of origin.


5.   Each Party shall notify the other Party if a geographical indication ceases to be protected in its territory of origin. Such notification shall take place in accordance with the procedures laid down in Article 32.40.


6.   Nothing in this Sub-Section shall prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except if such name is used with the purpose of misleading the public.


7.   The protection provided for under this Sub-Section shall apply to the translation of the geographical indications listed in Annex 32-C, if the use of such translation risks misleading the public.


8.   If a translation of a geographical indication is identical to, or contains, generic or descriptive terms, including nouns and adjectives, or terms that are customarily used in common language as the common name for a product in the territory of a Party, or if a geographical indication is not identical to but contains such a term, the provisions of this Sub-Section shall not prejudice the right of any person to use that term in association with that product.


9.   The protection provided for under this Sub-Section does not apply to an individual component of a multicomponent term that is protected as a geographical indication listed in Appendix 32-C-1, if the individual component (121) is a term that is customarily used in common language as the common name for the associated product.


10.   Nothing in this Sub-Section shall prevent the use, in the territory of a Party, with respect to any product, of a name of a plant variety or an animal breed (122).


11.   For new geographical indications that a Party intends to add in accordance with Article 32.34, nothing shall require a Party to protect a geographical indication which is identical to the term that is customarily used in common language as the common name for the associated product in the territory of that Party (123).



Article 32.36

Right of use of geographical indications


1.   A name protected under this Sub-Section as a geographical indication may be used by any operator marketing a product which conforms to the corresponding specification.


2.   A name protected under this Sub-Section as a geographical indication shall not be subject to any registration of users, or further charges.



Article 32.37

Relation between trademarks and geographical indications


1.   The Parties shall refuse to register a trademark the use of which would breach Article 32.35 and which relates to the same type of product as the geographical indication, provided that the application to register such a trademark is submitted after the date of application for protection of the geographical indication in the territory of the Party concerned.


2.   Trademarks registered in breach of paragraph 1 shall be invalidated, ex officio or on request of an interested party, in accordance with the law and practice of the Parties.


3.   For the geographical indications referred to in Article 32.33, the date of submission of the application for protection referred to in paragraphs 1 and 2 shall be 1 November 2022.


4.   For geographical indications added to Annex 32-C in accordance with Article 32.34, the date of submission of the application for protection shall be the date of the transmission of a request to the other Party to protect a geographical indication subject to the successful conclusion of the process to amend the list of protected geographical indications referred to in Article 32.34.


5.   The Parties shall protect geographical indications also if a prior trademark exists. A prior trademark registered in good faith may be renewed and may be subject to variations that require the filing of a new trademark application, provided that those variations do not undermine the protection of geographical indications and that there are no grounds for invalidation of the trademark under the law of the Parties.


6.   For the purposes of paragraph 5 of this Article, a ‘prior trademark’ means a trademark the use of which breaches Article 32.35, for which an application for registration has been made, or which has been established by use if that possibility is provided for by the legislation concerned, in good faith in the territory of a Party before the date on which the application for protection of the geographical indication is submitted by the other Party under this Part of this Agreement.



Article 32.38

Enforcement of protection

Each Party shall enforce the protection provided for in Articles 32.35, 32.36 and 32.37 by administrative action on request of an interested party. Each Party shall provide, within its law and practice, for additional administrative and judicial steps to prevent or stop the unlawful use of protected geographical indications.


Article 32.39

General rules


1.   A Party shall not be required to protect a name as a geographical indication under this Sub-Section if that name conflicts with the name of a plant variety or an animal breed and, as a result, is likely to mislead the consumer as to the true origin of the product.


2.   If geographical indications of the Parties are homonymous, protection shall be granted by a Party to each geographical indication of the other Party, provided that there is sufficient distinction in practice between conditions of usage and presentation of the names so as to not mislead the consumer.


3.   If a Party, in the context of bilateral negotiations with a third country, proposes to protect a geographical indication of that third country which is homonymous with a geographical indication of the other Party, it shall inform the other Party, which shall be given the opportunity to comment before that geographical indication is protected.


4.   Import, export and marketing of products corresponding to the geographical indications listed in Annex 32-C shall be conducted in compliance with the laws and regulations applying in the territory of the Party in which the products are placed on the market.


5.   Any matter arising from product specifications of protected geographical indications shall be dealt with in the Sub-Committee referred to in Article 32.40.


6.   The geographical indications protected under this Sub-Section may only be cancelled by the Party in which the product originates. A Party shall notify the other Party if a geographical indication listed in Annex 32-C ceases to be protected in its territory. Following such notification, Annex 32-C shall be amended pursuant to Article 32.40(3).


7.   A product specification referred to in this Sub-Section shall be that approved, including any amendments also approved, by the authorities of the Party in the territory in which the product originates.



Article 32.40

Sub-Committee, co-operation and transparency


1.   For the purposes of this Sub-Section, the Sub-Committee referred to in Article 32.66 may recommend to the Joint Council to amend, pursuant to subparagraph (a) of Article 8.5(1):






(a)


Annex 32-A as regards the references to the law applicable in the Parties;










(b)


Annex 32-B as regards the criteria to be included in the opposition procedure; and










(c)


Annex 32-C as regards the geographical indications.






2.   For the purposes of this Sub-Section, the Sub-Committee referred to in Article 32.66 shall be responsible for exchanging information on:






(a)


legislative and policy developments on geographical indications;










(b)


geographical indications for the purpose of considering their protection in accordance with this Sub-Section; and










(c)


any other matter of mutual interest in the area of geographical indications.






3.   Following the notification referred to in Article 32.39(6), the Sub-Committee shall recommend that the Joint Council amend Annex 32-C in accordance with subparagraph (c) of paragraph 1 of this Article to end the protection under this Part of this Agreement.


4.   In the case of a minor change related to the spelling of a listed geographical indication or the reference to the denomination of the geographical area to which it is attributable, a Party shall notify the other Party in the Sub-Committee of such change together with an explanation therefor. The Sub-Committee shall recommend that the Joint Council amend Annex 32-C, pursuant to subparagraph (a) of Article 8.5(6), with such minor change.


5.   The Parties shall, directly or through the Sub-Committee, remain in contact on all matters relating to the implementation and the functioning of this Sub-Section. In particular, a Party may request from the other Party information relating to product specifications and their amendments, as well as to contact points for administrative enforcement.


6.   The Parties may make publicly available the product specifications, or a summary thereof, and contact points for administrative enforcement corresponding to the geographical indications of the other Party protected pursuant to this Sub-Section.



Article 32.41

Other protection


1.   This Sub-Section applies without prejudice to the rights and obligations of the Parties in accordance with the WTO Agreement, or any other multilateral agreement on intellectual property law to which the EU Party and Chile are parties.


2.   This Sub-Section is without prejudice to the right to seek recognition and protection of a geographical indication under the relevant legislation of the Parties.






Sub-Section 5





Patents




Article 32.42

International agreements

Each Party (124) shall comply with the Patent Cooperation Treaty, done at Washington on 19 June 1970, as amended on 28 September 1979, last modified on 3 October 2001.


Article 32.43

Supplementary protection in case of delays in marketing approval for pharmaceutical products


1.   The Parties recognise that pharmaceutical products protected by a patent in their respective territory may be subject to a marketing approval or sanitary permit procedure before being put on the market.


2.   Each Party shall provide for an adequate and effective mechanism which provides an additional term of protection to compensate the patent owner for the reduction of the effective patent protection resulting from unreasonable delays (125) in granting the first marketing approval or sanitary permit in its territory. The additional term of protection shall not exceed five years.


3.   Notwithstanding paragraph 2, a Party may provide for further protection, in accordance with its laws and regulations, for a product which is protected by a patent and which has been subject to a marketing approval or sanitary permit procedure, to compensate the holder of a patent for the reduction of the effective patent protection. The duration of such further protection shall not exceed five years (126).


4.   For greater certainty, in implementing the obligations of this Article, each Party may provide for conditions and limitations, provided that the Party continues to give effect to this Article.


5.   Each Party shall make best efforts to process applications for a marketing approval or sanitary permit for pharmaceutical products in an efficient and timely manner, with a view to avoiding unreasonable or unnecessary delays. With the objective of avoiding unreasonable delays, a Party may adopt or maintain procedures that expedite the processing of applications for a marketing approval or sanitary permit.






Sub-Section 6





Protection of Undisclosed Information




Article 32.44

Scope of protection of trade secrets


1.   In fulfilling its obligation to comply with the TRIPS Agreement, in particular paragraphs 1 and 2 of Article 39, each Party shall provide for appropriate civil judicial procedures and remedies for any trade secret holder to prevent, and obtain redress for, the acquisition, use or disclosure of a trade secret whenever carried out in a manner contrary to honest commercial practices.


2.   For the purposes of this Sub-Section:






(a)


‘trade secret’ means information that:






(i)


is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;










(ii)


has commercial value because it is secret; and










(iii)


has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret;














(b)


‘trade secret holder’ means any natural or juridical person lawfully controlling a trade secret.






3.   For the purposes of this Sub-Section, at least the following conducts shall be considered contrary to honest commercial practices:






(a)


the acquisition of a trade secret without the consent of the trade secret holder, whenever carried out by unauthorised access to, appropriation of, or copying of any documents, objects, materials, substances or electronic files, lawfully under the control of the trade secret holder, containing the trade secret or from which the trade secret can be deduced;










(b)


the use or disclosure of a trade secret whenever carried out, without the consent of the trade secret holder, by a person who is found to meet any of the following conditions:






(i)


having acquired the trade secret in a manner referred to in subparagraph (a);










(ii)


being in breach of a confidentiality agreement or any other duty not to disclose the trade secret; or










(iii)


being in breach of a contractual or any other duty to limit the use of the trade secret;














(c)


the acquisition, use or disclosure of a trade secret whenever carried out by a person who, at the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have known that the trade secret had been obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of subparagraph (b).






4.   Nothing in this Sub-Section shall be understood as requiring either Party to consider any of the following conducts as being contrary to honest commercial practices:






(a)


independent discovery or creation by a person of the relevant information;










(b)


reverse engineering of a product by a person who is lawfully in possession of it and who is free from any legally valid duty to limit the acquisition of the relevant information;










(c)


acquisition, use or disclosure of information required or allowed by the law of that Party; or










(d)


use by employees of their experience and skills honestly acquired in the normal course of their employment.






5.   Nothing in this Sub-Section shall be understood as restricting freedom of expression and information, including media freedom, as protected in each Party.



Article 32.45

Civil judicial procedures and remedies of trade secrets


1.   Each Party shall ensure that any person participating in the civil judicial proceedings referred to in Article 32.44 or who has access to documents that form part of those legal proceedings is not permitted to use or disclose any trade secret or alleged trade secret which the competent judicial authorities have, in response to a duly reasoned application by an interested party, identified as confidential and of which that person became aware as a result of such participation or access.


2.   In the civil judicial proceedings referred to in Article 32.44, each Party shall provide that its judicial authorities have the authority at least to:






(a)


order provisional measures, in accordance with the laws and regulations of a Party, to prevent the acquisition, use or disclosure of the trade secret in a manner contrary to honest commercial practices;










(b)


order an injunction to prevent the acquisition, use or disclosure of the trade secret in a manner contrary to honest commercial practices;










(c)


order the person that knew or ought to have known that they were acquiring, using or disclosing a trade secret in a manner contrary to honest commercial practices to pay the trade secret holder damages that are appropriate to the actual prejudice suffered as a result of such acquisition, use or disclosure of the trade secret;










(d)


take specific measures to preserve the confidentiality of any trade secret or alleged trade secret produced in civil proceedings relating to the alleged acquisition, use and disclosure of a trade secret in a manner contrary to honest commercial practices; such specific measures may include, in accordance with the law of the Party concerned, the possibility of:






(i)


restricting access to certain documents in whole or in part;










(ii)


restricting access to hearings and their corresponding records or transcripts;










(iii)


making available a non-confidential version of the judicial decision in which the passages containing trade secrets have been removed or redacted;














(e)


impose sanctions on parties or any other persons participating in the legal proceedings who fail or refuse to comply with the orders of competent judicial authorities concerning the protection of the trade secret or alleged trade secret.






3.   Each Party shall ensure that its judicial authorities do not have to apply the judicial procedures and remedies referred to in Article 32.44 if the conduct contrary to honest commercial practices is carried out, in accordance with its law, to reveal misconduct, wrongdoing or illegal activity or for the purpose of protecting a legitimate interest recognised by the law of that Party.



Article 32.46

Protection of undisclosed data related to pharmaceutical products


1.   If a Party requires, as a condition for a marketing approval or sanitary permit of a pharmaceutical product which utilises a new chemical entity that has not been previously approved, the submission of an undisclosed test or other data necessary to determine whether the use of that product is safe and effective, that Party shall protect such data against disclosure to third parties if the origination of such data involves considerable effort, except where the disclosure is necessary for an overriding public interest or unless steps are taken to ensure that the data are protected against unfair commercial use.


2.   Each Party shall ensure that, for at least five years from the date of a first marketing approval or sanitary permit in the Party concerned, a pharmaceutical product subsequently authorised on the basis of the results of pre-clinical tests and clinical trials submitted in the application for the first marketing approval or sanitary permit shall not be placed on the market without the explicit consent of the holder of the first marketing approval or sanitary permit.


3.   There shall be no limitation on either Party to implement abbreviated authorisation procedures for pharmaceutical products on the basis of bioequivalence and bioavailability studies.


4.   Each Party may provide for conditions and limitations in implementing the obligations of this Article, provided that the Party continues to give effect to this Article.



Article 32.47

Protection of data related to agrochemical products


1.   If a Party requires, as a condition for granting marketing authorisation for an agrochemical product which utilises a new chemical entity, the submission of tests or study reports concerning the safety and efficacy of that product, that Party shall not grant an authorisation for another agrochemical product on the basis of those tests or study reports without the consent of the person that previously submitted them, for at least ten years following the date of the first marketing authorisation of the agrochemical product.


2.   A Party may limit the protection under this Article to tests or study reports that fulfil the following conditions:






(a)


they are necessary for the authorisation or for the amendment of an authorisation to allow the use of the agrochemical product on other crops; and










(b)


they are certified as compliant with the principles of good laboratory practice or of good experimental practice.






3.   Each Party may establish rules to avoid duplicative testing on vertebrate animals.


4.   Each Party may provide for conditions and limitations in implementing the obligations of this Article, provided that the Party continues to give effect to this Article.






Sub-Section 7





Plant Varieties




Article 32.48

Protection of plant variety rights

The Parties shall protect plant variety rights, in accordance with the International Convention for the Protection of New Varieties of Plants, of 2 December 1961, as lastly revised at Geneva on 19 March 1991 (‘the UPOV Convention’), including the exceptions to the breeder's right as referred to in Article 15 of the UPOV Convention, and shall cooperate to promote and enforce those rights.





SECTION C




Enforcement of Intellectual Property Rights






Sub-Section 1





Civil and Administrative Enforcement




Article 32.49

General obligations


1.   Each Party reaffirms its commitments under the TRIPS Agreement and shall ensure the enforcement of intellectual property rights in accordance with its law and practice. The Parties shall provide for the measures, procedures and remedies provided for under this Sub-Section.


2.   This Section does not apply to the rights covered by Sub-Section 6 of Section B.


3.   A Party shall provide for measures, procedures and remedies that shall be fair and equitable, and shall not be unnecessarily complicated or costly or entail unreasonable time limits or unwarranted delays.


4.   The measures, procedures and remedies referred to in paragraph 3 shall be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and as to provide for safeguards against their abuse.


5.   Nothing in this Section creates any obligation on either Party:






(a)


to put in place a judicial system for the enforcement of intellectual property rights that is distinct from that for the enforcement of law in general; or










(b)


with respect to the distribution of resources as between enforcement of intellectual property rights and the enforcement of law in general.







Article 32.50

Persons entitled to seek application of enforcement measures, procedures and remedies

Each Party shall recognise the following as persons entitled to seek application of the measures, procedures and remedies referred to in this Section and in Part III of the TRIPS Agreement:






(a)


holders of intellectual property rights in accordance with the law of each Party;










(b)


all other persons authorised to use those rights, in particular licensees, in so far as permitted by and in accordance with the law of each Party;










(c)


intellectual property collective rights management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the law of each Party;










(d)


entities (127) which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the law of each Party.






Article 32.51

Evidence


1.   Each Party shall ensure that, even before the commencement of proceedings on the merits of the case, the competent judicial authorities may, upon submission of an application by a party who has presented reasonably available evidence to support their claims that their intellectual property right has been infringed or is about to be infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information under the law of that Party. In ordering provisional measures, the judicial authorities shall take into account the legitimate interests of the alleged infringer.


2.   The provisional measures referred to in paragraph 1 may include a detailed description, with or without the taking of samples, or the physical seizure of the allegedly infringing goods and, in appropriate cases, the materials and implements predominantly used in the production or distribution of those goods and the documents relating thereto.


3.   Each Party shall, in the case of infringement of an intellectual property right committed on a commercial scale, take the measures that are necessary to enable the competent judicial authorities to order, where appropriate, upon application by a party, the communication of banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.



Article 32.52

Right of information


1.   Each Party shall ensure that, during civil proceedings concerning an infringement of an intellectual property right and in response to a justified and proportionate request of the claimant, the competent judicial authorities may order the infringer or any other person to provide information on the origin and distribution networks of the goods or services which infringe an intellectual property right.


2.   For the purposes of paragraph 1, ‘any other person’ means a person who, at least:






(a)


was found in possession of the infringing goods on a commercial scale;










(b)


was found to be using the infringing services on a commercial scale;










(c)


was found to be providing, on a commercial scale, services used in infringing activities; or










(d)


was indicated by the person referred to in this paragraph as being involved in the production, manufacture or distribution of the infringing goods or the provision of the infringing services.






3.   The information referred to in paragraph 1 may, as appropriate, comprise:






(a)


the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers; and










(b)


the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.






4.   This Article shall apply without prejudice to laws of a Party which:






(a)


grant the right holder rights to receive fuller information;










(b)


govern the use, in civil proceedings, of the information communicated pursuant to this Article;










(c)


govern responsibility for misuse of the right of information;










(d)


afford an opportunity for refusing to provide information which would force the person referred to in paragraph 1 to admit their own participation or that of their close relatives in an infringement of an intellectual property right; or










(e)


govern the protection of confidentiality of information sources or the processing of personal data.







Article 32.53

Provisional and precautionary measures


1.   Each Party shall ensure that the judicial authorities may, at the request of the applicant, issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and, where appropriate, subject to a recurring penalty payment if provided for by the law of that Party, the continuation of the alleged infringements of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the right holder. An interlocutory injunction may also be issued, under the same conditions, where appropriate, against a third party (128) over whom the relevant judicial authority exercises jurisdiction and whose services are used to infringe an intellectual property right.


2.   Each Party shall ensure that its judicial authorities may, on request of the applicant, order the seizure or the delivery up (129) of goods suspected of infringing an intellectual property right, so as to prevent their entry into, or movement within, the channels of commerce.


3.   In the case of an alleged infringement committed on a commercial scale, each Party shall ensure that the judicial authorities may order, if the applicant demonstrates circumstances likely to endanger the recovery of damages, the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of their bank accounts and other assets. For that purpose, the competent authorities may order the communication of bank, financial or commercial documents, or appropriate access to the relevant information.



Article 32.54

Remedies


1.   Each Party shall ensure that the judicial authorities have the authority to order, on request of the applicant and without prejudice to any damages due to the right holder by reason of the infringement, and without compensation of any sort, the destruction, or at least the definitive removal from the channels of commerce, of goods that they have found to be infringing an intellectual property right. If appropriate, the judicial authorities may also order the destruction of materials and implements predominantly used in the creation or manufacture of those goods.


2.   The judicial authorities of each Party shall have the authority to order that those measures be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.


3.   In considering a request for remedies, the need for proportionality between the seriousness of the infringement and the remedies ordered, as well as the interests of third parties, shall be taken into account.



Article 32.55

Injunctions

Each Party shall ensure that, where a judicial decision is taken finding an infringement of an intellectual property right, the judicial authorities may issue against the infringer and, if appropriate, against a third party (130) over whom the relevant judicial authority exercises jurisdiction and whose services are used to infringe an intellectual property right, an injunction aimed at prohibiting the continuation of the infringement.


Article 32.56

Alternative measures

Each Party may provide that the judicial authorities, in appropriate cases and on request of the person liable to be subject to the measures provided for in Article 32.54 or 32.55, may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in Article 32.54 or 32.55 if that person acted unintentionally and without negligence, if execution of the measures in question would cause that person disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory.


Article 32.57

Damages


1.   Each Party shall ensure that the judicial authorities, on application of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the right holder damages adequate to compensate for the injury that the right holder has suffered as a result of the infringement.


2.   In determining the amount of damages under paragraph 1, the judicial authorities of each Party shall have the authority to consider, inter alia, any legitimate measure of value that the right holder submits, which may include lost profits, the value of the infringed goods or services measured by the market price, or the suggested retail price (131). At least in cases of infringement of copyright or related rights and trademark counterfeiting, each Party shall provide that, in civil judicial proceedings, its judicial authorities have the authority to order the infringer to pay the right holder the part of the infringer's profits that is attributable to the infringement, whether as an alternative to, in addition to or as part of the damages.


3.   As an alternative to paragraph 2, each Party may provide that its judicial authorities have the authority, in appropriate cases, to set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.


4.   Nothing in this Article precludes either Party from providing that if the infringer did not knowingly, or with reasonable grounds to know, engage in an infringing activity, its judicial authorities may order, in favour of the injured party, the recovery of profits or the payment of damages, which may be pre-established.



Article 32.58

Legal costs

Each Party shall provide that its judicial authorities, where appropriate, have the authority to order, at the conclusion of civil judicial proceedings concerning the enforcement of intellectual property rights, that the prevailing party be awarded the payment by the losing party of legal costs and other expenses, as provided for under the law of the Party concerned.


Article 32.59

Publication of judicial decisions

Each Party shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, on request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part.


Article 32.60

Presumption of authorship or ownership

The Parties shall recognise that for the purposes of applying the measures, procedures and remedies provided for in this Section:






(a)


for the author of a literary or artistic work to be regarded as such, and consequently to be entitled to institute infringement proceedings, it shall be sufficient, in the absence of proof to the contrary, for the name of the author to appear on the work in the usual manner; and










(b)


subparagraph (a) shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter.






Article 32.61

Administrative procedures

To the extent that any civil remedy can be ordered as a result of administrative procedures on the merits of a case, such procedures shall conform to principles that are equivalent in substance to those provided for in the relevant provisions of this Sub-Section.





Sub-Section 2





Border Enforcement




Article 32.62

Border measures


1.   With respect to goods under customs control, each Party shall adopt or maintain procedures under which a right holder may submit applications requesting competent authorities to suspend the release of, or to detain, suspected goods. For the purposes of this Sub-Section, ‘suspected goods’ means goods suspected of infringing trademarks, copyrights and related rights, geographical indications, patents, utility models, industrial designs or topographies of integrated circuits.


2.   Each Party shall have in place electronic systems for the management by competent authorities of the applications granted or recorded.


3.   Each Party shall ensure that its competent authorities do not charge a fee to cover the administrative costs resulting from the processing of an application or a recordation.


4.   Each Party shall ensure that its competent authorities decide on the granting or recording of an application within a reasonable period of time.


5.   Each Party shall ensure that the granted or recorded application applies to multiple shipments.


6.   With respect to goods under customs control, each Party shall ensure that its customs authorities may act upon their own initiative to suspend the release of, or to detain, goods suspected of infringing trademarks or copyright.


7.   Customs authorities shall use risk analysis to identify suspected goods. Each Party shall implement this paragraph in accordance with its law.


8.   Each Party may have in place procedures allowing for the destruction of suspected goods without the need for prior administrative or judicial proceedings for the formal determination of the infringements in cases where the persons concerned agree to or do not oppose such destruction. If such goods are not destroyed, each Party shall ensure that, except in exceptional circumstances, such goods are disposed of outside the commercial channels in such a manner as to avoid any harm to the right holder.


9.   Each Party may have in place procedures allowing for the swift destruction of counterfeit trademark and pirated goods that are sent through postal or express courier consignments.


10.   A Party may decide not to apply this Article to the import of goods that are put on the market of a third country by, or with the consent of, the right holders. A Party may also decide not to apply this Article to goods of a non-commercial nature contained in travellers' personal luggage.


11.   The customs authorities of the Parties shall maintain a regular dialogue and promote cooperation with the relevant stakeholders and with other authorities involved in the enforcement of intellectual property rights.


12.   The Parties shall cooperate in respect of international trade in suspected goods. In particular, the Parties shall share, as far as possible, information on trade in suspected goods affecting the other Party.


13.   Without prejudice to other forms of cooperation, the Protocol to this Agreement on Mutual Administrative Assistance in Customs Matters applies to breaches of legislation on intellectual property rights for the enforcement of which the customs authorities of a Party are competent in accordance with this Article.



Article 32.63

Consistency with GATT and TRIPS Agreement

In implementing border measures for the enforcement of intellectual property rights by its customs authorities, whether or not covered by this Sub-Section, each Party shall ensure consistency with its obligations under GATT 1994 and the TRIPS Agreement and, in particular, with Article V of GATT 1994 and Article 41 and Section 4 of Part III of the TRIPS Agreement.





SECTION D




Final Provisions




Article 32.64

Cooperation


1.   The Parties shall cooperate with a view to supporting the implementation of the commitments and obligations undertaken pursuant to this Chapter.


2.   The areas of cooperation on intellectual property rights protection and enforcement matters may include the following activities:






(a)


exchange of information on the legal framework concerning intellectual property rights and relevant rules of protection and enforcement;










(b)


exchange of experience between the Parties on legislative progress;










(c)


exchange of experience between the Parties on the enforcement of intellectual property rights;










(d)


exchange of experience between the Parties on enforcement at central and sub-central level by customs authorities, police, administrative and judiciary authorities;










(e)


coordination to prevent exports of counterfeit goods, including with third countries;










(f)


technical assistance, capacity building, and exchange and training of personnel;










(g)


the protection and defence of intellectual property rights and the dissemination of information in that regard in, inter alia, business circles and civil society;










(h)


public awareness of consumers and right holders, as well as enhancement of institutional cooperation, in particular between their intellectual property offices;










(i)


active promotion of awareness and education of the general public on policies concerning intellectual property rights;










(j)


public-private collaboration engaging SMEs, including at SME-focused events or gatherings, with regard to the protection and enforcement of intellectual property rights and the reduction of their infringement; and










(k)


formulation of effective strategies to identify audiences and communication programmes to increase consumer and media awareness on the impact of infringement of intellectual property rights, including the risk to health and safety and the connection to organised crime.






3.   Each Party may make publicly available the product specifications, or a summary of those specifications, and relevant contact points for control or management of the geographical indications of the other Party as protected pursuant to Sub-Section 4 of Section B.


4.   The Parties shall, directly or through the Sub-Committee referred to in Article 32.66, maintain contact on all matters related to the implementation and functioning of this Chapter.



Article 32.65

Voluntary stakeholder initiatives

Each Party shall endeavour to facilitate voluntary stakeholder initiatives to reduce intellectual property rights infringements, including online and in other marketplaces, focusing on concrete problems and seeking practical solutions that are realistic, balanced, proportionate and fair for all concerned, including in the following ways:






(a)


each Party shall endeavour to convene stakeholders consensually in its territory to facilitate voluntary initiatives to find solutions and resolve differences regarding the protection and enforcement of intellectual property rights and reducing infringement;










(b)


each Party shall endeavour to exchange information with the other Party regarding efforts to facilitate voluntary stakeholder initiatives in its territory; and










(c)


the Parties shall endeavour to promote open dialogue and cooperation among the Parties' stakeholders, and to encourage the Parties' stakeholders to jointly find solutions and resolve differences regarding the protection and enforcement of intellectual property rights and reducing their infringement.






Article 32.66

Sub-Committee on Intellectual Property

The Sub-Committee on Intellectual Property (‘Sub-Committee’), established pursuant to Article 8.8(1), shall monitor and ensure proper implementation and functioning of this Chapter and Annexes 32-A, 32-B and 32-C. The Sub-Committee shall also perform specific tasks attributed to it in this Chapter, including in Article 32.40.





CHAPTER 33



TRADE AND SUSTAINABLE DEVELOPMENT




SECTION A




Common Provisions




Article 33.1

Objectives


1.   The Parties recall the Agenda 21 on Environment and Development, adopted at the UN Conference on Environment and Development held in Rio de Janeiro, on 3 to 14 June 1992, the Johannesburg Plan of Implementation of the World Summit on Sustainable Development of 2002, the International Labour Organization (‘ILO’) Declaration on Social Justice for a Fair Globalization, adopted by the International Labour Conference at its 97th Session, held in Geneva on 10 June 2008 (the ‘ILO Declaration on Social and Justice for a Fair Globalization’), the Outcome Document of the UN Conference on Sustainable Development of 2012 entitled ‘The Future We Want’ and the 2030 Agenda, and its Sustainable Development Goals.


2.   The Parties recognise that sustainable development encompasses economic development, social development and environmental protection, all three being interdependent and mutually reinforcing for the welfare of present and future generations.


3.   In light of the above, the objective of this Chapter is to enhance the trade and investment relationship between the Parties in a way that contributes to sustainable development, in particular its labour (132) and environmental dimensions that are relevant to trade and investment.


4.   This Chapter embodies a cooperative approach based on common values and interests.



Article 33.2

Right to regulate and levels of protection


1.   The Parties recognise the right of each Party to determine its sustainable development policies and priorities, in particular to establish its own levels of domestic labour and environmental protection and its own labour and environmental priorities, and to adopt or modify its law and policies related to labour and environment accordingly.


2.   The levels of protection, law and policies referred to in paragraph 1 shall be consistent with each Party's commitment to the multilateral environmental agreements (‘MEAs’) and multilateral labour standards and agreements, as referred to in this Chapter, to which it is party.


3.   Each Party shall strive to ensure that its environmental and labour laws, regulations and policies provide for and encourage a high level of environmental and labour protection, and shall strive to continue improving its levels of environmental and labour protection provided in its laws, regulations and policies.


4.   A Party shall not weaken or reduce the levels of protection afforded in its environmental and labour laws and regulations in order to encourage trade or investment.


5.   A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its environmental and labour laws and regulations in a manner that weakens or reduces the levels of protection afforded in those laws and regulations in order to encourage trade or investment.


6.   A Party shall not, through a sustained or recurring course of action or inaction, fail to effectively enforce its environmental and labour laws and regulations in a manner affecting trade or investment.


7.   Each Party retains the right to exercise reasonable discretion and to make bona fide decisions with regard to the allocation of enforcement resources in accordance with priorities for the enforcement of its environmental and labour laws and regulations.


8.   A Party shall not apply its environmental and labour laws and regulations in a manner which would constitute a disguised restriction on trade or investment.



Article 33.3

Trade and responsible business conduct and management of supply chains


1.   The Parties recognise the importance of responsible management of supply chains through responsible business conduct or corporate social responsibility practices, and the role of trade in pursuing that objective.


2.   In accordance with paragraph 1, each Party shall:






(a)


promote responsible business conduct or corporate social responsibility by encouraging the uptake by businesses of relevant practices that are consistent with internationally recognised principles, standards and guidelines, including sectorial guidelines of due diligence, that have been endorsed or are supported by that Party; and










(b)


support the dissemination and use of relevant international instruments that have been endorsed or are supported by that Party, such as the OECD Guidelines for Multinational Enterprises, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, adopted in Geneva in November 1977 (the ‘ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy’), the UN Global Compact and the UN Guiding Principles on Business and Human Rights endorsed by the Human Rights Council in its Resolution 17/4 of 16 June 2011.






3.   The Parties recognise the utility of international sector-specific guidelines in the area of corporate social responsibility or responsible business conduct and shall promote joint work in that regard. The Parties shall also implement measures to promote the adherence to OECD Due Diligence Guidelines.


4.   The Parties recognise the importance of promoting trade in goods that contribute to enhanced social conditions and environmentally sound practices, such as environmental goods and services contributing to a resource-efficient, low-carbon economy, goods whose production is not linked to deforestation and goods that are the subject of voluntary sustainability assurance schemes and mechanisms.


5.   The Parties shall exchange information as well as best practices and, as appropriate, cooperate bilaterally, regionally and in international fora on issues covered by this Article.



Article 33.4

Scientific and technical information


1.   When establishing or implementing measures aimed at protecting the environment or labour conditions that may affect trade or investment between the Parties, each Party shall take into account available scientific and technical evidence, preferably from recognised technical and scientific bodies, as well as relevant international standards, guidelines or recommendations, where they exist.


2.   If scientific evidence or information is insufficient or inconclusive and there is a risk of serious environmental degradation or a risk to occupational health and safety in its territory, a Party may adopt measures based on the precautionary principle. Such measures shall be subject to review if new or additional scientific information becomes available.


3.   If a measure adopted in accordance with paragraph 2 has an impact on trade or investment between the Parties, a Party may request the Party that adopted the measure to provide information indicating that the measure is consistent with its own levels of protection, and may request discussion of the matter in the Sub-Committee on Trade and Sustainable Development.


4.   Such measures shall not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade or investment.



Article 33.5

Transparency and good regulatory practices

The Parties recognise the importance of the application of the rules on transparency and good regulatory practices in accordance with Chapters 35 and 36, in particular the rules providing opportunities for interested persons to submit views in respect of:






(a)


measures aimed at protecting the environment and labour conditions that may affect trade or investment; and










(b)


trade or investment measures that may affect the protection of the environment or labour conditions.






Article 33.6

Public awareness, information, participation and procedural guarantees


1.   Each Party shall promote public awareness of its labour and environmental laws and regulations, including by ensuring that its labour and environmental laws and regulations and its enforcement and compliance procedures are publicly available.


2.   Each Party shall seek to accommodate requests for information from any person regarding the Party's implementation of this Chapter.


3.   Each Party shall make use of the mechanisms referred to in Articles 40.5, 40.6 and 40.7 to seek views on matters related to the implementation of this Chapter.


4.   Each Party shall provide for the receipt of, and give due consideration to, communications and opinions by way of written submissions from a person of that Party on matters related to the implementation of this Chapter in accordance with its domestic procedures. A Party shall respond in writing and in a timely manner to such submissions. It may notify such communications and opinions to its Domestic Consultative Group established pursuant to Article 40.6 and the contact point of the other Party designated pursuant to Article 33.19(6).


5.   Each Party shall, in accordance with its law, ensure that access to administrative or judicial procedures is available to persons with a legally recognised interest in a particular matter or who claim that their right has been infringed, in order to permit action against infringements of its environmental or labour law, including appropriate remedies for violations of such law.


6.   Each Party shall, in accordance with its law, ensure that the procedures referred to in paragraph 5 comply with due process, are not prohibitively costly, do not entail unreasonable time limits or unwarranted delays, provide the possibility to order an injunction if appropriate, and are fair, equitable and transparent.



Article 33.7

Cooperation activities


1.   The Parties recognise the importance of cooperation activities on trade-related aspects of environmental and labour policies in order to achieve the objectives of this Agreement and implement this Chapter.


2.   Cooperation activities can be developed and implemented with the participation of international and regional organisations as well as with third countries, businesses, employers' and workers' organisations, education and research organisations and other non-governmental organisations, as appropriate.


3.   Cooperation activities shall be carried out on issues and topics agreed upon by the Parties to address matters of common interest.


4.   The Parties may cooperate on issues as provided for in this Chapter as well as, inter alia:






(a)


labour and environmental aspects of trade and sustainable development in international fora, including in particular the WTO, the UN High-level Political Forum on Sustainable Development, the UN Environment Programme (‘UNEP’), the ILO and MEAs;










(b)


the impact of labour and environmental laws and standards on trade and investment;










(c)


the impact of trade and investment law on labour and the environment; and










(d)


trade-related aspects of:






(i)


initiatives on sustainable consumption and production, including those aimed at promoting a circular economy and green growth and pollution abatement; and










(ii)


initiatives to promote environmental goods and services, including by addressing related non-tariff barriers.










5.   The priorities for cooperation activities shall be decided jointly by the Parties on the basis of areas of mutual interest and available resources.


6.   The Parties may carry out activities in the cooperation areas set out in this Chapter in person or by any technological means available to the Parties.





SECTION B




Environment and Trade




Article 33.8

Objectives


1.   The Parties aim to promote mutually supportive trade and environmental policies, high levels of environmental protection in line with MEAs to which they are party, respectively, and effective enforcement of their respective environmental laws and regulations, and to enhance their capacity to address trade-related environmental issues, including through cooperation.


2.   The Parties recognise that enhanced cooperation to protect and conserve the environment and sustainably manage their natural resources has benefits that can contribute to sustainable development, strengthen their environmental governance and complement the objectives of this Agreement.


3.   The Parties recognise the importance of mutually supportive trade and environmental policies and practices to improve environmental protection in promoting sustainable development.



Article 33.9

Multilateral environmental governance and agreements


1.   The Parties recognise the importance of the UN Environment Assembly of the UNEP. The Parties recognise the critical role of MEAs in addressing global, regional and domestic environmental challenges. The Parties further recognise the need to enhance mutual supportiveness between trade and environmental policies. Accordingly, each Party shall effectively implement MEAs, including their protocols, to which it is party.


2.   The Parties recognise the right of each Party to adopt or maintain measures to further the objectives of MEAs to which it is party.


3.   The Parties shall engage in dialogue and cooperate, as appropriate, on trade and environmental issues of mutual interest, in particular with respect to MEAs. This shall include regular exchanges of information on the initiatives of each Party regarding the ratifications of MEAs, including their protocols and amendments.



Article 33.10

Trade and climate change


1.   The Parties recognise the importance of MEAs in the area of climate change, in particular the need to achieve the objective of the UNFCCC, and the purpose and goals of the Paris Agreement, in order to address the urgent threat of climate change. Accordingly, the Parties recognise the role of trade in achieving the goal of sustainable development and addressing climate change, as well as the importance of individual and collective efforts to address climate change impacts through mitigation and adaptation actions.


2.   In accordance with paragraph 1, each Party shall:






(a)


effectively implement the UNFCCC and the Paris Agreement, including its commitments with regard to its nationally determined contributions;










(b)


promote the positive contribution of trade to the transition to a low greenhouse gas emission and circular economy and to climate-resilient development, including actions on climate change mitigation and adaptation; and










(c)


facilitate and promote trade and investment in goods and services of particular relevance for climate change mitigation and adaptation, for sustainable renewable energy and for energy efficiency, in a manner consistent with other provisions of this Agreement.






3.   In accordance with Article 33.7, the Parties shall cooperate, as appropriate, on trade-related aspects of climate change, bilaterally, regionally and in international fora, including in the UNFCCC, the WTO and the Montreal Protocol on Substances that Deplete the Ozone Layer, concluded at Montreal on 16 September 1987 (‘Montreal Protocol’). Furthermore, the Parties may cooperate, as appropriate, on those issues also in the International Maritime Organization.


4.   In accordance with paragraph 1, the Parties shall cooperate in areas such as:






(a)


exchanging knowledge and experience regarding the implementation of the Paris Agreement, as well as on initiatives to promote climate resilience, renewable energy, low emission technologies, energy efficiency, carbon pricing, sustainable transport, sustainable and climate-resilient infrastructure development, emissions monitoring, and nature-based solutions; as well as exploring options to cooperate in areas such as short-life climate pollutants and soil carbon sequestration; and










(b)


exchanging knowledge and experience regarding an ambitious phase-out of ozone depleting substances and the phase-down of hydrofluorocarbons under the Montreal Protocol through measures to control their production, consumption and trade, the introduction of environmentally friendly alternatives to those ozone depleting substances and hydrofluorocarbons, updating of safety and other relevant standards, and combating the illegal trade of substances regulated by the Montreal Protocol, as appropriate.







Article 33.11

Trade and forests


1.   The Parties recognise the importance of sustainable forest management, and the role of trade in pursuing that objective.


2.   In accordance with paragraph 1, each Party shall:






(a)


implement measures to combat illegal logging and related trade, including through cooperation activities with third countries, as appropriate;










(b)


encourage the conservation and sustainable management of forests;










(c)


promote trade and consumption of timber and timber products which are legally obtained from sustainably managed forests; and










(d)


exchange information and, as appropriate, cooperate with the other Party on trade-related initiatives on combating illegal logging, sustainable forest management, deforestation and forest degradation, forest governance and on the conservation of forest cover to maximise the impact and mutual supportiveness of their respective policies of common interest.






3.   Recognising that forests and their sustainable management have a key role in combating climate change and maintaining biodiversity, each Party shall promote initiatives addressing deforestation, including through deforestation-free supply chains. Additionally, the Parties shall cooperate, as appropriate and in accordance with Article 33.7, bilaterally, regionally and in relevant international fora, to minimise deforestation and forest degradation worldwide.



Article 33.12

Trade and wild flora and fauna


1.   The Parties recognise the importance of ensuring that international trade of wild fauna and flora does not threaten their survival, as set out in the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington D.C. on 3 March 1973 (‘CITES’).


2.   In accordance with paragraph 1, each Party shall:






(a)


implement effective measures to combat illegal trade in wild flora and fauna, including through cooperation activities with third countries, as appropriate; and










(b)


promote the long-term conservation and sustainable use of the species listed in the Appendices to CITES, including by cooperating in the relevant CITES bodies to keep the Appendices to CITES up-to-date and by promoting the inclusion of species considered to be at risk because of international trade and other criteria established under CITES.






3.   In accordance with Article 33.7, the Parties may, as appropriate, cooperate or exchange information bilaterally, regionally and in international fora on issues of mutual interest related to tackling illegal trade in wild flora and fauna, including through raising awareness to reduce demand for illegal wildlife products and initiatives to enhance cooperation on information sharing and enforcement.



Article 33.13

Trade and biological diversity


1.   The Parties recognise the importance of conserving and sustainably using biological diversity, and the role of trade in pursuing those objectives, consistent with the Convention on Biological Diversity, done at Rio de Janeiro on 5 June 1992, other relevant MEAs to which they are party, and the decisions adopted thereunder.


2.   In accordance with paragraph 1, each Party shall take measures to conserve biological diversity when it is subject to pressures linked to trade and investment, including through the exchange of information and experience, and measures to prevent the spread of invasive alien species, recognising that the movement of terrestrial and aquatic invasive alien species across borders through trade-related pathways can adversely affect the environment, economic activities and development, and human health.


3.   The Parties recognise the importance of respecting, preserving and maintaining knowledge and practices of indigenous and local communities embodying traditional lifestyles that contribute to the conservation and sustainable use of biological diversity, and the role of trade therein.


4.   The Parties recognise the importance of facilitating access to genetic resources and of promoting the fair and equitable sharing of benefits arising from the use of genetic resources, in accordance with their respective domestic measures and each Party's international obligations.


5.   The Parties also recognise the importance of public participation and consultation, in accordance with their respective law or policy, in the development and implementation of measures concerning the conservation and sustainable use of biological diversity.


6.   In accordance with Article 33.7, the Parties may, as appropriate, promote, cooperate or exchange information bilaterally, regionally and in international fora, on trade-related aspects of biological diversity policies and measures of mutual interest, such as:






(a)


initiatives and good practices concerning trade in natural resource-based products obtained through a sustainable use of biological resources and which contribute to the conservation of biodiversity;










(b)


the conservation and sustainable use of biological diversity, and the protection, restoration and valuation of ecosystems and their services and related economic instruments; and










(c)


access to genetic resources and the fair and equitable sharing of benefits from their utilisation.







Article 33.14

Trade and sustainable management of fisheries and aquaculture


1.   The Parties recognise the importance of conserving and sustainably managing marine biological resources and marine ecosystems, and the role of trade in pursuing those objectives.


2.   While developing and implementing conservation and management measures, the Parties shall take into consideration social, trade, development and environmental concerns and the importance of artisanal or small-scale fisheries to the livelihoods of local fishing communities.


3.   The Parties acknowledge that illegal, unreported and unregulated (IUU) fishing (133) can have significant negative impacts on fish stocks, on the sustainability of trade in fisheries products, and on development and the environment, and confirm the need for action to address the problems of overfishing and unsustainable utilisation of fisheries resources.


4.   In accordance with paragraphs 1, 2 and 3 of this Article, each Party shall:






(a)


implement and act in accordance with the principles of the UN Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, the UN Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, adopted in New York, on 4 August 1995, the Food and Agriculture Organization of the UN (‘FAO’), the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted in Rome on 24 November 1993, the FAO Code of Conduct for Responsible Fisheries, adopted in Resolution 4/95 on 31 October 1995, and the FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done in Rome on 22 November 2009;










(b)


participate in the FAO's initiative on the Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels;










(c)


seek to operate a fisheries management system based on the best available scientific evidence and on internationally recognised best practices for fisheries management and conservation, as reflected in the relevant provisions of international instruments aimed at ensuring the sustainable use and conservation of marine species (134), and designed, inter alia, to:






(i)


prevent overfishing and overcapacity;










(ii)


reduce bycatch of non-target species;










(iii)


promote the recovery of overfished stocks for all marine fisheries; and










(iv)


promote fisheries management with an ecosystem approach, including through cooperation among the Parties;














(d)


in support of efforts to combat IUU fishing practices and to help deter trade in products from species harvested from those practices:






(i)


implement effective measures to combat IUU fishing;










(ii)


ensure the use of monitoring, control, surveillance, compliance and enforcement systems, to:






(A)


prevent and deter, in accordance with its international obligations and its law, vessels that are flying its flag and its natural persons from engaging in IUU fishing activities; and










(B)


address the transhipment at sea of fish or fish products to deter and avoid IUU fishing activities;














(iii)


implement port state measures; and










(iv)


implement measures to prevent IUU fishing and fish products from entering in each Party's supply chains and cooperate to that end, including by facilitating the exchange of information;














(e)


participate actively in the work of the regional fisheries management organisations (‘RFMOs’) of which it is a member, observer, or to which it is cooperating non-contracting party, with the aim of achieving good fisheries governance and sustainable fisheries, such as through the promotion of scientific research and the adoption of conservation measures based on best scientific evidence available, the strengthening of compliance mechanisms, the undertaking of periodical performance reviews and the adoption of effective control, monitoring and enforcement of the RFMOs' management measures and, where applicable, the adoption and implementation of catch documentation or certification schemes and port state measures;










(f)


strive to act in accordance with relevant conservation and management measures adopted by RFMOs of which it is not a member so as not to undermine those measures and endeavour not to undermine catch or trade documentation schemes operated by RFMOs or arrangements of which it is not a member; and










(g)


promote the development of sustainable and responsible aquaculture, taking into account its economic, social and environmental aspects, according to the implementation of the objectives and principles contained in the FAO Code of Conduct for Responsible Fisheries.






5.   The Parties shall cooperate, as appropriate and in accordance with Article 33.7, bilaterally and within RFMOs with the aim of promoting sustainable fishing practices and trade in fish products from sustainably managed fisheries. Additionally, the Parties may cooperate to exchange knowledge and good practices to support the implementation of this Article.





SECTION C




Labour and Trade




Article 33.15

Objectives


1.   The Parties recognise that trade and investment provides opportunities for job creation and decent work, including for young people, with terms and conditions of employment that adhere to the principles laid down in the ILO Declaration on Fundamental Principles and Rights at Work, adopted by the International Labour Conference in Geneva on 18 June 1998 and as amended in 2022 (the ‘ILO Declaration on Fundamental Principles and Rights at Work’) and the ILO Declaration on Social Justice for a Fair Globalization, adopted on 10 June 2008 and as amended in 2022 (the ‘ILO Declaration on Social Justice for a Fair Globalization’).


2.   The Parties aim to ensure high levels of labour protection in line with the international labour standards to which they adhere and to promote mutually supportive trade and labour policies with a view to improving the working conditions and quality of work life of employees. They will strive to improve the development and management of human capital for enhanced employability, business excellence, and greater productivity for the benefit of both workers and enterprise. Accordingly, the Parties endeavour to provide opportunities for young people to develop the necessary skills to successfully access and remain in the labour market.


3.   The Parties aim to cooperate on trade-related labour issues of mutual interest in order to strengthen the broader relationship between the Parties.



Article 33.16

Multilateral labour standards and agreements


1.   The Parties affirm their commitment to promote the development of international trade in a way that is conducive to decent work for all, in particular women, young people and persons with disabilities, in line with their respective obligations under the ILO, including those stated in the ILO Declaration on Fundamental Principles and Rights at Work and the ILO Declaration on Social Justice for a Fair Globalization.


2.   Recalling the ILO Declaration on Social Justice for a Fair Globalization, the Parties note that the violation of fundamental principles and rights at work cannot be invoked or otherwise used as a legitimate comparative advantage and that labour standards should not be used for protectionist trade purposes.


3.   Each Party shall effectively implement the ILO Conventions ratified by Member States and Chile respectively.


4.   In accordance with the Constitution of the ILO, adopted as Part XIII of the Treaty of Versailles, signed on 28 June 1919, and the ILO Declaration on Fundamental Principles and Rights at Work, each Party shall respect, promote and effectively implement the internationally recognised core labour standards, as defined in the fundamental ILO Conventions, which are:






(a)


freedom of association and the effective recognition of the right to collective bargaining;










(b)


the elimination of all forms of forced or compulsory labour;










(c)


the effective abolition of child labour including the prohibition on the worst forms of child labour;










(d)


the elimination of discrimination in respect of employment and occupation; and










(e)


a safe and healthy working environment.






5.   The Parties shall regularly exchange information on their respective progress with regard to the ratification of ILO Conventions or protocols that are classified as up to date by the ILO and to which they are not yet party.


6.   Each Party shall promote the ILO Decent Work Agenda as set out in the ILO Declaration on Social Justice for a Fair Globalization, in particular with regard to:






(a)


decent working conditions for all, with regard to, inter alia, wages and earnings, working hours, other conditions of work and social protection; and










(b)


social dialogue on labour matters among workers and employers and their respective organisations, and with relevant governmental authorities.






7.   In accordance with its commitments under the ILO, each Party shall:






(a)


adopt and implement measures and policies regarding occupational safety and health; and










(b)


maintain a labour inspection system in accordance with the relevant ILO standards on labour inspection.







Article 33.17

Forced or compulsory labour


1.   Recalling that the elimination of forced labour is among the objectives of the Agenda 2030, the Parties underline the importance of the ratification and the effective implementation of the Protocol of 2014 to the Forced Labour Convention 1930, adopted at Geneva on 11 June 2014.


2.   The Parties recognise the goal of eliminating all forms of forced or compulsory labour, including forced or compulsory child labour.


3.   Consequently, the Parties shall identify opportunities for cooperation, sharing information, experiences and good practices related to the elimination of all forms of forced or compulsory labour.



Article 33.18

Cooperation on trade and labour issues

In accordance with Article 33.7, the Parties shall consult and cooperate, as appropriate, bilaterally and in the context of the ILO, on trade-related labour issues of mutual interest, including, but not limited to:






(a)


job creation and the promotion of productive, high-quality employment, including policies to generate job-rich growth and promote sustainable enterprises and entrepreneurship;










(b)


promotion of improvements in business and labour productivity, in particular in respect of small and medium-sized enterprises;










(c)


human capital development, access to labour market and the enhancement of employability, in particular of young people, including through lifelong learning and vocational training, continuous education, training and the development and upgrading of skills, including in emerging and environmental industries;










(d)


work-life balance and innovative workplace practices to enhance workers' well-being;










(e)


promotion of the awareness of the ILO Decent Work Agenda, including on the inter-linkages between trade and full and productive employment, labour market adjustment, core labour standards, decent work in global supply chains, social protection and social inclusion, social dialogue and gender equality;










(f)


promotion of decent quality jobs through trade, including the safety and health at work of pregnant workers and workers who have recently given birth;










(g)


occupational safety and health and labour inspection, for example, improving compliance and enforcement mechanisms;










(h)


addressing the challenges and opportunities of a diverse, multigenerational workforce, including through the:






(i)


promotion of equality and elimination of discrimination in respect of employment and occupation; and










(ii)


protection of vulnerable workers;














(i)


improving labour relations, for example, through the exchange of best practices in alternative dispute resolution and tripartite consultation;










(j)


the implementation of fundamental, priority and other up-to-date ILO Conventions, as well as the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, and the UN Guiding Principles on Business and Human Rights; and










(k)


labour statistics.








SECTION D




Institutional Arrangements




Article 33.19

Sub-Committee on Trade and Sustainable Development and contact points


1.   The Sub-Committee on Trade and Sustainable Development (‘Sub-Committee’), established pursuant to Article 8.8(1), shall be composed, for Chile, of officials from the institutions responsible for trade, labour, environment and gender issues.


2.   The Sub-Committee shall have specific sessions for environmental and labour matters (135), respectively, as well as for cross-cutting issues related to trade and sustainable development.


3.   The functions of the Sub-Committee shall be to:






(a)


facilitate, monitor and review the implementation of this Chapter;










(b)


determine, organise, oversee and assess the cooperation activities laid down in this Chapter, including exchange of information and experience on areas of mutual interest;










(c)


report and make recommendations to the Joint Committee on any matter related to this Chapter, including with regard to topics for discussion with the civil society mechanisms referred to in Article 40.5;










(d)


carry out the tasks referred to in Articles 33.21 and 33.22;










(e)


coordinate with other Sub-Committees established under this Part of this Agreement, as appropriate, including as regards the efforts to integrate gender-related issues, considerations and activities in their work as referred to in Article 34.4(8); and










(f)


carry out any other functions as the Parties may agree.






4.   The Sub-Committee, as mutually agreed, may consult or seek the advice of relevant stakeholders or experts on matters relating to the implementation of this Chapter.


5.   The Sub-Committee shall, by consensus, prepare a report on each meeting and shall publish it after the meeting.


6.   Each Party shall designate a contact point within its administration to facilitate communication and coordination between the Parties on any matter relating to the implementation of this Chapter. For Chile, specific contact points for labour, environmental and gender matters shall be a representative of the Under-Secretariat of International Economic Relations of the Ministry of Foreign Affairs or its successor. Each Party shall promptly notify the other Party of its contact points and provide their contact information.


7.   The contact points shall:






(a)


facilitate regular communication and coordination between the Parties;










(b)


notwithstanding Article 8.7 (2), assist the Sub-Committee including by establishing the agenda and conducting all other necessary preparations for the meetings of the Sub-Committee.










(c)


communicate with their respective civil society, as appropriate; and










(d)


work together, including with other appropriate bodies of their administrations, to develop and implement cooperation activities.







Article 33.20

Dispute resolution


1.   The Parties shall make all possible efforts through dialogue, exchange of information and cooperation to address any disagreement between the Parties regarding the interpretation or application of this Chapter.


2.   In the event of a disagreement between the Parties regarding the interpretation or application of this Chapter, the Parties shall have recourse exclusively to the dispute resolution procedures established pursuant to Articles 33.21 and 33.22.



Article 33.21

Consultations


1.   A Party (‘the requesting Party’) may, at any time, request consultations with the other Party (‘the responding Party’) about any matter arising with regard to the interpretation or application of this Chapter by delivering a written request to the contact point of the responding Party. The request shall set out the reasons for requesting consultations, including a sufficiently specific description of the matter at issue and the provisions of this Chapter that it considers applicable.


2.   The responding Party shall, unless agreed otherwise with the requesting Party, reply in writing no later than 10 days after the date of receipt of the request.


3.   The Parties shall begin consultations no later than 30 days after the date of receipt of the request by the responding Party, unless the Parties agree otherwise.


4.   The consultations may be held in person or by any technological means available to the Parties. If consultations are held in person, they shall be held in the territory of the responding Party, unless the Parties agree otherwise.


5.   In the consultations the Parties shall:






(a)


provide sufficient information to enable a full examination of the matter; and










(b)


treat any information exchanged in the course of the consultations confidentially.






6.   The Parties shall enter into consultations with the aim of reaching a mutually satisfactory resolution of the matter, taking into account opportunities for cooperation related to the matter. In respect of matters related to the multilateral agreements referred to in this Chapter, the Parties shall consider information from the ILO or relevant bodies established under those agreements. Where relevant, the Parties may agree to seek advice from such organisations or bodies, or any other expert or body they deem appropriate to assist them in the consultations.


7.   If the Parties are unable to resolve the matter within 60 days of the delivery of the written request for consultations pursuant to paragraph 1, each Party may, by delivering a written request to the contact point of the other Party, request that the Sub-Committee be convened to consider the matter. The Sub-Committee shall convene promptly and endeavour to agree on a resolution of the matter.


8.   Each Party or the Sub-Committee convened pursuant to paragraph 7 of this Article may, if appropriate, seek the views of the Domestic Consultative Groups referred to in Article 40.6 or other expert advice.


9.   If the Parties are able to resolve the matter, they shall document the outcome thereof including, if appropriate, specific steps and timelines agreed upon. The Parties shall make the outcome available to the public, unless they agree otherwise.



Article 33.22

Panel of experts


1.   If the Parties fail to resolve the matter within 60 days of the delivery of a written request to convene the Sub-Committee as referred to in Article 33.21(7) or, if no such request is made, within 120 days of the delivery of a written request for consultations pursuant to Article 33.21(1), the requesting Party may request the establishment of a panel of experts to examine the matter.
Any such request shall be made in writing to the contact point of the responding Party. The request shall identify the reasons for requesting the establishment of a panel of experts, including a sufficiently specific description of the matter at issue, and explain how that matter constitutes a breach of specific provisions of this Chapter.


2.   Except as otherwise provided for in this Article, Articles 38.6, 38.10, 38.13, Article 38.14(1), Articles 38.15, 38.19, Article 38.20(2), and Articles 38.21, 38.22, 38.24, 38.32, 38.33, 38.34 and 38.35, as well as the Rules of Procedure in Annex 38-A and the Code of Conduct in Annex 38-B, shall apply mutatis mutandis.


3.   The Sub-Committee shall, at its first meeting, recommend to the Joint Committee the establishment of at least 15 individuals who are willing and able to serve on the panel of experts. Based on this recommendation, the Joint Committee shall no later than one year after entry into force of this Agreement establish a list of such individuals. The list shall be composed of three sub-lists:






(a)


one sub-list of individuals established on the basis of proposals by the EU Party;










(b)


one sub-list of individuals established on the basis of proposals by Chile; and










(c)


one sub-list of individuals who are not nationals of either Party and who shall serve as chairperson to the panel of experts.






4.   Each sub-list shall include at least five individuals. The Joint Committee shall ensure that the list is kept up-to-date and that it is maintained at that minimum number of individuals.


5.   The individuals referred to in paragraph 3 shall have specialised knowledge of or expertise in labour or environmental law, issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the disagreement, or be affiliated with the government of any Party, and shall comply with the Code of Conduct in Annex 38-B.


6.   When the panel of experts is composed according to the procedures set out in Article 38.6(3), (4) and (6), the experts shall be selected from the relevant sub-lists referred to in paragraph 3 of this Article.


7.   Unless the Parties agree otherwise within five days of the date of establishment of the panel of experts the terms of reference shall be:


                              ‘to examine, in the light of the relevant provisions of Chapter 33 of the Advanced Framework Agreement between the European Union and its Member States, of the one part, and the Republic of Chile, of the other part, the matter referred to in the request for the establishment of the panel of experts, and to issue a report, in accordance with Article 33.23 of that Agreement, with its findings and recommendations for the resolution of the matter’.



8.   With regard to matters related to the multilateral agreements referred to in this Chapter, the panel of experts should seek information from the ILO or relevant bodies established under those agreements, including any pertinent available interpretative guidance, findings or decisions adopted by the ILO and those bodies. Any such information shall be provided to both Parties for their comments.


9.   The panel of experts shall interpret the provisions of this Chapter in accordance with the customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties.


10.   The panel of experts shall issue to the Parties an interim report and a final report setting out the findings of facts, the applicability of the relevant provisions and the rationale behind any findings, conclusions and the recommendations it makes.


11.   The panel of experts shall deliver to the Parties the interim report within 100 days after the date of establishment of the panel of experts. If the panel of experts considers that this time limit cannot be met, the chairperson of the panel of experts shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel of experts plans to deliver its interim report. The time limit set out in this paragraph may be extended by mutual agreement of the Parties.


12.   A Party may deliver to the panel of experts a reasoned request to review particular aspects of the interim report within 25 days after the delivery of the interim report. A Party may comment on the other Party's request within 15 days of the delivery of the request.


13.   After considering the request and comments, the panel of experts shall prepare the final report. If no request to review particular aspects of the interim report is delivered within the time period referred to in paragraph 12, the interim report shall become the final report of the panel of experts.


14.   The panel of experts shall deliver its final report to the Parties within 175 days of the date of establishment of that panel. If the panel of experts considers that this time limit cannot be met, the chairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel of experts plans to deliver its final report. The time limit set out in this paragraph may be extended by mutual agreement of the Parties.


15.   The final report shall include a discussion of any written request by the Parties on the interim report and clearly address any comments provided by the Parties.


16.   The Parties shall make the final report available to the public within 15 days of its delivery by the panel of experts.


17.   If the panel of experts finds in the final report that a Party has not complied with its obligations under this Chapter, the Parties shall discuss appropriate measures to be implemented, taking into account the report and recommendations of the panel of experts. The responding Party shall inform its Domestic Consultative Group referred to in Article 40.6 and the other Party of its decisions on any actions or measures to be implemented no later than three months after the report has been made publicly available.


18.   The Sub-Committee shall monitor the follow-up to the final report and recommendations of the panel of experts. The Domestic Consultative Groups referred to in Article 40.6 may submit observations to the Sub-Committee in that regard.



Article 33.23

Review


1.   For the purpose of enhancing the achievement of the objectives of this Chapter, the Parties shall discuss through the meetings of the Sub-Committee its effective implementation, taking into account, inter alia, major policy developments in each Party and developments in international agreements.


2.   Taking into account the outcome of such discussions, a Party may request the review of this Chapter at any time after the date of entry into force of this Agreement. For that purpose, the Sub-Committee may recommend to the Parties amendments of the relevant provisions of this Chapter, in accordance with the amendment procedure established in Article 41.6(1).






CHAPTER 34



TRADE AND GENDER EQUALITY



Article 34.1

Context and objectives


1.   The Parties agree on the importance of incorporating a gender perspective into the promotion of inclusive economic growth, and on the key role that gender-responsive policies can play in that regard. This includes removing barriers to women's participation in the economy and international trade, including improving equal opportunities of access to work functions and sectors for men and women in the labour market.


2.   The Parties acknowledge that international trade and investment are engines of economic growth and also recognise the important contribution of women to economic growth through their participation in economic activity, including business and international trade.


3.   The Parties recognise that women's participation in international trade can contribute to advancing their economic empowerment and economic independence. Furthermore, women's access to, and ownership of, economic resources contribute to sustainable and inclusive economic growth, prosperity, competitiveness, and the well-being of society. Accordingly, the Parties underline their intention to implement this Part of this Agreement in a manner that promotes and enhances equality between men and women.


4.   The Parties recall the United Nations 2030 Agenda for Sustainable Development and the SDGs pertaining to trade and gender equality, in particular Goal 5: achieve gender equality and empower all women and girls.


5.   The Parties recall the objectives of the Joint Declaration on Trade and Women's Economic Empowerment on the Occasion of the WTO Ministerial Conference held in Buenos Aires in December 2017.


6.   The Parties recall their commitments on mainstreaming gender equality and the empowerment of women and girls as well as the respect for democratic principles and human rights and fundamental freedoms, as set out in the Universal Declaration of Human Rights and other relevant international human rights instruments related to gender equality to which they are party.


7.   The Parties reaffirm their commitments under the Beijing Declaration and Platform for Action, adopted at the Fourth World Conference of Women, held in Beijing from 4 to 15 September 1995, noting in particular the objectives and provisions related to women's equal access to resources, employment, markets and trade.


8.   The Parties reaffirm the importance of inclusive trade policies which contribute to the promotion of equal rights, treatment and opportunities between men and women as well as to the elimination of all forms of discrimination against women.


9.   The Parties emphasise the role of the private sector in fostering gender equality by applying non-discrimination and diversity policies in their corporate operations in line with international guidelines and standards endorsed or supported by the Parties.


10.   The Parties aim to:






(a)


enhance their trade relations, cooperation and dialogue in ways that are conducive to equal opportunities for, and treatment of, women and men, as workers, producers, traders or consumers, in accordance with their international commitments.










(b)


facilitate cooperation and dialogue with the aim of enhancing the capacity and conditions for women to access opportunities created by trade.










(c)


further improve their capacities to address trade-related gender issues, including through exchange of information and best practices.







Article 34.2

Multilateral agreements


1.   Each Party reaffirms its commitment to effectively implement its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women, adopted by the UN General Assembly on 18 December 1979, noting in particular those provisions related to eliminating discrimination against women in economic life and in the field of employment.


2.   The Parties recall their respective obligations under Article 33.16 of this Part of this Agreement regarding the ILO Conventions related to gender equality and the elimination of discrimination in respect of employment and occupation ratified by Member States and Chile.


3.   Each Party reaffirms its commitment to effectively implement its obligations under other multilateral agreements to which it is party addressing gender equality or women's rights.



Article 34.3

General provisions


1.   The Parties recognise the right of each Party to establish its own scope and guarantees of equal opportunities for men and women and to adopt or modify accordingly its relevant laws and policies, in accordance with its commitments under the international agreements referred to in Article 34.2.


2.   Each Party shall strive to ensure that its relevant laws and policies provide for, and promote equal rights, treatment and opportunities between men and women, in accordance with its international commitments. Each Party shall strive to improve such laws and policies.


3.   Each Party shall endeavour to gather sex-disaggregated data related to trade and gender with a view to better understanding the different impacts of trade policy instruments on women and men in their roles as workers, producers, traders or consumers.


4.   Each Party shall promote in its territory public awareness of its laws and policies related to gender equality, including their impact on and relevance for inclusive economic growth and for trade policy.


5.   Each Party shall, when relevant, take into account the objective of equality between men and women when formulating, implementing and reviewing measures in the areas covered under this Part of this Agreement.


6.   Each Party shall encourage trade and investment by promoting equal opportunities and the participation of women and men in the economy and international trade. This includes, inter alia, measures that aim at: progressively eliminating all types of discrimination on grounds of sex; promoting the principle of equal pay for work of equal value in order to address the gender pay gap and facilitating the non-discrimination of women in employment and occupation, including for reasons of pregnancy and maternity.


7.   A Party shall not weaken or reduce the protection granted under its respective laws aimed at ensuring gender equality or equal opportunities for women and men in order to encourage trade or investment.


8.   A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its respective laws aimed at ensuring gender equality or equal opportunities for women and men, in a manner that weakens or reduces the protection granted pursuant to those laws, in order to encourage trade or investment.


9.   A Party shall not fail to effectively enforce, through a sustained or recurring course of action or inaction, the protection granted under its respective laws aimed at ensuring gender equality or equal opportunities for women and men in a manner affecting trade or investment.



Article 34.4

Cooperation activities


1.   The Parties acknowledge the benefits of sharing their respective experiences in designing, implementing, monitoring and strengthening trade-related aspects of gender equality measures.


2.   In accordance with paragraph 1, the Parties shall carry out cooperation activities designed to improve the capacity and conditions for women, including workers, businesswomen and entrepreneurs, to access and fully benefit from the opportunities created by this Part of this Agreement.


3.   Cooperation activities shall be carried out on issues and topics agreed upon by the Parties.


4.   Cooperation activities may be developed and implemented with the participation of the UN, WTO, ILO, OECD and other international organisations, as well as of third countries, businesses, employers' and workers' organisations, education and research organisations and other non-governmental organisations, as appropriate.


5.   Areas of cooperation may include sharing experiences and best practices relating to policies and programmes in order to encourage women's increased participation in international trade as well as trade-related aspects of:






(a)


the promotion of women's financial inclusion and education as well as access to financing and financial assistance;










(b)


the advancement of women's leadership and the development of women's networks;










(c)


the promotion of women's full participation in the economy by encouraging their participation, leadership and education, in particular in fields in which they are underrepresented, such as science, technology, engineering, mathematics (STEM), as well as innovation and business;










(d)


the promotion of gender equality within enterprises;










(e)


women's participation in decision-making positions in the public and private sectors;










(f)


public and private initiatives aimed at the promotion of female entrepreneurship, including the integration of women in the formal sector of the economy, enhancing the competitiveness of women-led enterprises to allow them to participate and compete in local, regional, and global value chains, and activities to promote the internationalisation of small and medium-sized enterprises led by women;










(g)


policies and programmes to improve women's digital skills and access to online business tools and e-commerce platforms;










(h)


the advancement of care policies and programmes as well as work-life balance measures with a gender perspective;










(i)


the exploration of the link between the increased participation of women in international trade and the reduction of the gender pay gap;










(j)


the development of gender-based analysis of trade policies, including design, implementation and monitoring of their effects;










(k)


the collection of sex-disaggregated data, the use of indicators, monitoring and evaluation methodologies, and the analysis of statistics related to trade from a gender perspective;










(l)


the exploration of linkages between women's participation in international trade and areas such as decent work, occupational segregation, and working conditions of women, including the safety and health at work of pregnant workers and workers who have recently given birth, in accordance with subparagraph (f) of Article 33.18;










(m)


policies and programmes to prevent, mitigate and respond to the differentiated economic impact that crises and emergencies have on women and men; and










(n)


other issues as agreed by the Parties.






6.   The priorities for cooperation activities shall be decided jointly by the Parties on the basis of areas of mutual interest and available resources.


7.   Cooperation, including in the areas set out in paragraph 5, may be undertaken in person or by any technological means available to the Parties, through activities such as: workshops, seminars, conferences, collaborative programmes and projects; exchange of experiences, and sharing of best practices on policies and procedures; and the exchange of experts.


8.   Through the Sub-Committee on Trade and Sustainable Development established pursuant to Article 8.8(1), the Parties shall encourage efforts by the bodies established in this Part of this Agreement to integrate gender-related issues, considerations and activities in their work.


9.   The Parties shall encourage inclusive participation of women in the implementation of the cooperation activities established pursuant to this Article, as appropriate.



Article 34.5

Institutional arrangements


1.   The Sub-Committee on Trade and Sustainable Development established pursuant to Article 8.8(1) shall be responsible for the implementation of this Chapter. Article 33.19 shall apply to this Chapter mutatis mutandis (136).


2.   When interacting with civil society in the Domestic Consultative Groups created or designated pursuant to Article 40.6 and in the Civil Society Forum organised pursuant to Article 40.7, the Parties shall encourage the participation of organisations promoting equality between men and women.



Article 34.6

Dispute resolution

Articles 33.20, 33.21 and 33.22 apply to this Chapter mutatis mutandis (137).


Article 34.7

Review


1.   The Parties agree on the importance of monitoring and assessing, jointly or individually, through their respective processes and institutions, as well as those set up under this Part of this Agreement, the impact of the implementation of this Part of this Agreement on equality between men and women and opportunities provided for women in relation to trade.


2.   The Parties may review this Chapter in light of the experience gained in its implementation and if necessary, suggest how it may be strengthened.





CHAPTER 35



TRANSPARENCY



Article 35.1

Objective


1.   The Parties, recognising the impact which their respective regulatory environments may have on trade and investment between them, aim at providing a predictable regulatory environment and efficient procedures for economic operators, especially small and medium-sized enterprises.


2.   The Parties reaffirm their respective commitments under the WTO Agreement, and, in this Chapter, build on those commitments and lay down further arrangements for transparency.



Article 35.2

Definitions

For the purposes of this Chapter:






(a)


‘administrative decision’ means a decision or action with legal effect that applies to a specific person, good or service in an individual case and covers the failure to take an administrative decision as provided for in the law of a Party; and










(b)


‘administrative ruling of general application’ means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation, and that establishes a norm of conduct, but does not include:






(i)


a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good or service of the other Party in a specific case; or










(ii)


a ruling that adjudicates with respect to a particular act or practice.










Article 35.3

Publication


1.   Each Party shall ensure that its laws, regulations, procedures, administrative rulings of general application and judicial decisions with respect to any matter covered by this Part of this Agreement are promptly published via an officially designated medium and, where feasible, by electronic means, or otherwise made available in such a manner as to enable any person to become acquainted with them.


2.   Each Party shall provide an explanation of the objective of, and rationale for, its laws, regulations, procedures, administrative rulings of general application and judicial decisions with respect to any matter covered by this Part of this Agreement.


3.   Each Party shall provide a reasonable period of time between the date of publication and the date of entry into force of the laws and regulations with respect to any matter covered by this Part of this Agreement, except where it is not possible on grounds of urgency. This paragraph does not apply to administrative rulings of general application and judicial decisions.



Article 35.4

Enquiries and provision of information


1.   Each Party shall establish or maintain appropriate mechanisms for responding to enquiries from any person regarding any laws or regulations with respect to any matter covered by this Part of this Agreement.


2.   On request of a Party, the other Party shall promptly provide information and respond to enquiries pertaining to any laws or regulations, whether in force or planned, with respect to any matter covered by this Part of this Agreement, unless a specific mechanism is established under another Chapter of this Part of this Agreement.



Article 35.5

Administrative proceedings


1.   Each Party shall administer all laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Part of this Agreement in an objective, impartial and reasonable manner.


2.   If administrative proceedings relating to particular persons, goods or services of the other Party are initiated in respect of the application of laws, regulations, procedures or administrative rulings of general application referred to in paragraph 1, each Party shall:






(a)


endeavour to provide persons who are directly affected by administrative proceedings with reasonable notice, in accordance with its laws and regulations, when proceedings are initiated, including a description of the nature of the proceedings, a statement of the legal authority under which the proceedings are initiated and a general description of any issue in question; and










(b)


afford such persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative decision to the extent that time, the nature of the proceedings and the public interest permit.







Article 35.6

Review and appeal


1.   Each Party shall establish or maintain judicial, arbitral or administrative tribunals or procedures for the purpose of the prompt review and, if warranted, the correction of administrative decisions with respect to any matter covered by this Part of this Agreement.


2.   Each Party shall ensure that its judicial, arbitral or administrative tribunals carry out procedures for appeal or review in a non-discriminatory and impartial manner. Such tribunals shall be impartial and independent of the authority entrusted with administrative enforcement powers, and shall not have any interest in the outcome of the matter.


3.   With respect to the tribunals or procedures referred to in paragraph 1, each Party shall ensure that the parties before such tribunals or to such proceedings are provided with:






(a)


a reasonable opportunity to support or defend their respective positions; and










(b)


a decision based on the evidence and submissions of records or, where required by its law, the records compiled by the relevant authority.






4.   Each Party shall ensure that the decision referred to in subparagraph (b) of paragraph 3 is implemented by the authority entrusted with administrative enforcement powers, subject to appeal or further review as provided for in its laws and regulations.



Article 35.7

Relation to other Chapters

The provisions set out in this Chapter apply in addition to the specific rules set out in other Chapters of this Part of this Agreement.




CHAPTER 36



GOOD REGULATORY PRACTICES



Article 36.1

Scope


1.   This Chapter applies to regulatory measures adopted or initiated by regulatory authorities in respect to any matter covered by this Part of this Agreement.


2.   This Chapter does not apply to regulatory authorities and regulatory measures, practices or approaches of the Member States.



Article 36.2

General principles


1.   The Parties recognise the importance of:






(a)


using good regulatory practices in the process of planning, designing, issuing, implementing, evaluating and reviewing regulatory measures for the purpose of achieving domestic policy objectives; and










(b)


maintaining and enhancing the benefits of this Part of this Agreement in facilitating trade in goods and services and increasing investment between the Parties.






2.   Each Party shall be free to determine its approach to good regulatory practices under this Part of this Agreement in a manner consistent with its own legal framework, practice and fundamental principles, including the precautionary principle, underlying its regulatory system.


3.   Nothing in this Chapter shall be construed as requiring a Party to:






(a)


deviate from domestic procedures for preparing and adopting regulatory measures;










(b)


take actions that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives; or










(c)


achieve any particular regulatory outcome.







Article 36.3

Definitions

For the purposes of this Chapter:






(a)


‘regulatory authority’ means:






(i)


for the EU Party: the European Commission; and










(ii)


for Chile: any regulatory authority of the executive branch; and














(b)


‘regulatory measures’ means:






(i)


for the EU Party:






(A)


regulations and directives, as provided for in Article 288 of the Treaty on the Functioning of the European Union; and










(B)


implementing and delegated acts, as provided for in Article 290 and Article 291 Treaty on the Functioning of the European Union, respectively; and














(ii)


for Chile: laws and decrees of general application that are adopted by the regulatory authorities compliance with which is mandatory (138).










Article 36.4

Internal coordination of regulatory development

Each Party shall maintain internal coordination or review processes or mechanisms for the preparation, evaluation and review of regulatory measures. Such processes or mechanisms should seek, inter alia, to:






(a)


foster good regulatory practices, including those set out in this Chapter;










(b)


identify and avoid unnecessary duplication and inconsistent requirements in the Party's regulatory measures;










(c)


ensure compliance with the international trade obligations of the Party; and










(d)


promote the consideration of the impact of the regulatory measures under preparation, including the impact on small and medium-sized enterprises.






Article 36.5

Transparency of the regulatory processes and mechanisms

Each Party shall make publicly available descriptions, in accordance with its respective rules and procedures, of the processes and mechanisms used by its regulatory authority to prepare, evaluate or review regulatory measures. Those descriptions shall refer to relevant guidelines, rules or procedures, including those allowing the public to provide comments.


Article 36.6

Early information on planned regulatory measures


1.   Each Party shall endeavour to publish on an annual basis, in accordance with its respective rules and procedures, information on planned major (139) regulatory measures.


2.   With respect to each major regulatory measure referred to in paragraph 1, each Party shall endeavour to make publicly available, in a timely manner:






(a)


a brief description of its scope and objectives; and










(b)


if available, the estimated timing for its adoption, including, where applicable, opportunities for public consultations.







Article 36.7

Public consultations


1.   When preparing a major regulatory measure, each Party shall, if applicable, in accordance with its respective rules and procedures:






(a)


publish a draft regulatory measure or consultation documents providing sufficient details about the regulatory measure under preparation to allow any person (140) to assess whether and how the person's interests might be significantly affected;










(b)


offer reasonable opportunities for any person, on a non-discriminatory basis, to provide comments; and










(c)


consider the comments received.






2.   The regulatory authority of each Party shall endeavour to make use of electronic means of communication and seek to maintain a dedicated electronic portal for the purpose of providing information and receiving comments related to public consultations.


3.   The regulatory authority of each Party shall endeavour to make publicly available a summary of the results of the consultations or any comments received, except to the extent necessary to protect confidential information or withhold personal data or inappropriate content.



Article 36.8

Impact assessment


1.   Each Party shall promote the carrying out by its regulatory authority, in accordance with the applicable rules and procedures, of an impact assessment of the major regulatory measures it is preparing.


2.   When carrying out an impact assessment, the regulatory authority of each Party shall promote processes and mechanisms that consider the following factors:






(a)


the need for the regulatory measure, including the nature and the significance of the problem the regulatory measure is intended to address;










(b)


feasible and appropriate regulatory and non-regulatory alternatives, if any, that would achieve the Party's public policy objective, including the option of not regulating;










(c)


to the extent possible and relevant, the potential social, economic and environmental impact of those alternatives, including on international trade and on small and medium-sized enterprises; and










(d)


how the options under consideration relate to relevant international standards, if any, including the reason for any divergence, where appropriate.






3.   With respect to any impact assessment of a regulatory measure that a regulatory authority has carried out, that regulatory authority shall prepare a final report detailing the factors it considered in its assessment and the relevant findings. Such report shall be made publicly available when the regulatory measure concerned is made publicly available.



Article 36.9

Retrospective evaluation

The Parties recognise the positive contribution of periodic retrospective evaluations of existing regulatory measures that are in effect to reducing unnecessary regulatory burden, including on small and medium-sized enterprises, and to achieving public policy objectives more effectively. The Parties shall endeavour to promote the use of periodic retrospective evaluations in their regulatory systems.


Article 36.10

Regulatory register

Each Party shall ensure that regulatory measures that are in effect are published in a designated register that identifies regulatory measures by topic and that is publicly available on a single and freely accessible website. The website should allow searches for regulatory measures by citations or by word. Each Party shall periodically update its register.


Article 36.11

Cooperation and exchange of information

The Parties may cooperate in order to facilitate the implementation of this Chapter. That cooperation may include the organisation of any relevant activities to strengthen cooperation between their regulatory authorities and the exchange of information on the regulatory practices set out in this Chapter.


Article 36.12

Contact points

Each Party shall designate a contact point to facilitate the exchange of information between the Parties, within one month of the date of entry into force of this Agreement.


Article 36.13

Non-application of dispute settlement

Chapter 38 does not apply to this Chapter.




CHAPTER 37



SMALL AND MEDIUM-SIZED ENTERPRISES



Article 37.1

Objectives

The Parties recognise the importance of small and medium-sized enterprises (‘SMEs’) in their bilateral trade and investment relations and affirm their commitment to enhance the ability of SMEs to benefit from this Part of this Agreement.


Article 37.2

Information sharing


1.   Each Party shall establish or maintain a publicly accessible SMEs-specific website that contains information regarding this Part of this Agreement, including:






(a)


a summary of this Part of this Agreement; and










(b)


information designed for SMEs that contains:






(i)


a description of the provisions in this Part of this Agreement that each Party considers to be relevant to SMEs of both Parties; and










(ii)


any additional information that the Party considers would be useful for SMEs interested in benefitting from the opportunities provided for by this Part of this Agreement.










2.   Each Party shall include on the website provided for in paragraph 1 an internet link to the:






(a)


text of this Part of this Agreement, including Annexes and Appendices thereto, in particular tariff schedules, and product-specific rules of origin;










(b)


equivalent website of the other Party; and










(c)


websites of its own authorities that the Party considers would provide useful information to persons interested in trading and doing business in that Party.






3.   Each Party shall include on the website provided for in paragraph 1 an internet link to websites of its own authorities with information related to the following:






(a)


customs regulations and procedures for importation, exportation and transit as well as relevant forms, documents and other information required;










(b)


regulations and procedures concerning intellectual property rights, including geographical indications;










(c)


technical regulations including, where necessary, obligatory conformity assessment procedures and links to lists of conformity assessment bodies, in the cases where third-party conformity assessment is obligatory, as provided for in Chapter 16;










(d)


sanitary and phytosanitary measures relating to importation and exportation as provided for in Chapter 13;










(e)


rules on public procurement and a database containing public procurement notices and other relevant provisions of Chapter 28;










(f)


company registration procedures; and










(g)


other information which the Party considers may be of assistance to SMEs.






4.   Each Party shall include on the website provided for in paragraph 1 an internet link to a database that is electronically searchable by Harmonized System code and that includes the following information with respect to access to its market:






(a)


rates of customs duties and quotas, including most-favoured-nation customs duty rates, rates concerning non most-favoured-nation countries and preferential rates and tariff rate quotas;










(b)


excise duties;










(c)


taxes (such as value added tax);










(d)


customs or other fees, including other product-specific fees;










(e)


rules of origin as provided for in Chapter 10;










(f)


duty drawback, deferral, or other types of relief that reduce, refund, or waive customs duties;










(g)


criteria used to determine the customs value of the good;










(h)


other tariff measures;










(i)


information needed for import procedures; and










(j)


information related to non-tariff measures or regulations.






5.   Each Party shall regularly, or when requested by the other Party, update the information and links referred to in paragraphs 1 to 4 that it maintains on its website to ensure they are up to date and accurate.


6.   Each Party shall ensure that the information referred to in this Article is presented in an adequate manner for the use of SMEs. Each Party shall endeavour to make such information available in English.


7.   A Party shall not apply any fee for access to the information provided pursuant to paragraphs 1 to 4 for any person of a Party.



Article 37.3

SMEs contact points


1.   Each Party shall communicate to the other Party its SMEs contact point that will carry out the functions listed in this Article. A Party shall notify the other Party promptly of any change in the details of those contact points.


2.   The SMEs contact points shall:






(a)


ensure that SMEs' needs are taken into account in the implementation of this Part of this Agreement so that SMEs of both Parties can take advantage of new opportunities under this Part of this Agreement;










(b)


ensure that the information referred to in Article 37.2 is up-to-date and relevant for SMEs; either Party may, through the SMEs contact point, suggest additional information that the other Party may include in the information to be provided in accordance with Article 37.2;










(c)


examine any matter relevant to SMEs in connection with the implementation of this Part of this Agreement, including:






(i)


exchanging information to assist the Joint Committee in its tasks of monitoring and implementing the SMEs–related aspects of this Part of this Agreement;










(ii)


assisting Sub-Committees and contact points established by this Part of this Agreement, in considering matters of relevance to SMEs;














(d)


report periodically on their activities, jointly or individually, to the Joint Committee for its consideration; and










(e)


consider any other matter arising under this Part of this Agreement pertaining to SMEs as the Parties may agree.






3.   SMEs contact points shall meet as necessary and shall carry out their work through the communication channels agreed by the Parties, which may include electronic mail, video-conferencing or other means.


4.   SMEs contact points may seek to cooperate with experts and external organisations, as appropriate, in carrying out their activities.



Article 37.4

Non-application of dispute settlement

Chapter 38 does not apply to this Chapter.




CHAPTER 38



DISPUTE SETTLEMENT




SECTION A




Objective and Scope




Article 38.1

Objective

The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling any dispute between the Parties concerning the interpretation and application of this Part of this Agreement with a view to reaching a mutually agreed solution.


Article 38.2

Scope

This Chapter applies with respect to any dispute between the Parties concerning the interpretation and application of the provisions of this Part of this Agreement (hereinafter referred to as ‘covered provisions’), unless otherwise provided for in this Part of this Agreement.


Article 38.3

Definitions

For the purposes of this Chapter and Annexes 38-A and 38-B:






(a)


‘complaining Party’ means the Party that requests the establishment of a panel pursuant to Article 38.5;










(b)


‘mediator’ means an individual who has been selected as mediator in accordance with Article 38.27;










(c)


‘panel’ means a panel established pursuant to Article 38.6;










(d)


‘panellist’ means a member of a panel; and










(e)


‘Party complained against’ means the Party that is alleged to be in breach of a covered provision.








SECTION B




Consultations




Article 38.4

Consultations


1.   The Parties shall endeavour to resolve any dispute referred to in Article 38.2 by entering into consultations in good faith with a view to reaching a mutually agreed solution.


2.   A Party shall seek consultations by means of a written request delivered to the other Party identifying the measure at issue and the covered provisions that it considers applicable.


3.   The Party to which the request for consultations is made shall reply to the request promptly, but no later than 10 days after the date of delivery of the request for consultations. Consultations shall be held within 30 days after the date of delivery of the request for consultations and shall take place, unless the Parties agree otherwise, in the territory of the Party to which the request is made. The consultations shall be deemed concluded 46 days after the date of delivery of the request for consultations, unless the Parties agree to continue the consultations.


4.   Consultations on matters of urgency, including those regarding perishable goods or seasonal goods or services, shall be held within 15 days after the date of delivery of the request for consultations. The consultations shall be deemed concluded 23 days after the date of delivery of the request for consultations, unless the Parties agree to continue the consultations.


5.   During consultations, each Party shall provide sufficient factual information so as to allow a complete examination of the manner in which the measure at issue could affect the application of this Part of this Agreement. Each Party shall endeavour to ensure the participation of personnel of its competent governmental authorities who have expertise in the matter which is subject to the consultations.


6.   Consultations and, in particular, all information designated as confidential and positions taken by a Party during consultations, shall be confidential and without prejudice to the rights of each Party in any further proceedings.


7.   If the Party to which the request for consultations is made does not respond to the request within 10 days after the date of its delivery, if consultations are not held within the timeframes laid down in paragraph 3 or 4, if the Parties agree not to have consultations, or if consultations have been concluded and no mutually agreed solution has been reached, the Party that requested consultations may have recourse to Article 38.5.





SECTION C




Panel Procedures




Article 38.5

Initiation of panel procedures


1.   If the Parties fail to resolve the matter through consultations as provided for in Article 38.4, the Party that requested consultations may request the establishment of a panel.


2.   The request for the establishment of a panel shall be made by means of a written request delivered to the other Party. The complaining Party shall identify the measure at issue in its request, specify the covered provisions that it considers applicable, and explain how that measure constitutes a breach of the covered provisions in a manner that is sufficient to present the legal basis for the complaint clearly.



Article 38.6

Establishment of a panel


1.   A panel shall be composed of three panellists.


2.   Within 14 days after the date of delivery to the Party complained against of the request for the establishment of a panel, the Parties shall consult with a view to agreeing on the composition of the panel.


3.   If the Parties do not agree on the composition of the panel within the time period provided for in paragraph 2 of this Article, each Party shall appoint a panellist from the sub-list of that Party established under Article 38.8(1) within 10 days after the date of expiry of the time period provided for in paragraph 2 of this Article. If the Party complained against does not appoint a panellist from its sub-list within that time period, the co-chair of the Joint Committee of the complaining Party shall select by lot, within five days after the date of expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the Joint Committee of the complaining Party may delegate such selection by lot of the panellist.


4.   If the Parties do not agree on the chairperson of the panel within the time period provided for in paragraph 2 of this Article, the co-chair of the Joint Committee of the complaining Party shall select by lot, within 10 days after the date of expiry of that time period, the chairperson of the panel from the sub-list of chairpersons established under subparagraph (c) of Article 38.8(1). The co-chair of the Joint Committee from the complaining Party may delegate such selection by lot of the chairperson of the panel.


5.   The panel shall be deemed to be established 15 days after the date on which the three selected panellists have notified the Parties of their acceptance of the appointment in accordance with Annex 38-A, unless the Parties agree otherwise. Each Party shall promptly make public the date of establishment of the panel.


6.   If any of the lists provided for in Article 38.8 have not been established or do not contain sufficient names at the time a request is made pursuant to paragraph 3 or 4 of this Article, the panellists shall be selected by lot from the individuals who have been formally proposed by one Party or both Parties, in accordance with Annex 38-A.



Article 38.7

Choice of forum


1.   If a dispute arises concerning a particular measure in alleged breach of an obligation under this Part of this Agreement and a substantially equivalent obligation under another international agreement to which both Parties are party, including the WTO Agreement, the Party seeking redress shall select the forum in which to settle the dispute.


2.   Once a Party has selected the forum and initiated dispute settlement procedures under this Section or under another international agreement with respect to the particular measure referred to in paragraph 1, that Party shall not initiate dispute settlement procedures under that other international agreement or this Section, respectively, unless the forum first selected fails to make findings for procedural or jurisdictional reasons.


3.   For the purposes of this Article:






(a)


dispute settlement procedures under this Section are deemed to be initiated by a Party's request for the establishment of a panel pursuant to Article 38.5;










(b)


dispute settlement procedures under the WTO Agreement are deemed to be initiated by a Party's request for the establishment of a panel pursuant to Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes in Annex 2 to the WTO Agreement; and










(c)


dispute settlement procedures under any other agreement are deemed to be initiated in accordance with the relevant provisions of that agreement.






4.   Without prejudice to paragraph 2, nothing in this Part of this Agreement shall preclude a Party from suspending obligations authorised by the Dispute Settlement Body of the WTO or authorised under the dispute settlement procedures of another international agreement to which the Parties are party. The WTO Agreement or any other international agreement between the Parties shall not be invoked to preclude a Party from suspending obligations pursuant to this Section.



Article 38.8

Lists of panellists


1.   The Joint Committee shall, no later than one year after the date of entry into force of this Agreement, establish a list of at least 15 individuals who are willing and able to serve as panellists. The list shall be composed of three sub-lists:






(a)


one sub-list of individuals established on the basis of proposals by the EU Party;










(b)


one sub-list of individuals established on the basis of proposals by Chile; and










(c)


one sub-list of individuals who are not nationals of either Party and who shall serve as chairperson of the panel.






2.   Each sub-list shall include at least five individuals. The Joint Committee shall ensure that the list is always maintained at that minimum number of individuals.


3.   The Joint Committee may establish additional lists of individuals with expertise in specific sectors covered by this Part of this Agreement. If the Parties so agree, such additional lists shall be used to compose the panel in accordance with the procedure set out in Article 38.6.



Article 38.9

Requirements for panellists


1.   Each panellist shall:






(a)


have demonstrated expertise in law, international trade and other matters covered by this Part of this Agreement;










(b)


be independent of, and not be affiliated with or take instructions from, either Party;










(c)


serve in their individual capacities and not take instructions from any organisation or government with regard to matters related to the dispute; and










(d)


comply with Annex 38-B.






2.   The chairperson shall, in addition to fulfilling the requirements set out in paragraph 1, have experience in dispute settlement procedures.


3.   In view of the subject matter of a particular dispute, the Parties may agree to derogate from the requirements listed in subparagraph (a) of paragraph 1.



Article 38.10

Functions of the panel

The panel:






(a)


shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the covered provisions;










(b)


shall set out, in its decisions and reports, the findings of facts, the applicability of the covered provisions and the basic rationale behind any findings and conclusions that it makes; and










(c)


should consult regularly with the Parties and provide adequate opportunities for the development of a mutually agreed solution.






Article 38.11

Terms of reference


1.   Unless the Parties agree otherwise within five days after the date of establishment of the panel, the terms of reference of the panel shall be:


                              ‘to examine, in the light of the relevant provisions of Part III of the Advanced Framework Agreement between the European Union and its Member States, of the one part, and the Republic of Chile, of the other part, cited by the Parties, the matter referred to in the request for the establishment of the panel, to make findings on the conformity of the measure at issue with the covered provisions of Part III of that Agreement and to deliver a report in accordance with Article 38.13 of that Agreement’.



2.   If the Parties agree on terms of reference other than those set out in paragraph 1, they shall notify the panel of the agreed terms of reference within the time period set out in paragraph 1.



Article 38.12

Decision on urgency


1.   If a Party so requests, the panel shall decide, within 10 days after the date of its establishment, whether the case concerns a matter of urgency.


2.   In cases of urgency, the applicable time periods set out in this Section shall be half of the time set out therein, except for the time periods referred to in Articles 38.6 and 38.11.



Article 38.13

Interim and final report


1.   The panel shall deliver an interim report to the Parties within 90 days after the date of establishment of the panel. If the panel considers that that deadline cannot be met, the chairperson of the panel shall notify the Parties, stating the reasons for the delay and the date on which the panel plans to deliver its interim report. The panel shall under no circumstances deliver its interim report later than 120 days after the date of establishment of the panel.


2.   Each Party may deliver to the panel a written request to review precise aspects of the interim report within 10 days after the date of its delivery. A Party may comment on the other Party's request within six days after the date of delivery of that request.


3.   If no request is delivered pursuant to paragraph 2, the interim report shall become the final report.


4.   The panel shall deliver its final report to the Parties within 120 days after the date of establishment of the panel. If the panel considers that that deadline cannot be met, the chairperson of the panel shall notify the Parties, stating the reasons for the delay and the date on which the panel plans to deliver its final report. The panel shall under no circumstances deliver its final report later than 150 days after the date of establishment of the panel.


5.   The final report shall include a discussion of any written request by the Parties on the interim report and clearly address the comments of the Parties. The panel shall set out the following in the interim and the final report:






(a)


a descriptive section containing a summary of the arguments of the Parties and of the comments referred to in paragraph 2;










(b)


its findings on the facts of the case and on the applicability of the relevant covered provisions;










(c)


its findings on whether the measure at issue is or is not in conformity with the relevant covered provisions; and










(d)


the reasons for the findings referred to in subparagraphs (b) and (c).






6.   The final report shall be final and binding on the Parties.



Article 38.14

Compliance measures


1.   The Party complained against shall take any measure necessary to comply promptly with the final report in order to bring itself in compliance with the covered provisions.


2.   The Party complained against shall, no later than 30 days after the date of delivery of the final report, notify the complaining Party of any measure which it has taken or envisages to take to comply with the final report.



Article 38.15

Reasonable period of time


1.   If immediate compliance is not possible, the Party complained against shall, no later than 30 days after the date of delivery of the final report, notify the complaining Party of the length of the reasonable period of time it will require for compliance. The Parties shall endeavour to agree on the length of the reasonable period of time to comply with the final report.


2.   If the Parties have not agreed on the length of the reasonable period of time, the complaining Party may, no earlier than 20 days after the date of delivery of the notification referred to in paragraph 1, request, in writing, the original panel to determine the length of the reasonable period of time. The panel shall deliver its decision to the Parties within 20 days after the date of delivery of the request.


3.   The Party complained against shall, at least one month before the expiry of the reasonable period of time, notify the complaining Party of its progress in complying with the final report.


4.   The Parties may agree to extend the reasonable period of time.



Article 38.16

Compliance review


1.   The Party complained against shall, no later than on the date of expiry of the reasonable period of time referred to in Article 38.15, notify the complaining Party of any measure that it has taken to comply with the final report.


2.   When the Parties disagree on the existence or the consistency with the covered provisions of any measure taken to comply, the complaining Party may deliver a request, in writing, to the original panel to decide on the matter. The request shall identify any measure at issue and explain how that measure constitutes a breach of the covered provisions in a manner that is sufficient to present the legal basis for the complaint clearly. The panel shall deliver its decision to the Parties within 46 days after the date of delivery of the request.



Article 38.17

Temporary remedies


1.   On request of, and after consultations with, the complaining Party, the Party complained against shall present an offer for temporary compensation if:






(a)


the Party complained against notifies the complaining Party that it is not possible to comply with the final report;










(b)


the Party complained against fails to notify any measure taken to comply or which it envisages to take to comply within the time period referred to in Article 38.14, or fails to notify any measure taken to comply before the date of expiry of the reasonable period of time referred to in Article 38.15;










(c)


the panel finds that no measure taken to comply exists, in accordance with Article 38.16; or










(d)


the panel finds that the measure taken to comply is inconsistent with the covered provisions, in accordance with Article 38.16.






2.   In any of the circumstances referred to in subparagraph (a), (b), (c) or (d) of paragraph 1, the complaining Party may notify the Party complained against that it intends to suspend the obligations set out in the covered provisions if:






(a)


the complaining Party decides not to make a request pursuant to paragraph 1; or










(b)


the complaining Party has made a request pursuant to paragraph 1 and the Parties do not agree on the temporary compensation within 20 days after the date of expiry of the reasonable period of time referred to in Article 38.15 or the delivery of the panel decision pursuant to Article 38.16.






3.   The complaining Party may suspend the obligations 10 days after the date of delivery of the notification referred to in paragraph 2, unless the Party complained against has made a request pursuant to paragraph 6.


4.   The level of the suspension of obligations shall not exceed the level equivalent to the nullification or impairment caused by the violation. The notification referred to in paragraph 2 shall specify the level of the intended suspension of obligations.


5.   In considering which obligations to suspend, the complaining Party should first seek to suspend the obligations in the same sector or sectors as those affected by the measure which the panel has found to be inconsistent with the covered provisions. The suspension of obligations may be applied to a sector or sectors covered by this Part of this Agreement other than those in which the panel has found nullification or impairment, in particular if the complaining Party is of the view that such suspension in the other sector or sectors is practicable or effective in inducing compliance.


6.   If the Party complained against considers that the notified level of intended suspension of obligations exceeds the level equivalent to the nullification or impairment caused by the violation, it may, before the expiry of the time period set out in paragraph 3, deliver a written request to the original panel to decide on the matter. The panel shall deliver its decision on the level of the suspension of obligations to the Parties within 30 days after the date of the request. The complaining Party shall not suspend any obligations until the panel has delivered its decision. The suspension of obligations shall be consistent with that decision.


7.   The suspension of obligations, or the compensation referred to in this Article, shall be temporary and shall not be applied after:






(a)


the Parties have reached a mutually agreed solution pursuant to Article 38.32;










(b)


the Parties have agreed that the measure taken to comply brings the Party complained against into conformity with the covered provisions; or










(c)


any measure taken to comply which the panel has found to be inconsistent with the covered provisions has been withdrawn or amended so as to bring the Party complained against into conformity with those provisions.







Article 38.18

Review of measures taken to comply after temporary remedies


1.   The Party complained against shall notify the complaining Party of any measure it has taken to comply following the suspension of obligations or following the application of temporary compensation, as the case may be. With the exception of the cases referred to in paragraph 2, the complaining Party shall terminate the suspension of obligations within 30 days after the date of delivery of that notification. In cases where compensation has been applied, and with the exception of the cases referred to in paragraph 2, the Party complained against may terminate the application of such compensation within 30 days after the date of delivery of its notification that it has complied.


2.   If the Parties do not reach an agreement on whether the measure notified in accordance with paragraph 1 brings the Party complained against into conformity with the covered provisions within 30 days after the date of delivery of that notification, the complaining Party shall deliver a written request to the original panel to decide on the matter. The panel shall deliver its decision to the Parties within 46 days after the date of the delivery of the request. If the panel finds that the measure taken to comply is in conformity with the covered provisions, the suspension of obligations or compensation, as the case may be, shall be terminated. If relevant, the complaining Party shall adjust the level of suspension of obligations or of compensation in light of the panel's decision.


3.   If the Party complained against considers that the level of suspension implemented by the complaining Party exceeds the level equivalent to the nullification or impairment caused by the violation, it may deliver a written request to the original panel to decide on the matter.



Article 38.19

Replacement of panellists

If during panel procedures under this Section, a panellist is unable to participate, withdraws or needs to be replaced because he or she does not comply with the requirements of Annex 38-B, a new panellist shall be appointed in accordance with Article 38.6. The time period for the delivery of a report or a decision referred to in this Section shall be extended for the time necessary for the appointment of the new panellist.


Article 38.20

Rules of procedure


1.   Panel procedures under this Section shall be governed by this Chapter and Annex 38-A.


2.   Any hearing of the panel shall be open to the public unless otherwise provided for in Annex 38-A.



Article 38.21

Suspension and termination


1.   On a joint request of the Parties, the panel shall suspend its work at any time for a period agreed by the Parties and not exceeding 12 consecutive months.


2.   The panel shall resume its work before the end of the suspension period on a written request of both Parties, or at the end of the suspension period on a written request of either Party. The requesting Party shall notify the other Party accordingly. If a Party does not request the resumption of the work of the panel at the end of the suspension period, the authority of the panel shall lapse and the dispute settlement procedure shall be terminated.


3.   If the work of the panel is suspended pursuant to this Article, the relevant time periods under this Section shall be extended by the same period of time for which the work of the panel was suspended.



Article 38.22

Right to seek information


1.   On request of a Party or upon its own initiative, the panel may seek, from the Parties, information it considers necessary and appropriate. The Parties shall respond promptly and fully to any request by the panel for such information.


2.   On request of a Party or upon its own initiative, the panel may seek information it considers necessary and appropriate from any source. The panel also has the right to seek the opinion, including information and technical advice, of experts, as it deems appropriate, and subject to any terms and conditions agreed by the Parties, if applicable.


3.   The panel shall consider amicus curiae submissions from natural persons of a Party or juridical persons established in a Party in accordance with Annex 38-A.


4.   Any information obtained by the panel pursuant to this Article shall be disclosed to the Parties, and the Parties may provide comments on that information.



Article 38.23

Rules of interpretation


1.   The panel shall interpret the covered provisions in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties.


2.   The panel shall also take into account relevant interpretations in reports of WTO panels and the Appellate Body adopted by the Dispute Settlement Body of the WTO.


3.   Reports and decisions of the panel cannot add to or diminish the rights and obligations of the Parties under this Part of this Agreement.



Article 38.24

Reports and decisions of the panel


1.   The deliberations of the panel shall be kept confidential. The panel shall make every effort to draft reports and take decisions by consensus. If that is not possible, the panel shall decide the matter by majority vote. In no case shall separate opinions of panellists be disclosed.


2.   Each Party shall make its submissions and the reports and decisions of the panel publicly available, subject to the protection of confidential information.


3.   The reports and decisions of the panel shall be accepted unconditionally by the Parties. They shall not create any rights or obligations for persons.


4.   The panel and the Parties shall treat as confidential any information submitted by a Party to the panel in accordance with Annex 38-A.





SECTION D




Mediation Mechanism




Article 38.25

Objective


1.   The objective of the mediation mechanism is to facilitate the finding of a mutually agreed solution through a comprehensive and expeditious procedure with the assistance of a mediator.


2.   The mediation procedure may only be initiated by mutual agreement of the Parties in order to explore mutually agreed solutions and consider any advice from and proposed solutions by the mediator.



Article 38.26

Initiation of the mediation procedure


1.   A Party (‘the requesting Party’) may, at any time, request the other Party (‘the responding Party’) in writing to enter into a mediation procedure with respect to any measure of the responding Party allegedly adversely affecting trade or investment between the Parties.


2.   The request referred to in paragraph 1 shall be sufficiently detailed to present the concerns of the requesting Party clearly and shall:






(a)


identify the measure at issue;










(b)


provide a statement of the adverse effects that the requesting Party considers the measure has, or will have, on trade or investment between the Parties; and










(c)


explain how the requesting Party considers that those effects are linked to the measure.






3.   The responding Party shall give sympathetic consideration to the request and deliver its written acceptance or rejection to the requesting Party within 10 days after the date of its delivery; otherwise the request shall be regarded as rejected.



Article 38.27

Selection of the mediator


1.   The Parties shall endeavour to agree on a mediator within 14 days after the date of initiation of the mediation procedure.


2.   If the Parties are unable to agree on the mediator within the time period laid down in paragraph 1 of this Article, either Party may request the co-chair of the Joint Committee of the requesting Party to select the mediator by lot, within five days after the date of the request, from the sub-list of chairpersons established pursuant to subparagraph (c) of Article 38.8(1). The co-chair of the Joint Committee of the requesting Party may delegate such selection by lot of the mediator.


3.   If the sub-list of chairpersons referred to in subparagraph (c) of Article 38.8(1) has not been established at the time a request is made pursuant to Article 38.26, the mediator shall be selected by lot from the individuals who have been formally proposed by one Party or both Parties for that sub-list.


4.   A mediator shall not be a national of either Party or employed by either Party, unless the Parties agree otherwise.


5.   A mediator shall comply with Annex 38-B.



Article 38.28

Rules of the mediation procedure


1.   Within 10 days after the date of the appointment of the mediator, the requesting Party shall deliver to the mediator and to the responding Party a detailed written description of its concerns, in particular relating to the operation of the measure at issue and its possible adverse effects on trade or investment. Within 20 days after the date of delivery of that description, the responding Party may deliver written comments on that description. A Party may include any information that it deems relevant in its description or comments.


2.   The mediator shall assist the Parties in a transparent manner in bringing clarity to the measure at issue and its possible adverse effects on trade or investment. In particular, the mediator may organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties. The mediator shall consult with the Parties before seeking the assistance of, or consulting with, relevant experts and stakeholders.


3.   The mediator may offer advice and propose a solution for the consideration of the Parties. The Parties may accept or reject the proposed solution, or agree on a different solution. The mediator shall not advise or comment on the consistency of the measure at issue with this Part of this Agreement.


4.   The mediation procedure shall take place in the territory of the responding Party or, by mutual agreement of the Parties, in any other location or by any other means.


5.   The Parties shall endeavour to reach a mutually agreed solution within 60 days after the date of the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions, in particular if the measure relates to perishable goods or seasonal goods or services.


6.   On request of either Party, the mediator shall deliver a draft factual report to the Parties, providing:






(a)


a brief summary of the measure at issue;










(b)


the procedures followed; and










(c)


if applicable, any mutually agreed solution reached, including possible interim solutions.






7.   The mediator shall allow the Parties 15 days after the date of the delivery of the draft factual report to comment on the draft factual report. After considering the comments received from the Parties, the mediator shall, within 15 days of the receipt of the comments, deliver a final factual report to the Parties. The draft and final factual reports shall not include any interpretation of this Part of this Agreement.


8.   The mediation procedure shall be terminated:






(a)


by the adoption of a mutually agreed solution by the Parties, on the date of the notification thereof to the mediator;










(b)


by mutual agreement of the Parties at any stage of the procedure, on the date of the notification of that agreement to the mediator;










(c)


by a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail, on the date of the notification of that declaration to the Parties; or










(d)


by a written declaration of a Party after having explored mutually agreed solutions under the mediation procedure and after having considered any advice from and proposed solutions by the mediator, on the date of the notification of that declaration to the mediator and the other Party.







Article 38.29

Confidentiality

Unless the Parties agree otherwise, all steps of the mediation procedure, including any advice or proposed solution, are confidential. A Party may disclose to the public the fact that a mediation is taking place.


Article 38.30

Relationship to dispute settlement procedures


1.   The mediation procedure is without prejudice to the Parties' rights and obligations under Sections B and C or dispute settlement procedures under any other agreement.


2.   A Party shall not rely on, or introduce as evidence, in other dispute settlement procedures under this Agreement or any other agreement, and a panel shall not take into consideration:






(a)


positions taken by the other Party in the course of the mediation procedure or information exclusively gathered under Article 38.28(2);










(b)


the fact that the other Party has indicated its willingness to accept a solution to the measure subject to mediation; or










(c)


advice given or proposals made by the mediator.






3.   Unless the Parties agree otherwise, a mediator shall not serve as a panellist in dispute settlement procedures under this Agreement or under any other agreement involving the same matter for which he or she has been a mediator.





SECTION E




Common Provisions




Article 38.31

Request for information


1.   Before a request for consultations or mediation is made pursuant to Article 38.4 or 38.26 respectively, a Party may request information from the other Party regarding a measure allegedly adversely affecting trade or investment between the Parties. The Party to which such request is made shall, within 20 days after the date of delivery of the request, deliver a written response with its comments on the requested information.


2.   If the Party to which the request is made considers it will not be able to deliver a response within 20 days after the date of delivery of the request, it shall promptly notify the other Party, stating the reasons for the delay and providing an estimate of the shortest period within which it will be able to deliver its response.


3.   A Party is normally expected to request information pursuant to paragraph 1 of this Article before a request for consultations or mediation is made pursuant to Article 38.4 or 38.26 respectively.



Article 38.32

Mutually agreed solution


1.   The Parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 38.2.


2.   If a mutually agreed solution is reached during the panel or mediation procedure, the Parties shall jointly notify that solution to the chairperson of the panel or the mediator, respectively. Upon such notification, the panel or mediation procedure shall be terminated.


3.   Each Party shall take the measures necessary to implement the mutually agreed solution immediately or within the agreed time period, as applicable.


4.   No later than at the expiry of the agreed time period, the implementing Party shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution.



Article 38.33

Time periods


1.   All time periods set out in this Chapter shall be counted from the day following the act to which they refer.


2.   Any time period referred to in this Chapter may be modified by mutual agreement of the Parties.


3.   Under Section C, the panel may at any time propose to the Parties to modify any time period referred to in this Chapter, stating the reasons for the proposal.



Article 38.34

Costs


1.   Each Party shall bear its own expenses derived from the participation in the panel or mediation procedure.


2.   The Parties shall share jointly and equally the expenses derived from organisational matters, including the remuneration and expenses of the panellists and of the mediator. The remuneration of the panellists shall be determined in accordance with Annex 38-A. The rules on the remuneration of the panellists laid down in Annex 38-A shall apply to mediators mutatis mutandis.



Article 38.35

Amendment of Annexes

The Joint Council may adopt a decision to amend Annexes 38-A and 38-B, pursuant to subparagraph (a) of Article 8.5(1).





CHAPTER 39



EXCEPTIONS



Article 39.1

General exceptions


1.   For the purposes of Chapters 9, 11, 15, 26 and 29 and Section B of Chapter 17 (141) of this Agreement, Article XX of GATT 1994, including its Notes and Supplementary Provisions, is incorporated into and made part of this Agreement, mutatis mutandis.


2.   Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on investment liberalisation or trade in services, nothing in Chapter 15, Chapters 18 to 27 (142), Chapter 29 or Section B of Chapter 17 (143) of this Agreement shall be construed as preventing the adoption or enforcement by either Party of measures:






(a)


necessary to protect public security or public morals or to maintain public order (144);










(b)


necessary to protect human, animal or plant life or health;










(c)


necessary to secure compliance with laws or regulations which are not inconsistent with this Part of this Agreement, including those relating to:






(i)


the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts;










(ii)


the protection of privacy in relation to the processing and dissemination of personal data, and the protection of the confidentiality of individual records and accounts; or










(iii)


safety.










3.   For greater certainty, the Parties understand that, to the extent that such measures are inconsistent with the provisions of the Chapters of this Part of this Agreement referred to in paragraphs 1 and 2 of this Article:






(a)


the measures referred to in subparagraph (b) of Article XX of GATT 1994 and in subparagraph (b) of paragraph 2 of this Article include environmental measures which are necessary to protect human, animal or plant life or health;










(b)


subparagraph (g) of Article XX of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources; and










(c)


measures taken to implement multilateral environmental agreements can fall under subparagraph (b) or (g) of Article XX of GATT 1994 or under subparagraph (b) of paragraph 2 of this Article.






4.   Before a Party applies any measure provided for in subparagraphs (i) and (j) of Article XX of GATT 1994, that Party shall provide the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. If an acceptable solution is not reached within 30 days of the provision of the relevant information, the Party intending to apply the measure may do so. Where exceptional and critical circumstances requiring immediate action prevent the prior provision and examination of information, the Party intending to apply the measures may immediately apply any precautionary measures necessary to address the situation. That Party shall inform the other Party immediately of the application of such measures.



Article 39.2

Security exceptions

Article 41.4 applies to this Part of this Agreement.


Article 39.3

Taxation


1.   For the purposes of this Article:






(a)


‘residence’ means residence for tax purposes;










(b)


‘tax agreement’ means an agreement on the avoidance of double taxation or any other international agreement or arrangement relating wholly or mainly to taxation to which any Member State, the European Union or Chile is a party; and










(c)


‘taxation measure’ means a measure applying the tax law of the European Union, of any Member State, or of Chile.






2.   This Part of this Agreement applies to taxation measures only in so far as their application is necessary to give effect to the provisions of this Part of this Agreement.


3.   Nothing in this Part of this Agreement shall affect the rights and obligations of either the European Union, or its Member States or Chile under any tax agreement. In the event of any inconsistency between this Part of this Agreement and any tax agreement, the tax agreement shall prevail to the extent of the inconsistency. With regard to a tax agreement between the European Union or its Member States and Chile, the relevant competent authorities, of the European Union or of its Member States, on the one hand, and of Chile, on the other hand, under this Part of this Agreement and that tax agreement, shall jointly determine whether an inconsistency exists between this Part of this Agreement and that tax agreement.


4.   Any most-favoured-nation obligation under this Part of this Agreement shall not apply with respect to an advantage accorded by the European Union, its Member States or Chile pursuant to a tax agreement.


5.   Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade and investment, nothing in this Part of this Agreement shall be construed as preventing the adoption, maintenance or enforcement by a Party of any measure aimed at ensuring the equitable or effective imposition or collection of direct taxes that:






(a)


distinguishes between taxpayers who are not in the same situation, in particular with regard to their place of residence or with regard to the place where their capital is invested; or










(b)


aims at preventing the avoidance or evasion of taxes under a tax agreement or fiscal law of that Party.







Article 39.4

Disclosure of information


1.   Nothing in this Part of this Agreement shall be construed as requiring a Party to make available confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private, except where a panel requires such confidential information in dispute settlement proceedings under Chapter 38. In such cases, the panel shall ensure that confidentiality is fully protected.


2.   When a Party submits information considered confidential under its law to the Joint Council, Joint Committee, Sub-Committees or other bodies established under this Agreement, the other Party shall treat that information as confidential, unless the submitting Party agrees otherwise.



Article 39.5

WTO waivers

If an obligation under this Part of this Agreement is substantially equivalent to an obligation under the WTO Agreement, any measure taken in conformity with a waiver adopted pursuant to Article IX of the WTO Agreement shall be deemed to be in conformity with the substantively equivalent obligation under this Part of this Agreement.





PART IV



GENERAL INSTITUTIONAL FRAMEWORK




CHAPTER 40



INSTITUTIONAL FRAMEWORK



Article 40.1

Joint Council


1.   The Parties hereby establish a Joint Council. The Joint Council shall oversee the fulfilment of the objectives of this Agreement and supervise its implementation. It shall examine any matters arising within the framework of this Agreement and any other bilateral or international issues of mutual interest.


2.   The Joint Council shall meet within a year of the date of entry into force of this Agreement, and thereafter on a biennial basis, or as otherwise agreed by the Parties. The meetings of the Joint Council shall take place in person or by any technological means in accordance with its rules of procedure. Meetings that take place in person shall be held in Brussels and Santiago alternately.


3.   The Joint Council shall be composed, for the EU Party, of representatives at ministerial level, and, for Chile, of the Minister of Foreign Affairs, or of their designees. When the Joint Council acts in trade configuration pursuant to Article 8.5, it shall be composed of representatives of the Parties with responsibility for trade and investment matters.


4.   The Joint Council shall have the power to adopt decisions in the cases provided for in this Agreement and to make recommendations, in accordance with its rules of procedure. The Joint Council shall adopt its decisions and make recommendations by mutual agreement. Decisions shall be binding on the Parties, which shall take all necessary measures to implement those decisions. Recommendations shall have no binding force.


5.   The Joint Council shall be co-chaired by a representative of each Party, in accordance with its rules of procedure, taking into consideration the specific issues to be addressed at any given session.


6.   The Joint Council shall establish its own rules of procedure and the rules of procedure of the Joint Committee at its first meeting.


7.   The Joint Council may delegate any of its functions to the Joint Committee, including the power to take binding decisions and to make recommendations.


8.   In addition to this Article, when the Joint Council is acting in trade configuration, Article 8.5 applies.



Article 40.2

Joint Committee


1.   The Parties hereby establish a Joint Committee. The Joint Committee shall assist the Joint Council in the performance of its functions.


2.   The Joint Committee shall be responsible for the general implementation of this Agreement. The circumstance that a matter or issue is being considered by the Joint Committee shall not prevent the Joint Council from also dealing with it.


3.   The Joint Committee shall meet within a year of the date of entry into force of this Agreement, and thereafter once a year, or as otherwise agreed by the Parties. The meetings of the Joint Committee shall take place in person or by any technological means in accordance with its rules of procedure. Meetings that take place in person shall be held in Brussels and Santiago alternately.


4.   The Joint Committee shall be composed of representatives of the Parties and it shall be co-chaired by a representative of each Party, in accordance with its rules of procedure, taking into consideration the specific issues to be addressed at any given session.


5.   When the Joint Committee acts in trade configuration pursuant to Article 8.6, it shall be composed of representatives of the Parties with responsibility for trade and investment matters.


6.   The Joint Committee shall have the power to adopt decisions in the cases provided for in this Agreement or when such power has been delegated to it by the Joint Council pursuant to Article 40.1(7). The Joint Committee shall also have the power to make recommendations, including when that power has been delegated to it pursuant to Article 40.1(7). The Joint Committee shall adopt its decisions and make recommendations by mutual agreement and in accordance with its rules of procedure. When exercising delegated functions, the Joint Committee shall adopt its decisions and make recommendations in accordance with the rules of procedure of the Joint Council. Decisions shall be binding on the Parties, which shall take all necessary measures to implement those decisions. Recommendations shall have no binding force.


7.   In addition to this Article, when the Joint Committee is acting in trade configuration, Article 8.6 applies.



Article 40.3

Sub-Committees and other bodies


1.   A Sub-Committee for Development and International Cooperation is hereby established to coordinate and supervise the implementation of cooperation activities undertaken in the areas referred to in Part II of this Agreement.


2.   Sub-Committees specific to Part III of this Agreement are established pursuant to Article 8.8.


3.   The Joint Council or the Joint Committee may adopt a decision to establish an additional Sub-Committee or other body. The Joint Council or the Joint Committee may assign to a Sub-Committee or other body established pursuant to this paragraph tasks within their respective competence to assist in the performance of their respective functions and to address specific tasks or subject matters. The Joint Council or the Joint Committee may change the tasks assigned to, or dissolve, any Sub-Committee or body established pursuant to this paragraph.


4.   Sub-Committees and other bodies shall be composed of representatives of the Parties and shall be co-chaired by a representative of each Party.


5.   Except as otherwise provided for in this Agreement or as otherwise agreed by the Parties, Sub-Committees shall meet within a year of their establishment and, thereafter, on request of either Party or of the Joint Council or the Joint Committee, at an appropriate level. Sub-Committees may also convene at their own initiative, subject to their respective rules of procedure. The meetings of the Sub-Committees shall take place in person or by any technological means in accordance with their respective rules of procedure. Meetings that take place in person shall be held in Brussels and Santiago alternately.


6.   Except as otherwise provided for in this Agreement, Sub-Committees and other bodies shall report on their activities to the Joint Committee regularly, as well as on request of the Joint Committee.


7.   The circumstance that a matter or issue is being considered by any of the Sub-Committees or other bodies shall not prevent the Joint Council or the Joint Committee from also dealing with it.


8.   The Joint Council or the Joint Committee may establish rules of procedure of the Sub-Committees and other bodies, if it deems it appropriate. If the Joint Council or the Joint Committee does not establish such rules of procedure, the rules of procedure for the Joint Committee shall apply mutatis mutandis.


9.   The Sub-Committees and other bodies may make recommendations, in accordance with their respective rules of procedure. The Sub-Committees and other bodies shall make recommendations by mutual agreement. Recommendations of the Sub-Committees and other bodies shall have no binding force.


10.   The Sub-Committee on Services and Investment, established pursuant to Article 8.8(1), may adopt decisions to make determinations in accordance with Article 17.39. The Sub-Committee on Financial Services, established pursuant to Article 8.8(1), may adopt decisions to make determinations in accordance with Article 25.20. Those Sub-Committees shall adopt such decisions by mutual agreement. Such decisions shall be binding on the Parties.



Article 40.4

Joint Parliamentary Committee


1.   A Joint Parliamentary Committee is hereby established. It shall be composed of Members of the European Parliament and Members of the Congress of Chile.


2.   The Joint Parliamentary Committee shall establish its own rules of procedure.


3.   The Joint Parliamentary Committee shall be a forum to meet and exchange views and to foster closer relations. It shall meet on a biannual basis.


4.   The Joint Parliamentary Committee shall be informed of the decisions and recommendations of the Joint Council.


5.   The Joint Parliamentary Committee may make recommendations to the Joint Council about the implementation of this Agreement.



Article 40.5

Participation of civil society

Each Party shall promote the participation of civil society in the implementation of this Agreement, in particular through interaction with the respective Domestic Consultative Group referred to in Article 40.6, and with the Civil Society Forum referred to in Article 40.7.


Article 40.6

Domestic Consultative Groups


1.   Each Party shall create or designate a Domestic Consultative Group within two years of the date of entry into force of this Agreement. Each Domestic Consultative Group shall comprise a balanced representation of independent civil society organisations, including non-governmental organisations, trade unions, and business and employers' organisations. For that purpose, each Party shall establish its own appointment rules in order to determine the composition of the respective Domestic Consultative Group, providing opportunities of access to actors from different sectors. The membership of each Domestic Consultative Group shall be renewed at periodic intervals, in accordance with the appointment rules established pursuant to this paragraph.


2.   Each Party shall meet with its respective Domestic Consultative Group at least once a year in order to discuss the implementation of this Agreement. Each Party may consider views or recommendations submitted by its respective Domestic Consultative Group.


3.   In order to promote public awareness of its respective Domestic Consultative Group, each Party shall publish a list of the organisations participating in its respective Domestic Consultative Group, as well as its contact information.


4.   The Parties shall promote interaction between the Domestic Consultative Groups, through appropriate means.



Article 40.7

Civil Society Forum


1.   The Parties shall promote the regular organisation of a Civil Society Forum to conduct a dialogue on the implementation of this Agreement.


2.   The Parties shall convene meetings of the Civil Society Forum by mutual agreement. When convening a meeting of the Civil Society Forum, each Party shall invite independent civil society organisations established in its territory, including the members of its respective Domestic Consultative Group referred to in Article 40.6. Each Party shall promote a balanced representation, allowing for the participation of non-governmental organisations, trade unions, and business and employers' organisations. Each organisation shall bear the costs associated with its participation in the Civil Society Forum.


3.   Representatives of the Parties participating in the Joint Council or in the Joint Committee shall, as appropriate, take part in the meetings of the Civil Society Forum. The Parties shall, jointly or individually, publish any formal statements made at the Civil Society Forum.





CHAPTER 41



GENERAL AND FINAL PROVISIONS



Article 41.1

Definition of the Parties

For the purposes of this Agreement:






(a)


‘Party’ means:






(i)


the European Union or its Member States or the European Union and its Member States in accordance with their respective areas of competence (the ‘EU Party’), or










(ii)


Chile; and














(b)


‘Parties’ means the EU Party and Chile.






Article 41.2

Territorial application


1.   This Agreement applies:






(a)


with respect to the EU Party, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied, and under the conditions laid down in those Treaties; and










(b)


with respect to Chile, to the land, maritime, and air space under its sovereignty, and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international law (145) and the law of Chile (146).




References to ‘territory’ in this Agreement shall be understood in accordance with this paragraph, except as otherwise expressly provided in this Agreement.


2.   As regards the provisions concerning the tariff treatment of goods, including rules of origin and the temporary suspension of such treatment, this Agreement also applies to those areas of the customs territory of the European Union within the meaning of Article 4 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (147) that are not covered by subparagraph (a) of paragraph 1 of this Article.



Article 41.3

Fulfilment of obligations


1.   Each Party shall take any general or specific measures required to fulfil its obligations under this Agreement.


2.   If a Party considers that the other Party has failed to fulfil any obligations under Part III of this Agreement, the specific mechanisms provided for in that Part shall apply.


3.   If either Party considers that the other Party has failed to fulfil any of the obligations that are described as essential elements in Article 1.2(2) or 2.2(1), it may take appropriate measures. For the purposes of this paragraph, ‘appropriate measures’ may include the suspension, in part or in full, of this Agreement.


4.   If a Party considers that the other Party has failed to fulfil any obligation under this Agreement, save those falling within the scope of paragraphs 2 and 3 of this Article, it shall notify the other Party. The Parties shall hold consultations under the auspices of the Joint Council with a view to reaching a mutually acceptable solution. The Joint Council shall endeavour to achieve a mutually acceptable solution as soon as possible. If the Joint Council has failed to achieve a mutually acceptable solution within 60 days of the date of notification, the notifying Party may take appropriate measures. For the purposes of this paragraph, appropriate measures may include the suspension only of Parts I, II and IV of this Agreement.


5.   Appropriate measures as referred to in paragraphs 3 and 4 of this Article shall be taken in full respect of international law and shall be proportionate to the failure to implement obligations under this Agreement. Priority must be given to those measures which least disturb the functioning of this Agreement.



Article 41.4

Security exceptions


1.   Nothing in this Agreement shall be construed:






(a)


to require a Party to furnish or provide access to any information the disclosure of which it considers contrary to its essential security interests; or










(b)


to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:






(i)


connected to the production of or traffic in arms, ammunition and implements of war and to such traffic and transactions in other goods and materials, services and technology, and to economic activities, as carried out directly or indirectly for the purposes of supplying a military establishment;










(ii)


relating to fissionable and fusionable materials or the materials from which they are derived; or










(iii)


taken in time of war or other emergency in international relations; or














(c)


to prevent a Party from taking any action pursuant to its obligations under the Charter of the United Nations for the maintenance of international peace and security.






2.   A Party shall inform the Joint Committee to the fullest extent possible of any action it takes under subparagraphs (b) and (c) of paragraph 1 and of the termination of that action.



Article 41.5

Entry into force and provisional application


1.   This Agreement shall enter into force on the first day of the third month following the date of the last notification by which the Parties inform each other of the completion of their respective internal procedures required for the entry into force of this Agreement.


2.   Notwithstanding paragraph 1, the Parties may apply this Agreement, wholly or in part, on a provisional basis, in accordance with their respective internal procedures.


3.   Provisional application shall begin on the first day of the second month following the date on which the Parties notify each other of the completion of their respective internal procedures, as necessary for that purpose, including Chile's confirmation of its agreement to provisionally apply the parts of this Agreement proposed by the EU Party.


4.   Either Party may notify the other, in writing, of its intention to terminate the provisional application of this Agreement. Provisional application shall cease on the first day of the second month following that notification.


5.   During the provisional application of this Agreement, the Joint Council and other bodies established under this Agreement may exercise their functions in relation to provisions subject to provisional application. Any decisions adopted in the exercise of their functions shall cease to be effective from the date on which the provisional application of this Agreement is terminated in accordance with paragraph 4. Past effects of decisions duly executed before that date shall not be affected.


6.   Where, in accordance with paragraphs 2 and 3, a provision of this Agreement is provisionally applied pending the entry into force of this Agreement, any reference in that provision to the date of entry into force of this Agreement shall be understood to refer to the date from which the Parties apply that provision in accordance with paragraph 3.


7.   Notifications made in accordance with this Article shall be sent, for the EU Party, to the Secretary-General of the Council of the European Union, and, for Chile, to the Ministry of Foreign Affairs.



Article 41.6

Amendments


1.   The Parties may agree, in writing, to amend this Agreement. Amendments shall enter into force in accordance with the provisions of Article 41.5, mutatis mutandis.


2.   Notwithstanding paragraph 1 of this Article, the Joint Council may adopt decisions to amend this Agreement in the cases referred to in subparagraph (a) of Article 8.5(1) and in Article 41.9(5).



Article 41.7

Other agreements


1.   The Association Agreement, including any decisions taken under its Institutional Framework, shall cease to have effect and be replaced by this Agreement upon the entry into force of this Agreement.


2.   The Interim Trade Agreement shall cease to have effect and be replaced by this Agreement upon the entry into force of this Agreement.


3.   References to the Association Agreement, including any decisions taken under its Institutional Framework, or to the Interim Trade Agreement in all other agreements and understandings between the Parties shall be construed as referring to this Agreement.


4.   The Parties may complement this Agreement by concluding specific agreements in any area of cooperation falling within the scope of Part II of this Agreement. Such specific agreements shall form an integral part of the overall bilateral relations as governed by this Agreement and shall be subject to a common institutional framework.


5.   Existing bilateral agreements relating to specific areas of cooperation falling within the scope of Part II of this Agreement shall be considered part of the overall bilateral relations as governed by this Agreement and shall be subject to a common institutional framework.


6.   Existing agreements falling within the scope of Part III of this Agreement shall cease to have effect upon the entry into force of this Agreement.


7.   Upon the entry into force of this Agreement, any recommendations or decisions adopted by the Trade Council established by the Interim Trade Agreement shall be deemed to have been adopted by the Joint Council established by Article 40.1 of this Agreement. Any recommendations or decisions adopted by the Trade Committee established by the Interim Trade Agreement shall be deemed to have been adopted by the Joint Committee established by Article 40.2 of this Agreement.


8.   Notwithstanding paragraph 2 of this Article:






(a)


temporary safeguard measures adopted pursuant to Article 20.5 of the Interim Trade Agreement, which are in place on the date of entry into force of this Agreement, shall remain applicable until their natural expiration;










(b)


bilateral safeguard measures adopted pursuant to Section C of Chapter 5 of the Interim Trade Agreement, which are in place on the date of entry into force of this Agreement, shall remain applicable until their natural expiration;










(c)


dispute settlement procedures already initiated pursuant to Article 26.22(1) or Article 31.5 of the Interim Trade Agreement shall, as from the date of entry into force of this Agreement, continue until their completion; and










(d)


the binding outcome of any dispute settlement procedure initiated pursuant to Article 26.22(1) or Article 31.5 of the Interim Trade Agreement shall remain binding on the Parties after the date of entry into force of this Agreement.






9.   The Parties shall not be able to bring dispute settlement proceedings under this Agreement on matters that have been the subject of a final panel report under Chapter 26 or Chapter 31 of the Interim Trade Agreement.


10.   Transition periods which have already completely or partially elapsed under the Interim Trade Agreement shall be taken into account when calculating transition periods provided for in equivalent provisions of this Agreement. Such transition periods under this Agreement shall be calculated starting from the date of entry into force of the Interim Trade Agreement.


11.   Procedural periods which have already completely or partially elapsed under the Interim Trade Agreement shall be taken into account when calculating procedural periods provided for in equivalent provisions of this Agreement.


12.   The Agreement on Trade in Wines in Annex V to the Association Agreement (‘Wine Agreement’) and the Agreement on Trade in Spirit Drinks and Aromatised Drinks in Annex VI to the Association Agreement (‘Spirits Agreement’) (148), including all appendices, are incorporated into and made part of this Agreement, mutatis mutandis and as follows:






(a)


references in the Wine Agreement and the Spirits Agreement to the dispute settlement mechanism referred to in Part IV of the Association Agreement, as well as to the Code of Conduct referred to in Annex XVI to the Association Agreement, are to be read as referring to the dispute settlement mechanism provided for in Chapter 38 and to the Code of Conduct provided for in Annex 38-B, respectively, of this Agreement;










(b)


references in the Wine Agreement and the Spirits Agreement to the Community are to be read as referring to the EU Party;










(c)


references in the Wine Agreement and the Spirits Agreement to the Association Committee established by the Association Agreement are to be read as referring to the Joint Committee, established pursuant to Article 40.2 of this Agreement, acting in trade configuration;










(d)


references in the Wine Agreement and the Spirits Agreement to Annex IV of the Association Agreement are to be read as references to Chapter 13 of this Agreement;










(e)


for greater certainty, the Joint Committee established by Article 30 of the Wine Agreement and the Joint Committee established by Article 17 of the Spirits Agreement are to remain in place, and are to continue exercising the functions indicated in Article 29 of the Wine Agreement and in Article 16 of the Spirits Agreement;










(f)


for greater certainty, Article 41.11(2) of this Agreement applies to the Wine Agreement and to the Spirits Agreement; and










(g)


the Wine Agreement and the Spirits Agreement as incorporated into this Agreement shall be understood to include any amendments to the Wine Agreement and the Spirits Agreement as incorporated into the Interim Trade Agreement.






13.   Any decision taken under the Institutional Framework of the Association Agreement concerning the Wine Agreement or the Spirits Agreement that is in force upon the entry into force of this Agreement shall be deemed to have been adopted by the Joint Committee, established pursuant to Article 40.2 of this Agreement, acting in trade configuration.


14.   The Parties may amend the appendices to the Wine Agreement and to the Spirits Agreement, as incorporated, by exchange of letters (149).



Article 41.8

Annexes, appendices, protocols, notes and footnotes

The annexes, appendices, protocols, notes and footnotes to this Agreement shall form an integral part thereof.


Article 41.9

Future accessions to the European Union


1.   The EU Party shall notify Chile of any request for accession of a third country to the European Union.


2.   The EU Party shall notify Chile of the date of the signature and of the entry into force of the accession treaty of a new Member State to the European Union (‘Accession Treaty’).


3.   A new Member State shall accede to this Agreement in accordance with the terms decided by the Joint Council. That accession shall take effect from the date of accession of the new Member State to the European Union.


4.   Notwithstanding paragraph 3 of this Article, Part III of this Agreement shall apply between the new Member State and Chile as from the date of accession of that new Member State to the European Union.


5.   In order to facilitate the implementation of paragraph 4 of this Article, as from the date of signature of an Accession Treaty, the Joint Committee shall examine any effects on this Agreement deriving from the accession of a new Member State to the European Union, pursuant to subparagraph (f) of Article 8.6(1). The Joint Council shall adopt a decision on any necessary amendments to the Annexes to this Agreement, and on any other necessary adaptations, including transitional measures. Any decision of the Joint Council adopted pursuant to this paragraph shall take effect on the date of accession of that new Member State to the European Union.



Article 41.10

Private rights


1.   Nothing in this Agreement shall be construed as directly conferring rights or imposing obligations on persons, other than rights or obligations created between the Parties under public international law, or as allowing this Agreement to be directly invoked in the legal systems of the Parties.


2.   A Party shall not provide for a right of action under the law of that Party against the other Party on the grounds that a measure of the other Party is inconsistent with this Agreement.



Article 41.11

References to laws and other agreements


1.   Unless otherwise provided, where reference is made in this Agreement to the laws and regulations of a Party, those laws and regulations shall be understood to include any amendments thereto.


2.   Unless otherwise provided for in this Agreement, where international agreements are referred to or incorporated, in whole or in part, into this Agreement, they shall be understood to include any amendments thereto or successor agreements which enter into force for both Parties on or after the date of signature of this Agreement.


3.   If any matter arises regarding the implementation or application of this Agreement as a result of any amendment or successor agreement as referred to in paragraph 2, the Parties may, on request of either Party, consult with each other with a view to finding a mutually satisfactory solution.



Article 41.12

Duration

This Agreement shall remain in force for an unlimited period.


Article 41.13

Termination

Notwithstanding Article 41.12, either Party may notify the other Party of its intention to terminate this Agreement. That notification shall be sent, for the EU Party, to the Secretary-General of the Council of the European Union and, for Chile, to the Ministry of Foreign Affairs. The termination shall take effect six months after the date of that notification.


Article 41.14

Authentic texts

This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.






IN WITNESS WHEREOF, the undersigned, duly authorised to this effect, have signed this Agreement.



















































(1)  To the extent that the matters covered by this Article are also covered by Chapter 14, the cooperation referred to in this Article will be conducted according to that Chapter.

(2)  For greater certainty, ‘measure’ includes omissions of a Party to take actions that are necessary to fulfil its obligations under this Agreement.

(3)  For greater certainty, the obligations of a Party under this Agreement shall apply to a State-owned enterprise or another person when it exercises any regulatory or administrative authority or other governmental authority delegated to it by that Party, such as the authority to expropriate, issue licences, approve commercial transactions or impose quotas, fees or other charges.

(4)  For greater certainty, if a Party claims that an entity is acting as referred to in subparagraph (iii), that Party bears the burden of proof and must at least provide solid indicia.

(5)  For the purposes of Chapters 17 to 27, the definition of a ‘natural person’ also includes a natural person permanently residing in the Republic of Latvia who is not a citizen of the Republic of Latvia or any other State but who is entitled, under the law of the Republic of Latvia, to receive a non-citizen passport.

(6)  For greater certainty, Chile will implement any decisions adopted by the Joint Council acting in trade configuration through acuerdos de ejecución (executive agreements), in accordance with Chilean law.

(7)  For greater certainty, Chile will implement any decisions adopted by the Joint Committee acting in trade configuration through acuerdos de ejecución (executive agreements), in accordance with Chilean law.

(8)  In the EU Party, the inward processing procedure as laid down in Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ EU L 269, 10.10.2013, p. 1) is used for the purposes of this paragraph.

(9)  For reference, ‘third country’ is defined in subparagraph (c) of Article 1.3.

(10)  

(11)  For greater certainty, ‘publication’ refers to making laws and regulations publicly available.

(12)  For greater certainty, the temporary admission of goods referred to in paragraphs 1 and 2 of this Article and brought into Chile from the European Union, shall not be subject to payment of the fee established in Article 107 of the Customs Ordinance of Chile (Ordenanza de Aduanas) contained in Decree 30 of the Ministry of Finance, Official Gazette, 4 June 2005, (Decreto con Fuerza de Ley 30 del Ministerio de Hacienda, Diario Oficial, 04 de junio de 2005).

(13)  For greater certainty, in the case of Chile, the ATA carnets shall be accepted as established by the Decree No 103 of 2004 of the Ministry of Foreign Affairs (Decreto No 103 de 2004 del Ministerio de Relaciones Exteriores), that enacts the ‘Convention on Temporary Admission’ and its Annexes A, B1, B2 and B3, with the reservations duly indicated, and its amendments thereof.

(14)  On the date of entry into force of this Agreement, the outermost regions of the European Union are: Guadeloupe, French Guiana, Martinique, Réunion, Mayotte, St. Martin, the Azores, Madeira and the Canary Islands. This Article also applies to a country or an overseas territory that changes its status into that of an outermost region by way of a decision of the European Council in accordance with the procedure set out in Article 355(6) of the Treaty on the Functioning of the European Union, as from the date of adoption of that decision. In the event that an outermost region of the European Union, following that procedure, ceases to be an outermost region, this Article shall cease to be applicable to that country or overseas territory as from the date of the decision of the European Council in that regard. The EU Party shall notify Chile of any change in the territories considered as outermost regions of the European Union.

(15)  For the EU Party, that application may be filed by one or more Member States on behalf of the domestic industry.

(16)  Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ EU L 95, 7.4.2017, p. 1).

(17)  Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ EU L 317, 23.11.2016, p. 4).

(18)  For greater certainty, this Article is without prejudice to Chapters 17, 18 and 29 and the schedules in Annexes 17-A to 17-C and 29, and does not apply to a right that results from granting an intellectual property right.

(19)  For greater certainty, this Article is without prejudice to Annex 29.

(20)  For greater certainty, in the event of any inconsistency between this Article and Chapters 17 and 18 and Annexes 17-A, 17-B and 17-C, those Chapters and Annexes shall prevail to the extent of the inconsistency.

(21)  For Chile, ‘assessment of environmental impact’ means the study of the environmental impact, as defined in Law 19.300 Title 1, Article 2, literal (i), or its successor, and as regulated by Article 11 of the same Law.

(22)  G/TBT/9, 13 November 2000, Annex 4.

(23)  Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ EU L 11, 15.1.2002, p. 4).

(24)  The term ‘acquisition’ is understood as including capital participation in a juridical person with a view to establishing or maintaining lasting economic links.

(25)  For greater certainty, whether a concession, licence, authorisation, permit or similar instrument has the characteristics of an investment depends, inter alia, on factors such as the nature and extent of the rights that the holder has under that Party's law.

(26)  For greater certainty, the shipping companies referred to in this definition are only considered as juridical persons of a Party with respect to their activities relating to the supply of maritime transport services.

(27)  In line with its notification of the Treaty establishing the European Community to the WTO (WT/REG39/1), the EU Party understands that the concept of ‘effective and continuous link’ with the economy of a Member State enshrined in Article 54 of the TFEU is equivalent to the concept of ‘substantive business operations’.

(28)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in Chile or a Member State and another port or point located in Chile or that same Member State, including on its continental shelf, as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in Chile or a Member State.

(29)  For greater certainty, air services or related services in support of air services include the following services: air transportation; services provided by using an aircraft whose primary purpose is not the transportation of goods or passengers, such as aerial fire-fighting flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, helicopter-lift for logging and construction, and other airborne agricultural, industrial and inspection services; the rental of aircraft with crew; and airport operation services.

(30)  Subparagraphs (a), (b) and (c) do not cover measures taken in order to limit the production of an agricultural or fishery product.

(31)  For greater certainty, whether treatment is accorded in ‘like situations’ requires a case-by-case, fact-based analysis and depends on the totality of the situations.

(32)  For greater certainty, whether treatment is accorded in ‘like situations’ requires a case-by-case, fact-based analysis and depends on the totality of the situations.

(33)  For greater certainty, the treatment accorded by a government of, or in, a Member State includes the regional and local level of government, when applicable.

(34)  For greater certainty, whether treatment is accorded in ‘like situations’ requires a case-by-case, fact-based analysis and depends on the totality of the situations.

(35)  For greater certainty, whether treatment is accorded in ‘like situations’ requires a case-by-case, fact-based analysis and depends on the totality of the situations.

(36)  A licence contract referred to in this subparagraph means a contract concerning the licensing of technology, production process, or other proprietary knowledge.

(37)  In the case of the EU Party, ‘subsidy’ includes ‘state aid’ as defined in European Union law.

(38)  In the case of the EU Party, the competent authorities entitled to order the actions referred to in this paragraph are the European Commission or a court or tribunal of a Member State, when applying European Union law on State aid.

(39)  For greater certainty, in determining whether a measure or series of measures constitute a breach of the obligation of fair and equitable treatment, the Tribunal shall take into account, inter alia, the following:






(i)


with regard to subparagraphs (a) and (b), whether the measure or series of measures involve gross misconduct that offends judicial propriety; the mere fact that an investor's challenge of the impugned measure in domestic proceeding has been rejected or dismissed or has otherwise failed does not in itself constitute a denial of justice as referred to in subparagraph (a);










(ii)


with regard to subparagraphs (c) and (d), whether the measure or series of measures were patently not founded on reason or fact or were patently founded on illegitimate grounds such as prejudice or bias; the mere illegality of, or a merely inconsistent or questionable application of, a policy or procedure does not in itself constitute manifest arbitrariness referred to in subparagraph (c), while a total and unjustified repudiation of a law or regulation, or a measure without reason, or a conduct that is specifically targeted to the investor or its covered investment with the purpose of causing damage are likely to constitute manifest arbitrariness or discrimination as referred to in subparagraphs (c) and (d);










(iii)


with regard to subparagraph (e), whether a Party acted ultra vires and whether the episodes of alleged coercion or harassment were repeated and sustained.





(40)  For greater certainty, full protection and security refers to a Party's obligations to act as may be reasonably necessary to protect physical security of investors and covered investments.

(41)  For greater certainty, the sole declaration of a state of national emergency does not in itself constitute a breach of this provision.

(42)  For greater certainty, this Article shall be interpreted in accordance with Annex 17-D.

(43)  For greater certainty, revocation of intellectual property rights referred to in this paragraph includes the cancellation or nullification of such rights, and limitation of intellectual property rights includes exceptions to such rights.

(44)  For greater certainty, this Article is subject to Annex 17-E.

(45)  A juridical person is: (a) owned by a person of the other Party if more than 50 per cent of the equity interest in it is beneficially owned by a person of that Party; (b) controlled by a person of the other Party if such person has the power to name a majority of its directors or otherwise to legally direct its actions.

(46)  For greater certainty, such funding may be provided directly or indirectly, to a disputing party, its affiliate or representative.

(47)  Any time limit referred to in Annex 17-H may be modified by agreement between the disputing parties.

(48)  For greater certainty, the EU Party shall make such determination solely based on the application of Regulation (EU) No 912/2014 of the European Parliament and of the Council of 23 July 2014 establishing a framework for managing financial responsibility linked to investor-to-state dispute settlement tribunals established by international agreements to which the European Union is party (OJ EU L 257, 28.8.2014, p. 121).

(49)  For greater certainty, the same loss or damage means loss or damage flowing from the same measure which the person seeks to recover in the same capacity as the claimant (e.g. if the claimant sues as a shareholder, this provision would cover a related person also pursuing recovery as a shareholder).

(50)  For greater certainty, the same loss or damage means loss or damage flowing from the same measure which the person seeks to recover in the same capacity as the claimant (e.g. if the claimant sues as a shareholder, this provision would cover a related person also pursuing recovery as a shareholder).

(51)  For greater certainty, the obligations referred to in this paragraph shall be based on legal commitments that the Parties have consented to.

(52)  The Joint Council shall, on request of a Party, issue binding interpretations pursuant to Article 17.38(6) to clarify the scope of international obligations that are referred to in this paragraph.

(53)  For greater certainty, the fact that a person receives an income from the government, or was formerly employed by the government, or has a family relationship with a government official, does not in itself render that person ineligible.

(54)  This recommendation is without prejudice to the ability of the Joint Committee to draw the attention of the President of the Appeal Tribunal to the behaviour of a Judge of the Tribunal or a Member of the Appeal Tribunal that may be inconsistent with the obligations set out in paragraph 1 and incompatible with their continued membership of the Tribunal or Appeal Tribunal.

(55)  As referred to in Article 17.25.

(56)  For greater certainty, confidential or protected information shall be understood as defined in and determined pursuant to Article 7 of the UNCITRAL Transparency Rules.

(57)  For greater certainty, this does not prevent a disputing party from requesting the Tribunal to revise an award or to interpret an award in accordance with the applicable rules on dispute settlement where this possibility is available under the applicable rules.

(58)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in Chile or a Member State and another port or point located in Chile or that same Member State, including on its continental shelf, as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in Chile or a Member State.

(59)  For greater certainty, air services or related services in support of air services include the following services: air transportation; services provided by using an aircraft whose primary purpose is not the transportation of goods or passengers, such as aerial fire-fighting flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, helicopter-lift for logging and construction, and other airborne agricultural, industrial and inspection services; the rental of aircraft with crew; and airport operation services.

(60)  For greater certainty, the shipping companies referred to in this definition are only considered as juridical persons of a Party with respect to their activities relating to the supply of maritime transport services.

(61)  In line with its notification of the Treaty establishing the European Community to the WTO (WT/REG39/1), the EU Party understands that the concept of ‘effective and continuous link’ with the economy of a Member State enshrined in Article 54 of the Treaty on the Functioning of the European Union is equivalent to the concept of ‘substantive business operations’.

(62)  This subparagraph does not cover the measures of a Party that limit inputs for the supply of services.

(63)  The contract to supply services referred to in this subparagraph shall comply with the requirements of the law of the Party where the contract is executed.

(64)  The contract to supply services referred to in this subparagraph shall comply with the requirements of the law of the Party where the contract is executed.

(65)  For greater certainty, this definition does not exclude managers who, while not directly performing tasks concerning the actual supply of the services, perform tasks, in the course of executing their duties as described in this definition, that are necessary for the provision of the services.

(66)  The recipient enterprise may be required to submit a training programme covering the duration of the stay for prior approval, demonstrating that the purpose of the stay is for training. For AT, CZ, DE, FR, ES, HU and LT, training must be linked to the university degree which has been obtained.

(67)  If the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether it is equivalent to a university degree required in its territory.

(68)  If the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether it is equivalent to a university degree required in its territory.

(69)  For greater certainty, as far as measures relating to technical standards are concerned, this Chapter applies only to those measures affecting trade in services.

(70)  For greater certainty, these criteria may include, inter alia, competence and the ability to supply a service or pursuit any other economic activity, including to do so in a manner consistent with a Party's regulatory requirements, such as health and environmental requirements. Competent authorities may assess the weight to be given to each criterion.

(71)  The term ‘relevant international organisations’ refers to international bodies whose membership is open to the relevant bodies of both Parties.

(72)  Authorisation fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.

(73)  For greater certainty, mutual recognition arrangements shall not lead to the automatic recognition of professional qualifications but shall set, in the mutual interest of the Parties, the conditions for the competent authorities granting recognition of such qualifications.

(74)  For greater certainty, telecommunications regulatory authority includes any authority charged by a Party with the enforcement of the obligations set out in this Chapter.

(75)  For greater certainty, this Article does not preclude a Party from authorising the provision of telecommunications networks or services upon simple notification without having to wait for a decision by the telecommunications regulatory authority.

(76)  Administrative fees do not include payments for rights to use scarce resources and mandated contributions to universal service provision.

(77)  For the purposes of this Article, ‘non-discriminatory’ means most-favoured-nation treatment and national treatment as defined in Articles 17.9, 17.11, 18.4 and 18.5, as well as under terms and conditions no less favourable than those accorded to any other user of like public telecommunications networks or services in like situations.

(78)  Subject to the exceptions provided in the laws and regulations of a Party.

(79)  In line with its notification of the Treaty establishing the European Community to the WTO (WT/REG39/1), the EU Party understands that the concept of ‘effective and continuous link’ with the economy of a Member State enshrined in Article 54 of the TFEU is equivalent to the concept of ‘substantive business operations’.

(80)  For greater certainty, whether treatment is accorded in ‘like situations’ requires a case-by-case, fact-based analysis and depends on the totality of the situations.

(81)  For greater certainty, whether treatment is accorded in ‘like situations’ requires a case-by-case, fact-based analysis and depends on the totality of the situations.

(82)  For greater certainty, the treatment accorded by a government of, or in, a Member State includes the regional and local level of government, when applicable.

(83)  For greater certainty, whether treatment is accorded in ‘like situations’ requires a case-by-case, fact-based analysis and depends on the totality of the situations.

(84)  For greater certainty, whether treatment is accorded in ‘like situations’ requires a case-by-case, fact-based analysis and depends on the totality of the situations.

(85)  Such criteria may include, inter alia, competence and the ability to supply a service, including the ability to do so in a manner consistent with the regulatory requirements of a Party. Competent authorities may assess the weight to be given to each criterion.

(86)  For the purposes of this Chapter, ‘authorisation’ means the permission to supply a financial service, resulting from a procedure to which an applicant must adhere in order to demonstrate compliance with licensing requirements or qualification requirements.

(87)  For greater certainty, competent authorities are not required to start considering applications outside of their official working hours and working days.

(88)  Such opportunity does not require a competent authority to provide extensions of deadlines.

(89)  Authorisation fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.

(90)  A service is provided online when it is provided by electronic means and without the persons being simultaneously present.

(91)  In the case of intermediary services suppliers, identity and contact details also includes the identity and contact details of the actual supplier of the good or the service.

(92)  For greater certainty, this Chapter is subject to Annex 17-E.

(93)  For greater certainty, serious balance of payments or external financial difficulties, or threat thereof, may be caused among other factors by serious difficulties related to monetary or exchange rate policies, or threat thereof.

(94)  For greater certainty, WTO official languages are English, Spanish and French.

(95)  Non-commercial activities may include carrying out a legitimate public service mandate or any activity directly related to the provision of national defence or public security.

(96)  During the first five years from the entry into force of this Agreement, the threshold will be of less than 200 million SDR.

(97)  For greater certainty, ‘commercial activities’ excludes activities undertaken by an enterprise, which operates on a non-profit basis or which operates on cost recovery basis.

(98)  For greater certainty, the granting of a licence to a limited number of enterprises in allocating a scarce resource in line with objective, proportionate and non-discriminatory criteria is not in and of itself a special right or privilege.

(99)  For the establishment of ownership or control, all relevant legal and factual elements shall be examined on a case-by-case basis.

(100)  For greater certainty, the impartiality with which the regulatory body exercises its regulatory functions is to be assessed by reference to a general pattern or practice of that regulatory body.

(101)  For greater certainty, for those sectors in which the Parties have agreed to specific obligations relating to the regulatory body in other Chapters of this Agreement, the relevant provisions in those other Chapters shall prevail.

(102)  For greater certainty, competition law in the European Union applies to the agricultural sector in accordance with Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ EU L 347, 20.12.2013, p. 671).

(103)  For the EU Party, the interlocutor is DG Competition of the European Commission.

(104)  For greater certainty, this Article does not prejudice the outcome of future discussions in the WTO or related plurilateral fora on the definition of subsidies for services.

(105)  For the purposes of this paragraph, indigenous people and their communities shall be understood as those defined in the law of each Party. For the EU Party, its law encompasses both European Union law and the law of each of its Member States.

(106)  
            ‘Economic emergency’ shall be understood as an economic event that causes a serious disturbance in the economy of a Party. For the EU Party, ‘the economy of a Party’ shall be understood as the economy of the European Union or of one or more of its Member States.

(107)  For greater certainty, when a Party has set up the appropriate legislative frameworks and administrative procedures to this effect, the obligation is considered to be fulfilled.

(108)  For the purposes of this paragraph, ‘protection’ includes matters affecting the availability, acquisition, scope, maintenance, and enforcement of intellectual property rights as well as matters affecting the use of intellectual property rights specifically addressed in this Chapter. Further, for the purposes of this paragraph, ‘protection’ also includes measures to prevent the circumvention of effective technological measures and measures concerning rights management information.

(109)  
            ‘Fixation’ means the embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device.

(110)  For greater certainty, nothing in this paragraph prevents a Party from determining the conditions under which this right may be exercised, in accordance with Article 13(d) of the Rome Convention.

(111)  Each Party may grant more extensive rights, as regards the broadcasting and communication to the public of phonograms published for commercial purposes, to performers and producers of phonograms.

(112)  For the purposes of this Article, ‘communication to the public’ does not include the making available to the public of a phonogram, by wire or wireless means, in such a way that members of the public may access the phonogram from a place and at a time individually chosen by them.

(113)  If a Party provides a special term of protection in cases in which a juridical person is designated as the right holder, the term of protection shall run for not less than 70 years after the work is lawfully made available to the public.

(114)  Notwithstanding this Article, for Chile the first paragraph of Article 36 of Law No 17.366 of 28 August 1970, as amended by Law No 21.045 of 13 October 2017 may continue to apply with respect to the calculation of royalties.

(115)  For greater certainty, ‘works or other subject matter’ does not apply to works or other subject matter for which the term of protection has expired.

(116)  Alternatively, a Party may make such use subject to it not being misleading or creating confusion among the relevant part of the public.

(117)  A trademark may also be liable to revocation if, after the date on which it was registered, as a consequence of the use made of it by the proprietor of the trademark or with his consent in respect of the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

(118)  References in this Chapter to designs shall be read as references to registered industrial designs.

(119)  The Union also grants protection to the unregistered design when it meets the requirements of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ EU L 3, 5.1.2002, p. 1).

(120)  A Party may provide in its laws that individual character of designs can also be required. The EU Party considers that a design has individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public.

(121)  As set out in Appendix 32-C-1, which contains terms for which protection is not sought.

(122)  Explanatory notes in Annex 32-C define the plants varieties and animal breeds the use of which shall not be prevented.

(123)  When a Party, in determining whether to add a new geographical indication, determines whether a term is the term customary in common language as the common name for the relevant good in its territory, a Party's authorities shall have the authority to take into account how consumers understand the term in the territory of that Party. Factors relevant to such consumer understanding may include: (a) whether the term is used to refer to the type of product in question, as indicated by competent sources such as dictionaries, newspapers and relevant websites; or (b) how the product referenced by the term is marketed and used in trade in the territory of that Party.

(124)  For the EU Party, the obligation under this Article is fulfilled by the Member States.

(125)  For the purposes of this Article, an unreasonable delay includes a delay of more than two years in the first substantive response to the applicant after the date of filing of the application for a marketing approval or sanitary permit. Any delays that occur in the granting of a marketing approval or sanitary permit due to periods attributable to the applicant or any period that is beyond the control of the authority processing the application for the marketing approval or of the sanitary registration authority need not be included in the determination of such delay.

(126)  This maximum duration is without prejudice to a possible further extension of the period of protection in the case of medicinal products for which pediatric studies have been carried out, and the results of those studies are reflected in the product information.

(127)  For Chile, the term ‘entities’ means ‘federations and associations’. For the EU Party, the term ‘entities’ means ‘professional defence bodies’.

(128)  For the purposes of this Article, a Party may provide that a ‘third party’ includes an intermediary.

(129)  A Party may choose between seizure and delivery up to implement this paragraph.

(130)  For the purposes of this Article, a Party may provide that a ‘third party’ includes an intermediary.

(131)  For the EU Party, this would also include, as appropriate, elements other than economic factors such as the moral prejudice caused to the right holder by the infringement.

(132)  For the purposes of this Chapter, the term ‘labour’ means the strategic objectives of the ILO under the Decent Work Agenda, which is expressed in the ILO Declaration on Social Justice for a Fair Globalization.

(133)  The term ‘illegal, unreported and unregulated fishing’ is to be understood to have the same meaning as set out in paragraph 3 of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing of the UN Food and Agricultural Organization, adopted in Rome, 2001 (‘2001 IUU Fishing Plan of Action’).

(134)  Those instruments include, among others, and as they may apply, the UN Convention on the Law of the Sea, the UN Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the FAO Code of Conduct for Responsible Fisheries, the FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, the 2001 IUU Fishing Plan of Action, and the FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.

(135)  The environmental and labour matters can be discussed in isolated sessions or in consecutive sessions.

(136)  For greater certainty, any reference to Chapter 33, or to environmental and labour issues or matters, in that Article shall be understood as referring to this Chapter, or gender issues or matters, as applicable.

(137)  For greater certainty, any reference to Chapter 33, or to environmental and labour issues, matters or laws, in those Articles shall be understood as referring to this Chapter, or gender issues, matters or laws related to these issues or matters, as applicable.

(138)  According to paragraph II.1 of presidential instruction No 3 of 2019 and its modifications.

(139)  The regulatory authority of each Party may determine what constitutes a major regulatory measure for the purposes of its obligations under this Chapter.

(140)  For greater certainty, this paragraph does not prevent a Party from undertaking targeted consultations with interested persons under conditions defined by its rules and procedures.

(141)  This provision does not apply to Article 17.10.

(142)  For greater certainty, nothing in this Article shall be construed as limiting the rights set out in Annex 17-E.

(143)  This provision does not apply to Article 17.10.

(144)  The exceptions set out in this subparagraph may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.

(145)  For greater certainty, international law includes, in particular, the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982.

(146)  For greater certainty, in case of an inconsistency between the law of Chile and international law, the latter shall prevail.

(147)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ EU L 269, 10.10.2013, p. 1).

(148)  For greater certainty, the date of signature and the date of entry into force of the Wine Agreement and the Spirits Agreement are the same as the date of signature and the date of entry into force of the Association Agreement.

(149)  For greater certainty, Chile will implement any amendments to the Wine Agreement and to the Spirits Agreement as incorporated into this Agreement through acuerdos de ejecución (executive agreements), in accordance with Chilean law.




ANNEX 9
TARIFF ELIMINATION SCHEDULES
SECTION A
GENERAL PROVISIONS








1.


For the purposes of this Annex, ‘year 0’ means the period beginning on the date of entry into force of this Agreement and ending on 31 December of the same calendar year. ‘Year 1’ will begin on 1 January following the date of entry into force of this Agreement, with each subsequent tariff reduction taking effect on 1 January of each subsequent year.












2.


For the purposes of this Annex, 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, signed in Brussels on 18 November 2002, as last modified by the Third Additional Protocol to that Agreement, signed in Brussels on 29 June 2017, is referred to as ‘the 2002 Association Agreement’.












3.


Originating goods not listed in a Party's schedule to this Annex will continue to receive duty-free treatment upon importation to that Party as agreed under the 2002 Association Agreement. For goods originating in Chile imported into the European Union, this concerns goods classified in Chapters 5, 6, 9, 14, 25 to 28, 30, 31, 32, 34, 36, 37 and 39 to 97, or headings 2901 to 2904, 2906 to 2942, 3301, 3303 to 3307, 3501, 3503, 3504, 3506, 3507, 3801 to 3808, 3810 to 3823, 3825 and 3826 of the Harmonized System (as amended on 1 January 2017). For goods originating in the European Union imported into Chile, this concerns goods classified in Chapters 1, 2, 5 to 9, 13, 14, 18, 20, 22 and 24 to 97 of the Harmonized System (as amended on 1 January 2017).












4.


For originating goods of the other Party set out in each Party's schedule to this Annex, the following staging categories apply to the reduction or elimination of customs duties pursuant to Article 9.5:






(a)


customs duties on originating goods provided for in the items in staging category ‘0’ in the tariff elimination schedule of a Party shall be duty-free as from the date of entry into force of this Agreement;










(b)


customs duties on originating goods provided for in the items in staging category ‘3’ in the tariff elimination schedule of a Party shall be eliminated in four equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as from 1 January of year 3;










(c)


customs duties on originating goods provided for in the items in staging category ‘5’ in the tariff elimination schedule of a Party shall be eliminated in six equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as from 1 January of year 5;










(d)


customs duties on originating goods provided for in the items in staging category ‘7’ in the tariff elimination schedule of a Party shall be eliminated in eight equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be duty-free as from 1 January of year 7;










(e)


customs duties on originating goods provided for in the items in staging category ‘7*’ in the tariff elimination schedule of Chile in Appendix 9-2 shall be eliminated in three equal annual stages beginning on 1 January of year 5, and such goods shall be duty-free as from 1 January of year 7;










(f)


the ad valorem component of the customs duties on originating goods provided for in the items in staging category ‘0+EP’ in the tariff elimination schedule of the EU Party in Appendix 9-1 shall be eliminated as from the date of entry into force of this Agreement; the tariff elimination shall apply to the ad valorem duty only; the specific duty on originating goods triggered in a situation where the import price falls below the entry price shall be maintained;










(g)


customs duties on originating goods provided for in relation to the items in staging category ‘E’ in the tariff elimination schedule of a Party shall be exempt from tariff elimination.
















5.


The base rate for determining the interim staged rate of customs duty for an item shall be the most-favoured-nation customs duty rate applied on 1 January 2018 or the preferential duty as set out in the 2002 Association Agreement, whichever is the lower.












6.


For the purpose of the elimination of customs duties pursuant to Article 9.5, interim staged duty rates shall be rounded down at least to the nearest tenth of a percentage point or, if the rate of duty is expressed in monetary units, at least to the nearest 0,01 of the official monetary unit of the Party.












7.


Where items are marked with a ‘TRQ’ notation in the tariff elimination schedule of a Party, the staging category applies to imports of goods outside the tariff rate quota specified in Section B.












8.


This Annex is based on the Harmonized System, as amended on 1 January 2017.




SECTION B
TARIFF RATE QUOTAS
For the administration in year 0 of the tariff rate quota (TRQ) established under this Annex, the Parties shall calculate the volume of that TRQ by discounting the pro-rated volume corresponding to the period from 1 January to the date of entry into force of this Agreement (1).
A Party opening TRQs to the other Party as referred to in this Annex shall administer those TRQs in a transparent, objective and non-discriminatory manner in accordance with its law. The Party opening the TRQs shall make publicly available, in a timely and continuous manner, all relevant information concerning quota administration, including the available volume and eligibility criteria.
Chile shall administer the TRQs set out in this Annex on a first-come-first-served basis.
The EU Party shall administer the TRQs set out in this Annex on a first-come-first-served basis or on the basis of a system of import or export licences operating in accordance with its law.
SUBSECTION 1
TARIFF RATE QUOTAS OF CHILE
1.   Cheese TRQ






(a)


Originating goods in the following aggregate annual quantities and provided for in items with the notation ‘TRQ-Cheese’ in the tariff elimination schedule of Chile in Appendix 9-2 and listed in subparagraph (c) of this paragraph shall be duty-free as from the date of entry into force of this Agreement (2).






Year


Aggregate annual quantity (metric tons)




0


2 850 




1


2 925 




2


3 000 




3


3 075 




4


3 150 




5


3 225 




6


3 300 














(b)


If this Agreement enters into force in 2024 or later, the aggregate annual quantities set out in subparagraph (a) shall be increased by 75 metric tons for each full calendar year elapsing between 1 January 2021 and 1 January of the year in which this Agreement enters into force (3).










(c)


This paragraph applies to originating goods classified in the following tariff items: 0406 10 10 , 0406 10 20 , 0406 10 30 , 0406 10 90 , 0406 20 00 , 0406 30 00 , 0406 40 00 , 0406 90 10 , 0406 90 20 , 0406 90 30 , 0406 90 40  and 0406 90 90 .










(d)


This TRQ shall be phased out after customs duties have been eliminated in accordance with the tariff elimination schedule of Chile in Appendix 9-2.




2.   Fisheries products TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-Fish’ in the tariff elimination schedule of Chile in Appendix 9-2 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 5 000 metric tonnes tons (product weight) as from the date of entry into force of this Agreement in years 0 to 2 (4).










(b)


This paragraph applies to originating goods classified in the following tariff items: 0302 54 11 , 0302 54 12 , 0302 54 13 , 0302 54 14 , 0302 54 15 , 0302 54 16 , 0302 54 19  and 0302 59 19 .










(c)


This TRQ shall be phased out after customs duties have been eliminated in accordance with the tariff elimination schedule of Chile in Appendix 9-2.




SUBSECTION 2
TARIFF RATE QUOTAS OF THE EU PARTY
1.   Bovine meat TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-BF’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (c) of this paragraph shall be duty-free in the aggregate annual quantity of 4 800 metric tons (product weight) as from the date of entry into force of this Agreement (5).










(b)


If this Agreement enters into force in 2022 or later, the aggregate annual quantity set out in subparagraph (a) shall be increased by 100 metric tons for each full calendar year elapsing between 1 January 2021 and 1 January of the year in which this Agreement enters into force (6).










(c)


This paragraph applies to originating goods classified in the following tariff items: 0201 10 00 , 0201 20 20 , 0201 20 30 , 0201 20 50 , 0201 20 90 , 0201 30 00 , 0202 10 00 , 0202 20 10 , 0202 20 30 , 0202 20 50 , 0202 20 90 , 0202 30 10 , 0202 30 50 , 0202 30 90 , 0206 10 95 , 0206 29 91 , 0210 20 10 , 0210 20 90 , 0210 99 51 , 1602 50 10  and 1602 90 61 .




2.   Pig meat TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-PK’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (c) of this paragraph shall be duty-free in the aggregate annual quantity of 19 800 metric tons (product weight) as from the date of entry into force of this Agreement (7).










(b)


If this Agreement enters into force in 2022 or later, the aggregate annual quantity set out in subparagraph (a) shall be increased by 350 metric tons for each full calendar year elapsing between 1 January 2021 and 1 January of the year in which this Agreement enters into force (8).










(c)


This paragraph applies to originating goods classified in the following tariff items: 0203 11 10 , 0203 12 11 , 0203 12 19 , 0203 19 11 , 0203 19 13 , 0203 19 15 , 0203 19 55 , 0203 19 59 , 0203 21 10 , 0203 22 11 , 0203 22 19 , 0203 29 11 , 0203 29 13 , 0203 29 15 , 0203 29 55 , 0203 29 59 , 1601 00 91 , 1601 00 99 , 1602 41 10 , 1602 42 10 , 1602 49 11 , 1602 49 13 , 1602 49 15 , 1602 49 19 , 1602 49 30 , 1602 49 50  and 1602 90 51 .




3.   Sheep meat TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-SP’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (c) of this paragraph shall be duty-free in the aggregate annual quantity of 9 600 metric tons (product weight) as from the date of entry into force of this Agreement (9).










(b)


If this Agreement enters into force in 2022 or later, the aggregate annual quantity set out in subparagraph (a) shall be increased by 200 metric tons for each full calendar year elapsing between 1 January 2021 and 1 January of the year in which this Agreement enters into force (10).










(c)


This paragraph applies to originating goods classified in tariff heading 0204.




4.   Poultry meat TRQ






(a)


Originating goods in the following aggregate annual quantities and provided for in items with the notation ‘TRQ-PY’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (c) of this paragraph shall be duty-free as from the date of entry into force of this Agreement (11).






Year


Aggregate annual quantity (metric tons, product weight)




0 to 2


29 300 




3 and each subsequent year


38 300 














(b)


If this Agreement enters into force in 2022 or later, the aggregate annual quantities set out in subparagraph (a) shall be increased by 725 metric tons for each full calendar year elapsing between 1 January 2021 and 1 January of the year in which this Agreement enters into force (12).










(c)


This paragraph applies to originating goods classified in the following tariff items: 0207 11 10 , 0207 11 30 , 0207 11 90 , 0207 12 10 , 0207 12 90 , 0207 13 10 , 0207 13 20 , 0207 13 30 , 0207 13 40 , 0207 13 50 , 0207 13 60 , 0207 13 70 , 0207 13 99 , 0207 14 10 , 0207 14 20 , 0207 14 30 , 0207 14 40 , 0207 14 50 , 0207 14 60 , 0207 14 70 , 0207 14 99 , 0207 24 10 , 0207 24 90 , 0207 25 10 , 0207 25 90 , 0207 26 10 , 0207 26 20 , 0207 26 30 , 0207 26 40 , 0207 26 50 , 0207 26 60 , 0207 26 70 , 0207 26 80 , 0207 26 99 , 0207 27 10 , 0207 27 20 , 0207 27 30 , 0207 27 40 , 0207 27 50 , 0207 27 60 , 0207 27 70 , 0207 27 80 , 0207 27 99 , 0207 41 20 , 0207 41 30 , 0207 41 80 , 0207 42 30 , 0207 42 80 , 0207 44 10 , 0207 44 21 , 0207 44 31 , 0207 44 41 , 0207 44 51 , 0207 44 61 , 0207 44 71 , 0207 44 81 , 0207 44 99 , 0207 45 10 , 0207 45 21 , 0207 45 31 , 0207 45 41 , 0207 45 51 , 0207 45 61 , 0207 45 71 , 0207 45 81 , 0207 45 99 , 0207 51 10 , 0207 51 90 , 0207 52 10 , 0207 52 90 , 0207 54 10 , 0207 54 21 , 0207 54 31 , 0207 54 41 , 0207 54 51 , 0207 54 61 , 0207 54 71 , 0207 54 81 , 0207 54 99 , 0207 55 10 , 0207 55 21 , 0207 55 31 , 0207 55 41 , 0207 55 51 , 0207 55 61 , 0207 55 71 , 0207 55 81 , 0207 55 99 , 0207 60 05 , 0207 60 10 , 0207 60 21 , 0207 60 31 , 0207 60 41 , 0207 60 51 , 0207 60 61 , 0207 60 81 , 0207 60 99 , 1602 32 11  and 1602 39 21 .




5.   Fish TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-Fish’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 250 metric tons as from the date of entry into force of this Agreement (13).










(b)


This paragraph applies to originating goods classified in the following tariff items: 1604 14 21 , 1604 14 26 , 1604 14 28 , 1604 14 31 , 1604 14 36 , 1604 14 38 , 1604 14 41 , 1604 14 46 , 1604 14 48 , 1604 19 31 , 1604 19 39  and 1604 20 70 .




6.   Eggs and egg products TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-EG’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 500 metric tons (shell egg equivalent) as from the date of entry into force of this Agreement.










(b)


This paragraph applies to originating goods classified in the following tariff items: 0407 11 00 , 0407 19 11 , 0407 19 19 , 0407 21 00 , 0407 29 10 , 0407 90 10 , 0408 11 80 , 0408 19 81 , 0408 19 89 , 0408 91 80 , 0408 99 80 , 3502 11 90  and 3502 19 90 .




7.   Garlic TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-GC’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 2 000 metric tons as from the date of entry into force of this Agreement (14).










(b)


This paragraph applies to originating goods classified in tariff item 0703 20 00 .




8.   Starch and starch derivatives TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-SH’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 300 metric tons as from the date of entry into force of this Agreement.










(b)


This paragraph applies to originating goods classified in the following tariff items: 1108 11 00 , 1108 12 00 , 1108 13 00 , 1108 14 00 , 1108 19 10 , 1108 19 90 , 1109 00 00 , 2905 43 00 , 2905 44 11 , 2905 44 19 , 2905 44 91 , 2905 44 99 , 3505 10 10 , 3505 10 90 , 3824 60 11 , 3824 60 19 , 3824 60 91  and 3824 60 99 .




9.   Olive oil TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-OL’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 11 000 metric tons as from the date of entry into force of this Agreement.










(b)


This paragraph applies to originating goods classified in the following tariff items: 1509 10 10 , 1509 10 20 , 1509 10 80 , 1509 90 00 , 1510 00 10  and 1510 00 90 .




10.   High sugar content products TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-SR’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 1 000 metric tons as from the date of entry into force of this Agreement.










(b)


This paragraph applies to originating goods classified in the following tariff items: 1702 30 10 , 1702 30 50 , 1702 30 90 , 1702 40 10 , 1702 40 90 , 1702 50 00 , 1702 60 10 , 1702 60 80 , 1702 60 95 , 1702 90 30 , 1704 90 99 , 1806 10 30 , 1806 10 90 , 1806 20 95 , 1901 90 95 , 1901 90 99 , 2006 00 31 , 2006 00 38 , 2007 91 10 , 2101 12 98 , 2101 20 98 , ex 2106 90 98  and 3302 10 29 .
In years 0 to 6, this paragraph shall apply also to originating goods classified in the following tariff items: 1702 90 50 , 1702 90 71 , 1702 90 75 , 1702 90 79 , 1702 90 80 , 1702 90 95 , 2106 90 30 , 2106 90 55  and 2106 90 59 .




11.   Processed cereals TRQ






(a)


Originating goods in the following aggregate annual quantities and provided for in items with the notation ‘TRQ-PC’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (c) of this paragraph shall be duty-free as from the date of entry into force of this Agreement (15).






Year


Aggregate annual quantity (metric tons)




0


1 900 




1


1 950 




2


2 000 














(b)


If this Agreement enters into force in 2022 or later, the aggregate annual quantity set out in subparagraph (a) shall be increased by 50 metric tons for each full calendar year elapsing between 1 January 2021 and 1 January of the year in which this Agreement enters into force (16).










(c)


This paragraph applies to originating goods classified in tariff heading 1104.










(d)


This TRQ shall be phased out after customs duties have been eliminated in accordance with the tariff elimination schedule of the EU Party in Appendix 9-1.




12.   Sugar confectionery TRQ






(a)


Originating goods in the following aggregate annual quantities and provided for in items with the notation ‘TRQ-SRa’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free as from the date of entry into force of this Agreement (17).






Year


Aggregate annual quantity (metric tons)




0 to 2


400














(b)


This paragraph applies to originating goods classified in the following tariff items: 1704 10 10 , 1704 10 90 , 1704 90 10 , 1704 90 30 , 1704 90 51 , 1704 90 55 , 1704 90 61 , 1704 90 65 , 1704 90 71 , 1704 90 75  and 1704 90 81 .










(c)


This TRQ shall be phased out after customs duties have been eliminated in accordance with the tariff elimination schedule of the EU Party in Appendix 9-1.




13.   Chocolate TRQ






(a)


Originating goods in the following aggregate annual quantities and provided for in items with the notation ‘TRQ-SRb’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free as from the date of entry into force of this Agreement (18).






Year


Aggregate annual quantity (metric tons)




0 to 2


400














(b)


This paragraph applies to originating goods classified in the following tariff items: 1806 20 10 , 1806 20 30 , 1806 20 50 , 1806 20 70 , 1806 20 80 , 1806 31 00 , 1806 32 10 , 1806 32 90 , 1806 90 11 , 1806 90 19 , 1806 90 31 , 1806 90 39 , 1806 90 50 , 1806 90 60 , 1806 90 70  and 1806 90 90 .










(c)


This TRQ shall be phased out after customs duties have been eliminated in accordance with the tariff elimination schedule of the EU Party in Appendix 9-1.




14.   Sweet biscuits and waffles TRQ






(a)


Originating goods in the following aggregate annual quantities and provided for in items with the notation ‘TRQ-BS’ in the tariff elimination schedule of the EU Party and listed in subparagraph (b) shall be duty-free as from the entry into force of this Agreement (19).






Year


Aggregate annual quantity (metric tons)




0 to 2


500














(b)


This paragraph applies to originating goods classified in the following tariff items: 1905 31 11 , 1905 31 19 , 1905 31 30 , 1905 31 91 , 1905 31 99 , 1905 32 05 , 1905 32 11 , 1905 32 19 , 1905 32 91 , 1905 32 99  and 1905 90 45 .










(c)


This TRQ shall be phased out after customs duties have been eliminated in accordance with the tariff elimination schedule of the EU Party in Appendix 9-1.




15.   Prepared mushrooms TRQ






(a)


Originating goods in the following aggregate annual quantities and provided for in items with the notation ‘TRQ-MS’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (c) of this paragraph shall be duty-free as from the entry into force of this Agreement (20).






Year


Aggregate annual quantity (metric tons)




0


950




1


975




2


1 000 




3


1 025 




4


1 050 




5


1 075 




6


1 100 














(b)


If this Agreement enters into force in 2022 or later, the aggregate annual quantity set out in subparagraph (a) shall be increased by 25 metric tons for each full calendar year elapsing between 1 January 2021 and 1 January of the year in which this Agreement enters into force (21).










(c)


This paragraph applies to originating goods classified in tariff items 2003 10 20  and 2003 10 30 .










(d)


This TRQ shall be phased out after customs duties have been eliminated in accordance with the tariff elimination schedule of the EU Party in Appendix 9-1.




16.   Sweet corn TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-SC’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 800 metric tons as from the date of entry into force of this Agreement.










(b)


This paragraph applies to originating goods classified in the following tariff items: 2001 90 30 , 2004 90 10  and 2005 80 00 .




17.   Apple juice TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-AJ’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 2 000 metric tons as from the date of entry into force of this Agreement.










(b)


This paragraph applies to originating goods classified in the following tariff items: 2009 79 11  and 2009 79 91 .




18.   Fruit preparations TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-FP’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 10 000 metric tons as from the date of entry into force of this Agreement.










(b)


This paragraph applies to originating goods classified in the following tariff items: 2007 10 10 , 2007 91 30 , 2007 99 20 , ex 2007 99 31 , ex 2007 99 33 , ex 2007 99 39 , 2008 30 19  and 2008 40 19 .




19.   Ethanol TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-EL’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 2 000 metric tons as from the date of entry into force of this Agreement.










(b)


This paragraph applies to originating goods classified in the following tariff items: 2207 10 00  and 2207 20 00 .




20.   Rum TRQ






(a)


Originating goods provided for in items with the notation ‘TRQ-RM’ in the tariff elimination schedule of the EU Party in Appendix 9-1 and listed in subparagraph (b) of this paragraph shall be duty-free in the aggregate annual quantity of 500 hectolitres (equivalent pure alcohol) as from the date of entry into force of this Agreement.










(b)


This paragraph applies to originating goods classified in the following tariff items: 2208 40 11 , 2208 40 39 , 2208 40 51  and 2208 40 99 .












21.


With respect to the TRQ set out in paragraph 6, the following conversion factors shall be used to convert product weight into shell egg equivalent:







Tariff line


Tariff line description (for illustrative purposes only)


Conversion factor




0407 11 00 


Fertilised eggs for incubation, of domestic fowls


100 %




0407 19 11 


Fertilised eggs for incubation, of domestic turkeys or domestic geese


100 %




0407 19 19 


Fertilised poultry eggs for incubation (excl. of turkeys, geese and fowls)


100 %




0407 21 00 


Fresh eggs of domestic fowls, in shell (excl. fertilised for incubation)


100 %




0407 29 10 


Fresh poultry eggs, in shell (excl. of fowls, and fertilised for incubation)


100 %




0407 90 10 


Poultry eggs, in shell, preserved or cooked


100 %




0408 11 80 


Egg yolks, dried, for human consumption, whether or not containing added sugar or other sweetening matter


246 %




0408 19 81 


Egg yolks, liquid, suitable for human consumption, whether or not containing added sugar or other sweetening matter


116 %




0408 19 89 


Egg yolks (other than liquid), frozen or otherwise preserved, suitable for human consumption, whether or not containing added sugar or other sweetening matter (excl. dried)


116 %




0408 91 80 


Dried birds' eggs, not in shell, whether or not containing added sugar or other sweetening matter, suitable for human consumption (excl. egg yolks)


452 %




0408 99 80 


Birds' eggs, not in shell, fresh, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter, suitable for human consumption (excl. dried and egg yolks)


116 %




3502 11 90 


Egg albumin, dried (e.g. in sheets, scales, flakes, powder), fit for human consumption


856 %




3502 19 90 


Egg albumin, fit for human consumption (excl. dried, e.g. in sheets, flakes, crystals, powder)


116 %










(1)  For greater certainty, the volume available for year 0 shall be calculated by multiplying the conceded volume corresponding to year 0 (as set out in this Annex) by a fraction, the numerator of which shall be the remaining number of days of year 0, and the denominator of which shall be the total number of days of the calendar year on which year 0 falls (365 or 366, as appropriate).

(2)  This TRQ shall replace the TRQ of 1 500 metric tons (initial volume) set out in Section 1, paragraph 1 of Annex II to the 2002 Association Agreement.

(3)  For greater certainty, this provision is intended to reflect the annual volume increase set out in the 2002 Association Agreement, until the date of entry into force of this Agreement.

(4)  This TRQ shall replace the TRQ of 5 000 metric tons (initial volume) set out in Section 1, subparagraph (a) of paragraph 3 of Annex II to the 2002 Association Agreement.

(5)  This TRQ shall replace the TRQ of 1 000 metric tons (initial volume) set out in Section 1, subparagraph (a) of paragraph 1 of Annex I to the 2002 Association Agreement. On the date of entry into force of this Agreement, the annual increase of 10 % of the initial quantity set out in Section 1, paragraph 1 of Annex I to the 2002 Association Agreement shall be eliminated.

(6)  For greater certainty, this provision is intended to reflect the annual volume increase set out in the 2002 Association Agreement, until the date of entry into force of this Agreement.

(7)  This TRQ shall replace the TRQ of 3 500 metric tons (initial volume) and 1 000 metric tons added following accession of Croatia to the European Union set out in Section 1, subparagraphs (b) and (e) of paragraph 1 of Annex I to the 2002 Association Agreement, respectively. On the date of entry into force of this Agreement, the annual increase of 10 % of the initial quantity set out in Section 1, paragraph 1 of Annex I to the 2002 Association Agreement shall be eliminated.

(8)  For greater certainty, this provision is intended to reflect the annual volume increase set out in the 2002 Association Agreement, until the date of entry into force of this Agreement.

(9)  This TRQ shall replace the TRQ of 2 000 metric tons (initial volume) set out in Section 1, subparagraph (c) of paragraph 1, of Annex I to the 2002 Association Agreement. On the date of entry into force of this Agreement, the annual increase of 10 % of the initial quantity set out in Section 1, paragraph 1 of Annex I to the 2002 Association Agreement shall be eliminated.

(10)  For greater certainty, this provision is intended to reflect the annual volume increase set out in the 2002 Association Agreement, until the date of the entry into force of this Agreement.

(11)  This TRQ shall replace the TRQ of 7 250 metric tons (initial volume) set out in Section 1, subparagraph (d) of paragraph 1, of Annex I to the 2002 Association Agreement. On the date of entry into force of this Agreement, the annual increase of 10 % of the initial quantity set out in Section 1, paragraph 1, of Annex I to the 2002 Association Agreement shall be eliminated.

(12)  For greater certainty, this provision is intended to reflect the annual volume increase set out in the 2002 Association Agreement, until the date of entry into force of this Agreement.

(13)  This TRQ shall replace the TRQ of 150 metric tons set out in Section 1, paragraph 5, of Annex I to the 2002 Association Agreement.

(14)  This TRQ shall replace the TRQ of 500 metric tons (initial volume) and 30 metric tons (initial volume), added following the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, set out in Section 1, subparagraph (b) of paragraph 2, of Annex I to the 2002 Association Agreement. On the date of entry into force of this Agreement, the annual increase of 5 % of the initial quantity set out in paragraph 2 of Annex I to the 2002 Association Agreement shall be eliminated.

(15)  This TRQ shall replace the TRQ of 1 000 metric tons (initial volume) set out in Section 1, subparagraph (c) of paragraph 2, of Annex I to the 2002 Association Agreement.

(16)  For greater certainty, this provision is intended to reflect the annual volume increase set out in the 2002 Association Agreement, until the date of entry into force of this Agreement.

(17)  This TRQ shall replace the TRQ of 400 metric tons set out in Section 1, subparagraph (a) of paragraph 3, of Annex I to the 2002 Association Agreement.

(18)  This TRQ shall replace the TRQ of 400 metric tons set out in Section 1, subparagraph (b) of paragraph 3, of Annex I to the 2002 Association Agreement.

(19)  This TRQ shall replace the TRQ of 500 metric tons set out in Section 1, subparagraph (c) of paragraph 3 of Annex I to the 2002 Association Agreement.

(20)  This TRQ shall replace the TRQ of 500 metric tons (initial volume) set out in Section 1, subparagraph (d) of paragraph 2 of Annex I to the 2002 Association Agreement.

(21)  For greater certainty, this provision is intended to reflect the annual volume increase set out in the 2002 Association Agreement, until the date of entry into force of this Agreement.



Appendix 9-1
TARIFF SCHEDULE OF THE EU PARTY






Note 1:


The scope of products in this list is determined by CN codes as set out in Commission Implementing Regulation (EU) 2020/1577 (1).










Note 2:


Goods originating in Chile imported into the EU Party and classified in a tariff item with an annotation referring to this Note will continue to receive duty free treatment as agreed under the 2002 Association Agreement.










Note 3:


The Entry Price System is set out in Annex 2 to the Combined nomenclature in Annex I to Implementing Regulation (EU) 2020/1577.













Tariff item (CN 2021)


Description (see Note 1)


Base rate


Staging category


Notes




0101 21 00 


-- Pure-bred breeding animals


0


0


See Note 2




0101 29 10 


--- For slaughter


0


0


See Note 2




0101 29 90 


--- Other


0


0


See Note 2




0101 30 00 


- Asses


0


0


See Note 2




0101 90 00 


- Other


0


0


See Note 2




0102 21 10 


--- Heifers (female bovines that have never calved)


0


0


See Note 2




0102 21 30 


--- Cows


0


0


See Note 2




0102 21 90 


--- Other


0


0


See Note 2




0102 29 05 


--- Of the sub-genus Bibos or of the sub-genus Poephagus



0


0


See Note 2




0102 29 10 


---- Of a weight not exceeding 80 kg


10,2  + 93,1  EUR/100 kg


7


 




0102 29 21 


----- For slaughter


10,2  + 93,1  EUR/100 kg


7


 




0102 29 29 


----- Other


10,2  + 93,1  EUR/100 kg


7


 




0102 29 41 


----- For slaughter


10,2  + 93,1  EUR/100 kg


7


 




0102 29 49 


----- Other


10,2  + 93,1  EUR/100 kg


7


 




0102 29 51 


------ For slaughter


10,2  + 93,1  EUR/100 kg


7


 




0102 29 59 


------ Other


10,2  + 93,1  EUR/100 kg


7


 




0102 29 61 


------ For slaughter


10,2  + 93,1  EUR/100 kg


7


 




0102 29 69 


------ Other


10,2  + 93,1  EUR/100 kg


7


 




0102 29 91 


------ For slaughter


10,2  + 93,1  EUR/100 kg


7


 




0102 29 99 


------ Other


10,2  + 93,1  EUR/100 kg


7


 




0102 31 00 


-- Pure-bred breeding animals


0


0


See Note 2




0102 39 10 


--- Domestic species


10,2  + 93,1  EUR/100 kg


7


 




0102 39 90 


--- Other


0


0


See Note 2




0102 90 20 


-- Pure-bred breeding animals


0


0


See Note 2




0102 90 91 


--- Domestic species


10,2  + 93,1  EUR/100 kg


7


 




0102 90 99 


--- Other


0


0


See Note 2




0103 10 00 


- Pure-bred breeding animals


0


0


See Note 2




0103 91 10 


--- Domestic species


41,2  EUR/100 kg


7


 




0103 91 90 


--- Other


0


0


See Note 2




0103 92 11 


---- Sows having farrowed at least once, of a weight of not less than 160 kg


35,1  EUR/100 kg


7


 




0103 92 19 


---- Other


41,2  EUR/100 kg


7


 




0103 92 90 


--- Other


0


0


See Note 2




0104 10 10 


-- Pure-bred breeding animals


0


0


See Note 2




0104 10 30 


--- Lambs (up to a year old)


80,5  EUR/100 kg


7


 




0104 10 80 


--- Other


80,5  EUR/100 kg


7


 




0104 20 10 


-- Pure-bred breeding animals


0


0


See Note 2




0104 20 90 


-- Other


80,5  EUR/100 kg


7


 




0105 11 11 


---- Laying stocks


52 EUR/1 000  p/st


7


 




0105 11 19 


---- Other


52 EUR/1 000  p/st


7


 




0105 11 91 


---- Laying stocks


52 EUR/1 000  p/st


7


 




0105 11 99 


---- Other


52 EUR/1 000  p/st


7


 




0105 12 00 


-- Turkeys


152 EUR/1 000  p/st


7


 




0105 13 00 


-- Ducks


52 EUR/1 000  p/st


7


 




0105 14 00 


-- Geese


152 EUR/1 000  p/st


7


 




0105 15 00 


-- Guinea fowls


52 EUR/1 000  p/st


7


 




0105 94 00 


-- Fowls of the species Gallus domesticus



20,9  EUR/100 kg


7


 




0105 99 10 


--- Ducks


32,3  EUR/100 kg


7


 




0105 99 20 


--- Geese


31,6  EUR/100 kg


7


 




0105 99 30 


--- Turkeys


23,8  EUR/100 kg


7


 




0105 99 50 


--- Guinea fowls


34,5  EUR/100 kg


7


 




0106 11 00 


-- Primates


0


0


See Note 2




0106 12 00 


-- Whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia)


0


0


See Note 2




0106 13 00 


-- Camels and other camelids (Camelidae)


0


0


See Note 2




0106 14 10 


--- Domestic rabbits


0


0


See Note 2




0106 14 90 


--- Other


0


0


See Note 2




0106 19 00 


-- Other


0


0


See Note 2




0106 20 00 


- Reptiles (including snakes and turtles)


0


0


See Note 2




0106 31 00 


-- Birds of prey


0


0


See Note 2




0106 32 00 


-- Psittaciformes (including parrots, parakeets, macaws and cockatoos)


0


0


See Note 2




0106 33 00 


-- Ostriches; emus (Dromaius novaehollandiae)


0


0


See Note 2




0106 39 10 


--- Pigeons


0


0


See Note 2




0106 39 80 


--- Other


0


0


See Note 2




0106 41 00 


-- Bees


0


0


See Note 2




0106 49 00 


-- Other


0


0


See Note 2




0106 90 00 


- Other


0


0


See Note 2




0201 10 00 


- Carcases and half-carcases


12,8  + 176,8  EUR/100 kg


E


TRQ-BF




0201 20 20 


-- ‘Compensated’ quarters


12,8  + 176,8  EUR/100 kg


E


TRQ-BF




0201 20 30 


-- Unseparated or separated forequarters


12,8  + 141,4  EUR/100 kg


E


TRQ-BF




0201 20 50 


-- Unseparated or separated hindquarters


12,8  + 212,2  EUR/100 kg


E


TRQ-BF




0201 20 90 


-- Other


12,8  + 265,2  EUR/100 kg


E


TRQ-BF




0201 30 00 


- Boneless


12,8  + 303,4  EUR/100 kg


E


TRQ-BF




0202 10 00 


- Carcases and half-carcases


12,8  + 176,8  EUR/100 kg


E


TRQ-BF




0202 20 10 


-- ‘Compensated’ quarters


12,8  + 176,8  EUR/100 kg


E


TRQ-BF




0202 20 30 


-- Unseparated or separated forequarters


12,8  + 141,4  EUR/100 kg


E


TRQ-BF




0202 20 50 


-- Unseparated or separated hindquarters


12,8  + 221,1  EUR/100 kg


E


TRQ-BF




0202 20 90 


-- Other


12,8  + 265,3  EUR/100 kg


E


TRQ-BF




0202 30 10 


-- Forequarters, whole or cut into a maximum of five pieces, each quarter being in a single block; ‘compensated’ quarters in two blocks, one of which contains the forequarter, whole or cut into a maximum of five pieces, and the other, the hindquarter, excluding the tenderloin, in one piece


12,8  + 221,1  EUR/100 kg


E


TRQ-BF




0202 30 50 


-- Crop, chuck-and-blade and brisket cuts


12,8  + 221,1  EUR/100 kg


E


TRQ-BF




0202 30 90 


-- Other


12,8  + 304,1  EUR/100 kg


E


TRQ-BF




0203 11 10 


--- Of domestic swine


53,6  EUR/100 kg


E


TRQ-PK




0203 11 90 


--- Other


0


0


See Note 2




0203 12 11 


---- Hams and cuts thereof


77,8  EUR/100 kg


E


TRQ-PK




0203 12 19 


---- Shoulders and cuts thereof


60,1  EUR/100 kg


E


TRQ-PK




0203 12 90 


--- Other


0


0


See Note 2




0203 19 11 


---- Fore-ends and cuts thereof


60,1  EUR/100 kg


E


TRQ-PK




0203 19 13 


---- Loins and cuts thereof, with bone in


86,9  EUR/100 kg


E


TRQ-PK




0203 19 15 


---- Bellies (streaky) and cuts thereof


46,7  EUR/100 kg


E


TRQ-PK




0203 19 55 


----- Boneless


86,9  EUR/100 kg


E


TRQ-PK




0203 19 59 


----- Other


86,9  EUR/100 kg


E


TRQ-PK




0203 19 90 


--- Other


0


0


See Note 2




0203 21 10 


--- Of domestic swine


53,6  EUR/100 kg


E


TRQ-PK




0203 21 90 


--- Other


0


0


See Note 2




0203 22 11 


---- Hams and cuts thereof


77,8  EUR/100 kg


E


TRQ-PK




0203 22 19 


---- Shoulders and cuts thereof


60,1  EUR/100 kg


E


TRQ-PK




0203 22 90 


--- Other


0


0


See Note 2




0203 29 11 


---- Fore-ends and cuts thereof


60,1  EUR/100 kg


E


TRQ-PK




0203 29 13 


---- Loins and cuts thereof, with bone in


86,9  EUR/100 kg


E


TRQ-PK




0203 29 15 


---- Bellies (streaky) and cuts thereof


46,7  EUR/100 kg


E


TRQ-PK




0203 29 55 


----- Boneless


86,9  EUR/100 kg


E


TRQ-PK




0203 29 59 


----- Other


86,9  EUR/100 kg


E


TRQ-PK




0203 29 90 


--- Other


0


0


See Note 2




0204 10 00 


- Carcases and half-carcases of lamb, fresh or chilled


12,8  + 171,3  EUR/100 kg


E


TRQ-SP




0204 21 00 


-- Carcases and half-carcases


12,8  + 171,3  EUR/100 kg


E


TRQ-SP




0204 22 10 


--- Short forequarters


12,8  + 119,9  EUR/100 kg


E


TRQ-SP




0204 22 30 


--- Chines and/or best ends


12,8  + 188,5  EUR/100 kg


E


TRQ-SP




0204 22 50 


--- Legs


12,8  + 222,7  EUR/100 kg


E


TRQ-SP




0204 22 90 


--- Other


12,8  + 222,7  EUR/100 kg


E


TRQ-SP




0204 23 00 


-- Boneless


12,8  + 311,8  EUR/100 kg


E


TRQ-SP




0204 30 00 


- Carcases and half-carcases of lamb, frozen


12,8  + 128,8  EUR/100 kg


E


TRQ-SP




0204 41 00 


-- Carcases and half-carcases


12,8  + 128,8  EUR/100 kg


E


TRQ-SP




0204 42 10 


--- Short forequarters


12,8  + 90,2  EUR/100 kg


E


TRQ-SP




0204 42 30 


--- Chines and/or best ends


12,8  + 141,7  EUR/100 kg


E


TRQ-SP




0204 42 50 


--- Legs


12,8  + 167,5  EUR/100 kg


E


TRQ-SP




0204 42 90 


--- Other


12,8  + 167,5  EUR/100 kg


E


TRQ-SP




0204 43 10 


--- Of lamb


12,8  + 234,5  EUR/100 kg


E


TRQ-SP




0204 43 90 


--- Other


12,8  + 234,5  EUR/100 kg


E


TRQ-SP




0204 50 11 


--- Carcases and half-carcases


12,8  + 171,3  EUR/100 kg


E


TRQ-SP




0204 50 13 


--- Short forequarters


12,8  + 119,9  EUR/100 kg


E


TRQ-SP




0204 50 15 


--- Chines and/or best ends


12,8  + 188,5  EUR/100 kg


E


TRQ-SP




0204 50 19 


--- Legs


12,8  + 222,7  EUR/100 kg


E


TRQ-SP




0204 50 31 


---- Cuts with bone in


12,8  + 222,7  EUR/100 kg


E


TRQ-SP




0204 50 39 


---- Boneless cuts


12,8  + 311,8  EUR/100 kg


E


TRQ-SP




0204 50 51 


--- Carcases and half-carcases


12,8  + 128,8  EUR/100 kg


E


TRQ-SP




0204 50 53 


--- Short forequarters


12,8  + 90,2  EUR/100 kg


E


TRQ-SP




0204 50 55 


--- Chines and/or best ends


12,8  + 141,7  EUR/100 kg


E


TRQ-SP




0204 50 59 


--- Legs


12,8  + 167,5  EUR/100 kg


E


TRQ-SP




0204 50 71 


---- Cuts with bone in


12,8  + 167,5  EUR/100 kg


E


TRQ-SP




0204 50 79 


---- Boneless cuts


12,8  + 234,5  EUR/100 kg


E


TRQ-SP




0205 00 20 


- Fresh or chilled


0


0


See Note 2




0205 00 80 


- Frozen


0


0


See Note 2




0206 10 10 


-- For the manufacture of pharmaceutical products


0


0


See Note 2




0206 10 95 


--- Thick skirt and thin skirt


12,8  + 303,4  EUR/100 kg


E


TRQ-BF




0206 10 98 


--- Other


0


0


See Note 2




0206 21 00 


-- Tongues


0


0


See Note 2




0206 22 00 


-- Livers


0


0


See Note 2




0206 29 10 


--- For the manufacture of pharmaceutical products


0


0


See Note 2




0206 29 91 


---- Thick skirt and thin skirt


12,8  + 304,1  EUR/100 kg


E


TRQ-BF




0206 29 99 


---- Other


0


0


See Note 2




0206 30 00 


- Of swine, fresh or chilled


0


0


See Note 2




0206 41 00 


-- Livers


0


0


See Note 2




0206 49 00 


-- Other


0


0


See Note 2




0206 80 10 


-- For the manufacture of pharmaceutical products


0


0


See Note 2




0206 80 91 


--- Of horses, asses, mules and hinnies


0


0


See Note 2




0206 80 99 


--- Of sheep and goats


0


0


See Note 2




0206 90 10 


-- For the manufacture of pharmaceutical products


0


0


See Note 2




0206 90 91 


--- Of horses, asses, mules and hinnies


0


0


See Note 2




0206 90 99 


--- Of sheep and goats


0


0


See Note 2




0207 11 10 


--- Plucked and gutted, with heads and feet, known as ‘83 % chickens’


26,2  EUR/100 kg


E


TRQ-PY




0207 11 30 


--- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘70 % chickens’


29,9  EUR/100 kg


E


TRQ-PY




0207 11 90 


--- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘65 % chickens’, or otherwise presented


32,5  EUR/100 kg


E


TRQ-PY




0207 12 10 


--- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘70 % chickens’


29,9  EUR/100 kg


E


TRQ-PY




0207 12 90 


--- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘65 % chickens’, or otherwise presented


32,5  EUR/100 kg


E


TRQ-PY




0207 13 10 


---- Boneless


102,4  EUR/100 kg


E


TRQ-PY




0207 13 20 


----- Halves or quarters


35,8  EUR/100 kg


E


TRQ-PY




0207 13 30 


----- Whole wings, with or without tips


26,9  EUR/100 kg


E


TRQ-PY




0207 13 40 


----- Backs, necks, backs with necks attached, rumps and wing-tips


18,7  EUR/100 kg


E


TRQ-PY




0207 13 50 


----- Breasts and cuts thereof


60,2  EUR/100 kg


E


TRQ-PY




0207 13 60 


----- Legs and cuts thereof


46,3  EUR/100 kg


E


TRQ-PY




0207 13 70 


----- Other


100,8  EUR/100 kg


E


TRQ-PY




0207 13 91 


---- Livers


0


0


See Note 2




0207 13 99 


---- Other


18,7  EUR/100 kg


E


TRQ-PY




0207 14 10 


---- Boneless


102,4  EUR/100 kg


E


TRQ-PY




0207 14 20 


----- Halves or quarters


35,8  EUR/100 kg


E


TRQ-PY




0207 14 30 


----- Whole wings, with or without tips


26,9  EUR/100 kg


E


TRQ-PY




0207 14 40 


----- Backs, necks, backs with necks attached, rumps and wing-tips


18,7  EUR/100 kg


E


TRQ-PY




0207 14 50 


----- Breasts and cuts thereof


60,2  EUR/100 kg


E


TRQ-PY




0207 14 60 


----- Legs and cuts thereof


46,3  EUR/100 kg


E


TRQ-PY




0207 14 70 


----- Other


100,8  EUR/100 kg


E


TRQ-PY




0207 14 91 


---- Livers


0


0


See Note 2




0207 14 99 


---- Other


18,7  EUR/100 kg


E


TRQ-PY




0207 24 10 


--- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘80 % turkeys’


34 EUR/100 kg


E


TRQ-PY




0207 24 90 


--- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘73 % turkeys’, or otherwise presented


37,3  EUR/100 kg


E


TRQ-PY




0207 25 10 


--- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘80 % turkeys’


34 EUR/100 kg


E


TRQ-PY




0207 25 90 


--- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘73 % turkeys’, or otherwise presented


37,3  EUR/100 kg


E


TRQ-PY




0207 26 10 


---- Boneless


85,1  EUR/100 kg


E


TRQ-PY




0207 26 20 


----- Halves or quarters


41 EUR/100 kg


E


TRQ-PY




0207 26 30 


----- Whole wings, with or without tips


26,9  EUR/100 kg


E


TRQ-PY




0207 26 40 


----- Backs, necks, backs with necks attached, rumps and wing-tips


18,7  EUR/100 kg


E


TRQ-PY




0207 26 50 


----- Breasts and cuts thereof


67,9  EUR/100 kg


E


TRQ-PY




0207 26 60 


------ Drumsticks and cuts of drumsticks


25,5  EUR/100 kg


E


TRQ-PY




0207 26 70 


------ Other


46 EUR/100 kg


E


TRQ-PY




0207 26 80 


----- Other


83 EUR/100 kg


E


TRQ-PY




0207 26 91 


---- Livers


0


0


See Note 2




0207 26 99 


---- Other


18,7  EUR/100 kg


E


TRQ-PY




0207 27 10 


---- Boneless


85,1  EUR/100 kg


E


TRQ-PY




0207 27 20 


----- Halves or quarters


41 EUR/100 kg


E


TRQ-PY




0207 27 30 


----- Whole wings, with or without tips


26,9  EUR/100 kg


E


TRQ-PY




0207 27 40 


----- Backs, necks, backs with necks attached, rumps and wing-tips


18,7  EUR/100 kg


E


TRQ-PY




0207 27 50 


----- Breasts and cuts thereof


67,9  EUR/100 kg


E


TRQ-PY




0207 27 60 


------ Drumsticks and cuts thereof


25,5  EUR/100 kg


E


TRQ-PY




0207 27 70 


------ Other


46 EUR/100 kg


E


TRQ-PY




0207 27 80 


----- Other


83 EUR/100 kg


E


TRQ-PY




0207 27 91 


---- Livers


0


0


See Note 2




0207 27 99 


---- Other


18,7  EUR/100 kg


E


TRQ-PY




0207 41 20 


--- Plucked, bled, gutted but not drawn, with heads and feet, known as ‘85 % ducks’


38 EUR/100 kg


E


TRQ-PY




0207 41 30 


--- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘70 % ducks’


46,2  EUR/100 kg


E


TRQ-PY




0207 41 80 


--- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘63 % ducks’, or otherwise presented


51,3  EUR/100 kg


E


TRQ-PY




0207 42 30 


--- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘70 % ducks’


46,2  EUR/100 kg


E


TRQ-PY




0207 42 80 


--- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘63 % ducks’, or otherwise presented


51,3  EUR/100 kg


E


TRQ-PY




0207 43 00 


-- Fatty livers, fresh or chilled


0


0


See Note 2




0207 44 10 


---- Boneless


128,3  EUR/100 kg


E


TRQ-PY




0207 44 21 


----- Halves or quarters


56,4  EUR/100 kg


E


TRQ-PY




0207 44 31 


----- Whole wings, with or without tips


26,9  EUR/100 kg


E


TRQ-PY




0207 44 41 


----- Backs, necks, backs with necks attached, rumps and wing-tips


18,7  EUR/100 kg


E


TRQ-PY




0207 44 51 


----- Breasts and cuts thereof


115,5  EUR/100 kg


E


TRQ-PY




0207 44 61 


----- Legs and cuts thereof


46,3  EUR/100 kg


E


TRQ-PY




0207 44 71 


----- Paletots


66 EUR/100 kg


E


TRQ-PY




0207 44 81 


----- Other


123,2  EUR/100 kg


E


TRQ-PY




0207 44 91 


---- Livers, other than fatty livers


0


0


See Note 2




0207 44 99 


---- Other


18,7  EUR/100 kg


E


TRQ-PY




0207 45 10 


---- Boneless


128,3  EUR/100 kg


E


TRQ-PY




0207 45 21 


----- Halves or quarters


56,4  EUR/100 kg


E


TRQ-PY




0207 45 31 


----- Whole wings, with or without tips


26,9  EUR/100 kg


E


TRQ-PY




0207 45 41 


----- Backs, necks, backs with necks attached, rumps and wing-tips


18,7  EUR/100 kg


E


TRQ-PY




0207 45 51 


----- Breasts and cuts thereof


115,5  EUR/100 kg


E


TRQ-PY




0207 45 61 


----- Legs and cuts thereof


46,3  EUR/100 kg


E


TRQ-PY




0207 45 71 


----- Paletots


66 EUR/100 kg


E


TRQ-PY




0207 45 81 


----- Other


123,2  EUR/100 kg


E


TRQ-PY




0207 45 93 


----- Fatty livers


0


0


See Note 2




0207 45 95 


----- Other


0


0


See Note 2




0207 45 99 


---- Other


18,7  EUR/100 kg


E


TRQ-PY




0207 51 10 


--- Plucked, bled, not drawn, with heads and feet, known as ‘82 % geese’


45,1  EUR/100 kg


E


TRQ-PY




0207 51 90 


--- Plucked and drawn, without heads and feet, with or without hearts and gizzards, known as ‘75 % geese’, or otherwise presented


48,1  EUR/100 kg


E


TRQ-PY




0207 52 10 


--- Plucked, bled, not drawn, with heads and feet, known as ‘82 % geese’


45,1  EUR/100 kg


E


TRQ-PY




0207 52 90 


--- Plucked and drawn, without heads and feet, with or without hearts and gizzards, known as ‘75 % geese’, or otherwise presented


48,1  EUR/100 kg


E


TRQ-PY




0207 53 00 


-- Fatty livers, fresh or chilled


0


0


See Note 2




0207 54 10 


---- Boneless


110,5  EUR/100 kg


E


TRQ-PY




0207 54 21 


----- Halves or quarters


52,9  EUR/100 kg


E


TRQ-PY




0207 54 31 


----- Whole wings, with or without tips


26,9  EUR/100 kg


E


TRQ-PY




0207 54 41 


----- Backs, necks, backs with necks attached, rumps and wing-tips


18,7  EUR/100 kg


E


TRQ-PY




0207 54 51 


----- Breasts and cuts thereof


86,5  EUR/100 kg


E


TRQ-PY




0207 54 61 


----- Legs and cuts thereof


69,7  EUR/100 kg


E


TRQ-PY




0207 54 71 


----- Paletots


66 EUR/100 kg


E


TRQ-PY




0207 54 81 


----- Other


123,2  EUR/100 kg


E


TRQ-PY




0207 54 91 


---- Livers, other than fatty livers


0


0


See Note 2




0207 54 99 


---- Other


18,7  EUR/100 kg


E


TRQ-PY




0207 55 10 


---- Boneless


110,5  EUR/100 kg


E


TRQ-PY




0207 55 21 


----- Halves or quarters


52,9  EUR/100 kg


E


TRQ-PY




0207 55 31 


----- Whole wings, with or without tips


26,9  EUR/100 kg


E


TRQ-PY




0207 55 41 


----- Backs, necks, backs with necks attached, rumps and wing-tips


18,7  EUR/100 kg


E


TRQ-PY




0207 55 51 


----- Breasts and cuts thereof


86,5  EUR/100 kg


E


TRQ-PY




0207 55 61 


----- Legs and cuts thereof


69,7  EUR/100 kg


E


TRQ-PY




0207 55 71 


----- Paletots


66 EUR/100 kg


E


TRQ-PY




0207 55 81 


----- Other


123,2  EUR/100 kg


E


TRQ-PY




0207 55 93 


----- Fatty livers


0


0


See Note 2




0207 55 95 


----- Other


0


0


See Note 2




0207 55 99 


---- Other


18,7  EUR/100 kg


E


TRQ-PY




0207 60 05 


-- Not cut in pieces, fresh, chilled or frozen


49,3  EUR/100 kg


E


TRQ-PY




0207 60 10 


---- Boneless


128,3  EUR/100 kg


E


TRQ-PY




0207 60 21 


----- Halves or quarters


54,2  EUR/100 kg


E


TRQ-PY




0207 60 31 


----- Whole wings, with or without tips


26,9  EUR/100 kg


E


TRQ-PY




0207 60 41 


----- Backs, necks, backs with necks attached, rumps and wing-tips


18,7  EUR/100 kg


E


TRQ-PY




0207 60 51 


----- Breasts and cuts thereof


115,5  EUR/100 kg


E


TRQ-PY




0207 60 61 


----- Legs and cuts thereof


46,3  EUR/100 kg


E


TRQ-PY




0207 60 81 


----- Other


123,2  EUR/100 kg


E


TRQ-PY




0207 60 91 


---- Livers


0


0


See Note 2




0207 60 99 


---- Other


18,7  EUR/100 kg


E


TRQ-PY




0208 10 10 


-- Of domestic rabbits


0


0


See Note 2




0208 10 90 


-- Other


0


0


See Note 2




0208 30 00 


- Of primates


0


0


See Note 2




0208 40 10 


-- Whale meat


0


0


See Note 2




0208 40 20 


-- Seal meat


0


0


See Note 2




0208 40 80 


-- Other


0


0


See Note 2




0208 50 00 


- Of reptiles (including snakes and turtles)


0


0


See Note 2




0208 60 00 


- Of camels and other camelids (Camelidae)


0


0


See Note 2




0208 90 10 


-- Of domestic pigeons


0


0


See Note 2




0208 90 30 


-- Of game, other than of rabbits or hares


0


0


See Note 2




0208 90 60 


-- Of reindeer


0


0


See Note 2




0208 90 70 


-- Frogs' legs


0


0


See Note 2




0208 90 98 


-- Other


0


0


See Note 2




0209 10 11 


--- Fresh, chilled, frozen, salted or in brine


21,4  EUR/100 kg


7


 




0209 10 19 


--- Dried or smoked


23,6  EUR/100 kg


7


 




0209 10 90 


-- Pig fat, other than that of subheading 0209 10 11  or 0209 10 19 


12,9  EUR/100 kg


7


 




0209 90 00 


- Other


41,5  EUR/100 kg


7


 




0210 11 11 


----- Hams and cuts thereof


77,8  EUR/100 kg


7


 




0210 11 19 


----- Shoulders and cuts thereof


60,1  EUR/100 kg


7


 




0210 11 31 


----- Hams and cuts thereof


151,2  EUR/100 kg


7


 




0210 11 39 


----- Shoulders and cuts thereof


119 EUR/100 kg


7


 




0210 11 90 


--- Other


0


0


See Note 2




0210 12 11 


---- Salted or in brine


46,7  EUR/100 kg


7


 




0210 12 19 


---- Dried or smoked


77,8  EUR/100 kg


7


 




0210 12 90 


--- Other


0


0


See Note 2




0210 19 10 


----- Bacon sides or spencers


68,7  EUR/100 kg


7


 




0210 19 20 


----- Three-quarter sides or middles


75,1  EUR/100 kg


7


 




0210 19 30 


----- Fore-ends and cuts thereof


60,1  EUR/100 kg


7


 




0210 19 40 


----- Loins and cuts thereof


86,9  EUR/100 kg


7


 




0210 19 50 


----- Other


86,9  EUR/100 kg


7


 




0210 19 60 


----- Fore-ends and cuts thereof


119 EUR/100 kg


7


 




0210 19 70 


----- Loins and cuts thereof


149,6  EUR/100 kg


7


 




0210 19 81 


------ Boneless


151,2  EUR/100 kg


7


 




0210 19 89 


------ Other


151,2  EUR/100 kg


7


 




0210 19 90 


--- Other


0


0


See Note 2




0210 20 10 


-- With bone in


15,4  + 265,2  EUR/100 kg


E


TRQ-BF




0210 20 90 


-- Boneless


15,4  + 303,4  EUR/100 kg


E


TRQ-BF




0210 91 00 


-- Of primates


0


0


See Note 2




0210 92 10 


--- Of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia)


0


0


See Note 2




0210 92 91 


---- Meat


0


0


See Note 2




0210 92 92 


---- Offal


0


0


See Note 2




0210 92 99 


---- Edible flours and meals of meat or meat offal


15,4  + 303,4  EUR/100 kg


7


 




0210 93 00 


-- Of reptiles (including snakes and turtles)


0


0


See Note 2




0210 99 10 


---- Of horses, salted, in brine or dried


0


0


See Note 2




0210 99 21 


----- With bone in


222,7  EUR/100 kg


7


 




0210 99 29 


----- Boneless


311,8  EUR/100 kg


7


 




0210 99 31 


---- Of reindeer


0


0


See Note 2




0210 99 39 


---- Other


0


0


See Note 2




0210 99 41 


----- Livers


64,9  EUR/100 kg


7


 




0210 99 49 


----- Other


47,2  EUR/100 kg


7


 




0210 99 51 


----- Thick skirt and thin skirt


15,4  + 303,4  EUR/100 kg


E


TRQ-BF




0210 99 59 


----- Other


0


0


See Note 2




0210 99 71 


------ Fatty livers of geese or ducks, salted or in brine


0


0


See Note 2




0210 99 79 


------ Other


0


0


See Note 2




0210 99 85 


----- Other


0


0


See Note 2




0210 99 90 


--- Edible flours and meals of meat or meat offal


15,4  + 303,4  EUR/100 kg


7


 




0301 11 00 


-- Freshwater fish


0


0


See Note 2




0301 19 00 


-- Other


0


0


See Note 2




0301 91 10 


--- Of the species Oncorhynchus apache or Oncorhynchus chrysogaster



0


0


See Note 2




0301 91 90 


--- Other


0


0


See Note 2




0301 92 10 


--- Of a length of less than 12 cm


0


0


See Note 2




0301 92 30 


--- Of a length of 12 cm or more but less than 20 cm


0


0


See Note 2




0301 92 90 


--- Of a length of 20 cm or more


0


0


See Note 2




0301 93 00 


-- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.)


0


0


See Note 2




0301 94 10 


--- Atlantic bluefin tuna (Thunnus thynnus)


0


0


See Note 2




0301 94 90 


--- Pacific bluefin tuna (Thunnus orientalis)


0


0


See Note 2




0301 95 00 


-- Southern bluefin tuna (Thunnus maccoyii)


0


0


See Note 2




0301 99 11 


---- Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)


0


0


See Note 2




0301 99 17 


---- Other


0


0


See Note 2




0301 99 85 


--- Other


0


0


See Note 2




0302 11 10 


--- Of the species Oncorhynchus apache or Oncorhynchus chrysogaster



0


0


See Note 2




0302 11 20 


--- Of the species Oncorhynchus mykiss, with heads and gills on, gutted, weighing more than 1,2  kg each, or with heads off, gilled and gutted, weighing more than 1 kg each


0


0


See Note 2




0302 11 80 


--- Other


0


0


See Note 2




0302 13 00 


-- Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus)


0


0


See Note 2




0302 14 00 


-- Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)


0


0


See Note 2




0302 19 00 


-- Other


0


0


See Note 2




0302 21 10 


--- Lesser or Greenland halibut (Reinhardtius hippoglossoides)


0


0


See Note 2




0302 21 30 


--- Atlantic halibut (Hippoglossus hippoglossus)


0


0


See Note 2




0302 21 90 


--- Pacific halibut (Hippoglossus stenolepis)


0


0


See Note 2




0302 22 00 


-- Plaice (Pleuronectes platessa)


0


0


See Note 2




0302 23 00 


-- Sole (Solea spp.)


0


0


See Note 2




0302 24 00 


-- Turbots (Psetta maxima)


0


0


See Note 2




0302 29 10 


--- Megrim (Lepidorhombus spp.)


0


0


See Note 2




0302 29 80 


--- Other


0


0


See Note 2




0302 31 10 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0302 31 90 


--- Other


0


0


See Note 2




0302 32 10 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0302 32 90 


--- Other


0


0


See Note 2




0302 33 10 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0302 33 90 


--- Other


0


0


See Note 2




0302 34 10 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0302 34 90 


--- Other


0


0


See Note 2




0302 35 11 


---- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0302 35 19 


---- Other


0


0


See Note 2




0302 35 91 


---- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0302 35 99 


---- Other


0


0


See Note 2




0302 36 10 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0302 36 90 


--- Other


0


0


See Note 2




0302 39 20 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0302 39 80 


--- Other


0


0


See Note 2




0302 41 00 


-- Herrings (Clupea harengus, Clupea pallasii)


0


0


See Note 2




0302 42 00 


-- Anchovies (Engraulis spp.)


0


0


See Note 2




0302 43 10 


--- Sardines of the species Sardina pilchardus



0


0


See Note 2




0302 43 30 


--- Sardines of the genus Sardinops; sardinella (Sardinella spp.)


0


0


See Note 2




0302 43 90 


--- Brisling or sprats (Sprattus sprattus)


0


0


See Note 2




0302 44 00 


-- Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus)


0


0


See Note 2




0302 45 10 


--- Atlantic horse mackerel (Trachurus trachurus)


0


0


See Note 2




0302 45 30 


--- Chilean jack mackerel (Trachurus murphyi)


0


0


See Note 2




0302 45 90 


--- Other


0


0


See Note 2




0302 46 00 


-- Cobia (Rachycentron canadum)


0


0


See Note 2




0302 47 00 


-- Swordfish (Xiphias gladius)


0


0


See Note 2




0302 49 11 


---- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0302 49 19 


---- Other


0


0


See Note 2




0302 49 90 


--- Other


0


0


See Note 2




0302 51 10 


--- Of the species Gadus morhua



0


0


See Note 2




0302 51 90 


--- Other


0


0


See Note 2




0302 52 00 


-- Haddock (Melanogrammus aeglefinus)


0


0


See Note 2




0302 53 00 


-- Coalfish (Pollachius virens)


0


0


See Note 2




0302 54 11 


---- Cape hake (shallow-water hake) (Merluccius capensis) and deepwater hake (deepwater Cape hake) (Merluccius paradoxus)


11,5 


0


 




0302 54 15 


---- Southern hake (Merluccius australis)


11,5 


0


 




0302 54 19 


---- Other


11,5 


0


 




0302 54 90 


--- Hake of the genus Urophycis



11,5 


0


 




0302 55 00 


-- Alaska pollock (Theragra chalcogramma)


0


0


See Note 2




0302 56 00 


-- Blue whiting (Micromesistius poutassou, Micromesistius australis)


0


0


See Note 2




0302 59 10 


--- Polar cod (Boreogadus saida)


0


0


See Note 2




0302 59 20 


--- Whiting (Merlangius merlangus)


0


0


See Note 2




0302 59 30 


--- Pollack (Pollachius pollachius)


0


0


See Note 2




0302 59 40 


--- Ling (Molva spp.)


0


0


See Note 2




0302 59 90 


--- Other


0


0


See Note 2




0302 71 00 


-- Tilapias (Oreochromis spp.)


0


0


See Note 2




0302 72 00 


-- Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)


0


0


See Note 2




0302 73 00 


-- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.)


0


0


See Note 2




0302 74 00 


-- Eels (Anguilla spp.)


0


0


See Note 2




0302 79 00 


-- Other


0


0


See Note 2




0302 81 15 


--- Piked dogfish (Squalus acanthias) and catsharks (Scyliorhinus spp.)


0


0


See Note 2




0302 81 30 


--- Porbeagle shark (Lamna nasus)


0


0


See Note 2




0302 81 40 


--- Blue shark (Prionace glauca)


0


0


See Note 2




0302 81 80 


--- Other


0


0


See Note 2




0302 82 00 


-- Rays and skates (Rajidae)


0


0


See Note 2




0302 83 00 


-- Toothfish (Dissostichus spp.)


0


0


See Note 2




0302 84 10 


--- European sea bass (Dicentrarchus labrax)


0


0


See Note 2




0302 84 90 


--- Other


0


0


See Note 2




0302 85 10 


--- Of the species Dentex dentex or Pagellus spp.


0


0


See Note 2




0302 85 30 


--- Gilt-head sea bream (Sparus aurata)


0


0


See Note 2




0302 85 90 


--- Other


0


0


See Note 2




0302 89 10 


--- Freshwater fish


0


0


See Note 2




0302 89 21 


----- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0302 89 29 


----- Other


0


0


See Note 2




0302 89 31 


----- Of the species Sebastes marinus



0


0


See Note 2




0302 89 39 


----- Other


0


0


See Note 2




0302 89 40 


---- Ray's bream (Brama spp.)


0


0


See Note 2




0302 89 50 


---- Monkfish (Lophius spp.)


0


0


See Note 2




0302 89 60 


---- Pink cusk-eel (Genypterus blacodes)


0


0


See Note 2




0302 89 90 


---- Other


0


0


See Note 2




0302 91 00 


-- Livers, roes and milt


0


0


See Note 2




0302 92 00 


-- Shark fins


0


0


See Note 2




0302 99 00 


-- Other


0


0


See Note 2




0303 11 00 


-- Sockeye salmon (red salmon) (Oncorhynchus nerka)


0


0


See Note 2




0303 12 00 


-- Other Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus)


0


0


See Note 2




0303 13 00 


-- Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)


0


0


See Note 2




0303 14 10 


--- Of the species Oncorhynchus apache or Oncorhynchus chrysogaster



0


0


See Note 2




0303 14 20 


--- Of the species Oncorhynchus mykiss, with heads and gills on, gutted, weighing more than 1,2  kg each, or with heads off, gilled and gutted, weighing more than 1 kg each


0


0


See Note 2




0303 14 90 


--- Other


0


0


See Note 2




0303 19 00 


-- Other


0


0


See Note 2




0303 23 00 


-- Tilapias (Oreochromis spp.)


0


0


See Note 2




0303 24 00 


-- Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)


0


0


See Note 2




0303 25 00 


-- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.)


0


0


See Note 2




0303 26 00 


-- Eels (Anguilla spp.)


0


0


See Note 2




0303 29 00 


-- Other


0


0


See Note 2




0303 31 10 


--- Lesser or Greenland halibut (Reinhardtius hippoglossoides)


0


0


See Note 2




0303 31 30 


--- Atlantic halibut (Hippoglossus hippoglossus)


0


0


See Note 2




0303 31 90 


--- Pacific halibut (Hippoglossus stenolepis)


0


0


See Note 2




0303 32 00 


-- Plaice (Pleuronectes platessa)


0


0


See Note 2




0303 33 00 


-- Sole (Solea spp.)


0


0


See Note 2




0303 34 00 


-- Turbots (Psetta maxima)


0


0


See Note 2




0303 39 10 


--- Flounder (Platichthys flesus)


0


0


See Note 2




0303 39 30 


--- Fish of the genus Rhombosolea



0


0


See Note 2




0303 39 50 


--- Fish of the species Pelotreis flavilatus or Peltorhamphus novaezelandiae



0


0


See Note 2




0303 39 85 


--- Other


0


0


See Note 2




0303 41 10 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0303 41 90 


--- Other


0


0


See Note 2




0303 42 20 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0303 42 90 


--- Other


0


0


See Note 2




0303 43 10 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0303 43 90 


--- Other


0


0


See Note 2




0303 44 10 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0303 44 90 


--- Other


0


0


See Note 2




0303 45 12 


---- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0303 45 18 


---- Other


0


0


See Note 2




0303 45 91 


---- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0303 45 99 


---- Other


0


0


See Note 2




0303 46 10 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0303 46 90 


--- Other


0


0


See Note 2




0303 49 20 


--- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0303 49 85 


--- Other


0


0


See Note 2




0303 51 00 


-- Herrings (Clupea harengus, Clupea pallasii)


0


0


See Note 2




0303 53 10 


--- Sardines of the species Sardina pilchardus



0


0


See Note 2




0303 53 30 


--- Sardines of the genus Sardinops; sardinella (Sardinella spp.)


0


0


See Note 2




0303 53 90 


--- Brisling or sprats (Sprattus sprattus)


0


0


See Note 2




0303 54 10 


--- Of the species Scomber scombrus or Scomber japonicus



0


0


See Note 2




0303 54 90 


--- Of the species Scomber australasicus



0


0


See Note 2




0303 55 10 


--- Atlantic horse mackerel (Trachurus trachurus)


0


0


See Note 2




0303 55 30 


--- Chilean jack mackerel (Trachurus murphyi)


0


0


See Note 2




0303 55 90 


--- Other


0


0


See Note 2




0303 56 00 


-- Cobia (Rachycentron canadum)


0


0


See Note 2




0303 57 00 


-- Swordfish (Xiphias gladius)


0


0


See Note 2




0303 59 10 


--- Anchovies (Engraulis spp.)


0


0


See Note 2




0303 59 21 


---- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0303 59 29 


---- Other


0


0


See Note 2




0303 59 90 


--- Other


0


0


See Note 2




0303 63 10 


--- Of the species Gadus morhua



0


0


See Note 2




0303 63 30 


--- Of the species Gadus ogac



0


0


See Note 2




0303 63 90 


--- Of the species Gadus macrocephalus



0


0


See Note 2




0303 64 00 


-- Haddock (Melanogrammus aeglefinus)


0


0


See Note 2




0303 65 00 


-- Coalfish (Pollachius virens)


0


0


See Note 2




0303 66 11 


---- Cape hake (shallow-water hake) (Merluccius capensis) and deepwater hake (deepwater Cape hake) (Merluccius paradoxus)


0


0


See Note 2




0303 66 12 


---- Argentine hake (Southwest Atlantic hake) (Merluccius hubbsi)


0


0


See Note 2




0303 66 13 


---- Southern hake (Merluccius australis)


0


0


See Note 2




0303 66 19 


---- Other


0


0


See Note 2




0303 66 90 


--- Hake of the genus Urophycis



0


0


See Note 2




0303 67 00 


-- Alaska pollock (Theragra chalcogramma)


0


0


See Note 2




0303 68 10 


--- Blue whiting (Micromesistius poutassou)


0


0


See Note 2




0303 68 90 


--- Southern blue whiting (Micromesistius australis)


0


0


See Note 2




0303 69 10 


--- Polar cod (Boreogadus saida)


0


0


See Note 2




0303 69 30 


--- Whiting (Merlangius merlangus)


0


0


See Note 2




0303 69 50 


--- Pollack (Pollachius pollachius)


0


0


See Note 2




0303 69 70 


--- Blue grenadier (Macruronus novaezelandiae)


0


0


See Note 2




0303 69 80 


--- Ling (Molva spp.)


0


0


See Note 2




0303 69 90 


--- Other


0


0


See Note 2




0303 81 15 


--- Piked dogfish (Squalus acanthias) and catsharks (Scyliorhinus spp.)


0


0


See Note 2




0303 81 30 


--- Porbeagle shark (Lamna nasus)


0


0


See Note 2




0303 81 40 


--- Blue shark (Prionace glauca)


0


0


See Note 2




0303 81 90 


--- Other


0


0


See Note 2




0303 82 00 


-- Rays and skates (Rajidae)


0


0


See Note 2




0303 83 00 


-- Toothfish (Dissostichus spp.)


0


0


See Note 2




0303 84 10 


--- European sea bass (Dicentrarchus labrax)


0


0


See Note 2




0303 84 90 


--- Other


0


0


See Note 2




0303 89 10 


--- Freshwater fish


0


0


See Note 2




0303 89 21 


----- For the industrial manufacture of products of heading 1604


0


0


See Note 2




0303 89 29 


----- Other


0


0


See Note 2




0303 89 31 


----- Of the species Sebastes marinus



0


0


See Note 2




0303 89 39 


----- Other


0


0


See Note 2




0303 89 40 


---- Fish of the species Orcynopsis unicolor



0


0


See Note 2




0303 89 50 


---- Sea bream (Dentex dentex, Pagellus spp.)


0


0


See Note 2




0303 89 55 


---- Gilt-head sea bream (Sparus aurata)


0


0


See Note 2




0303 89 60 


---- Ray's bream (Brama spp.)


0


0


See Note 2




0303 89 65 


---- Monkfish (Lophius spp.)


0


0


See Note 2




0303 89 70 


---- Pink cusk-eel (Genypterus blacodes)


0


0


See Note 2




0303 89 90 


---- Other


0


0


See Note 2




0303 91 10 


--- Hard and soft roes for the manufacture of deoxyribonucleic acid or protamine sulphate


0


0


See Note 2




0303 91 90 


--- Other


0


0


See Note 2




0303 92 00 


-- Shark fins


0


0


See Note 2




0303 99 00 


-- Other


0


0


See Note 2




0304 31 00 


-- Tilapias (Oreochromis spp.)


0


0


See Note 2




0304 32 00 


-- Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)


0


0


See Note 2




0304 33 00 


-- Nile perch (Lates niloticus)


0


0


See Note 2




0304 39 00 


-- Other


0


0


See Note 2




0304 41 00 


-- Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)


0


0


See Note 2




0304 42 10 


--- Of the species Oncorhynchus mykiss, weighing more than 400 g each


0


0


See Note 2




0304 42 50 


--- Of the species Oncorhynchus apache or Oncorhynchus chrysogaster



0


0


See Note 2




0304 42 90 


--- Other


0


0


See Note 2




0304 43 00 


-- Flat fish (Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, Scophthalmidae and Citharidae)


0


0


See Note 2




0304 44 10 


--- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and Polar cod (Boreogadus saida)


0


0


See Note 2




0304 44 30 


--- Coalfish (Pollachius virens)


0


0


See Note 2




0304 44 90 


--- Other


0


0


See Note 2




0304 45 00 


-- Swordfish (Xiphias gladius)


0


0


See Note 2




0304 46 00 


-- Toothfish (Dissostichus spp.)


0


0


See Note 2




0304 47 10 


--- Piked dogfish (Squalus acanthias) and catsharks (Scyliorhinus spp.)


0


0


See Note 2




0304 47 20 


--- Porbeagle shark (Lamna nasus)


0


0


See Note 2




0304 47 30 


--- Blue shark (Prionace glauca)


0


0


See Note 2




0304 47 90 


--- Other


0


0


See Note 2




0304 48 00 


-- Rays and skates (Rajidae)


0


0


See Note 2




0304 49 10 


--- Freshwater fish


0


0


See Note 2




0304 49 50 


---- Redfish (Sebastes spp.)


0


0


See Note 2




0304 49 90 


---- Other


0


0


See Note 2




0304 51 00 


-- Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


0


0


See Note 2




0304 52 00 


-- Salmonidae


0


0


See Note 2




0304 53 00 


-- Fish of the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae


0


0


See Note 2




0304 54 00 


-- Swordfish (Xiphias gladius)


0


0


See Note 2




0304 55 00 


-- Toothfish (Dissostichus spp.)


0


0


See Note 2




0304 56 10 


--- Piked dogfish (Squalus acanthias) and catsharks (Scyliorhinus spp.)


0


0


See Note 2




0304 56 20 


--- Porbeagle shark (Lamna nasus)


0


0


See Note 2




0304 56 30 


--- Blue shark (Prionace glauca)


0


0


See Note 2




0304 56 90 


--- Other


0


0


See Note 2




0304 57 00 


-- Rays and skates (Rajidae)


0


0


See Note 2




0304 59 10 


--- Freshwater fish


0


0


See Note 2




0304 59 50 


---- Flaps of herring


0


0


See Note 2




0304 59 90 


---- Other


0


0


See Note 2




0304 61 00 


-- Tilapias (Oreochromis spp.)


0


0


See Note 2




0304 62 00 


-- Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)


0


0


See Note 2




0304 63 00 


-- Nile perch (Lates niloticus)


0


0


See Note 2




0304 69 00 


-- Other


0


0


See Note 2




0304 71 10 


--- Cod of the species Gadus macrocephalus



0


0


See Note 2




0304 71 90 


--- Other


0


0


See Note 2




0304 72 00 


-- Haddock (Melanogrammus aeglefinus)


0


0


See Note 2




0304 73 00 


-- Coalfish (Pollachius virens)


0


0


See Note 2




0304 74 11 


---- Cape hake (shallow-water hake) (Merluccius capensis) and deepwater hake (deepwater Cape hake) (Merluccius paradoxus)


0


0


See Note 2




0304 74 15 


---- Argentine hake (Southwest Atlantic hake) (Merluccius hubbsi)


0


0


See Note 2




0304 74 19 


---- Other


0


0


See Note 2




0304 74 90 


--- Hake of the genus Urophycis



0


0


See Note 2




0304 75 00 


-- Alaska pollock (Theragra chalcogramma)


0


0


See Note 2




0304 79 10 


--- Polar cod (Boreogadus saida)


0


0


See Note 2




0304 79 30 


--- Whiting (Merlangius merlangus)


0


0


See Note 2




0304 79 50 


--- Blue grenadier (Macruronus novaezelandiae)


0


0


See Note 2




0304 79 80 


--- Ling (Molva spp.)


0


0


See Note 2




0304 79 90 


--- Other


0


0


See Note 2




0304 81 00 


-- Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)


0


0


See Note 2




0304 82 10 


--- Of the species Oncorhynchus mykiss, weighing more than 400 g each


0


0


See Note 2




0304 82 50 


--- Of the species Oncorhynchus apache or Oncorhynchus chrysogaster



0


0


See Note 2




0304 82 90 


--- Other


0


0


See Note 2




0304 83 10 


--- Plaice (Pleuronectes platessa)


0


0


See Note 2




0304 83 30 


--- Flounder (Platichthys flesus)


0


0


See Note 2




0304 83 50 


--- Megrim (Lepidorhombus spp.)


0


0


See Note 2




0304 83 90 


--- Other


0


0


See Note 2




0304 84 00 


-- Swordfish (Xiphias gladius)


0


0


See Note 2




0304 85 00 


-- Toothfish (Dissostichus spp.)


0


0


See Note 2




0304 86 00 


-- Herrings (Clupea harengus, Clupea pallasii)


0


0


See Note 2




0304 87 00 


-- Tuna (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis)


0


0


See Note 2




0304 88 11 


---- Piked dogfish (Squalus acanthias) and catsharks (Scyliorhinus spp.)


0


0


See Note 2




0304 88 15 


---- Porbeagle shark (Lamna nasus)


0


0


See Note 2




0304 88 18 


---- Blue shark (Prionace glauca)


0


0


See Note 2




0304 88 19 


---- Other


0


0


See Note 2




0304 88 90 


--- Rays and skates (Rajidae)


0


0


See Note 2




0304 89 10 


--- Freshwater fish


0


0


See Note 2




0304 89 21 


----- Of the species Sebastes marinus



0


0


See Note 2




0304 89 29 


----- Other


0


0


See Note 2




0304 89 30 


---- Fish of the genus Euthynnus, other than the skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis) mentioned in subheading 0304 87 00 


0


0


See Note 2




0304 89 41 


----- Mackerel of the species Scomber australasicus



0


0


See Note 2




0304 89 49 


----- Other


0


0


See Note 2




0304 89 60 


---- Monkfish (Lophius spp.)


0


0


See Note 2




0304 89 90 


---- Other


0


0


See Note 2




0304 91 00 


-- Swordfish (Xiphias gladius)


0


0


See Note 2




0304 92 00 


-- Toothfish (Dissostichus spp.)


0


0


See Note 2




0304 93 10 


--- Surimi


0


0


See Note 2




0304 93 90 


--- Other


0


0


See Note 2




0304 94 10 


--- Surimi


0


0


See Note 2




0304 94 90 


--- Other


0


0


See Note 2




0304 95 10 


--- Surimi


0


0


See Note 2




0304 95 21 


----- Cod of the species Gadus macrocephalus



0


0


See Note 2




0304 95 25 


----- Cod of the species Gadus morhua



0


0


See Note 2




0304 95 29 


----- Other


0


0


See Note 2




0304 95 30 


---- Haddock (Melanogrammus aeglefinus)


0


0


See Note 2




0304 95 40 


---- Coalfish (Pollachius virens)


0


0


See Note 2




0304 95 50 


---- Hake of the genus Merluccius



0


0


See Note 2




0304 95 60 


---- Blue whiting (Micromesistius poutassou)


0


0


See Note 2




0304 95 90 


---- Other


0


0


See Note 2




0304 96 10 


--- Piked dogfish (Squalus acanthias) and catsharks (Scyliorhinus spp.)


0


0


See Note 2




0304 96 20 


--- Porbeagle shark (Lamna nasus)


0


0


See Note 2




0304 96 30 


--- Blue shark (Prionace glauca)


0


0


See Note 2




0304 96 90 


--- Other


0


0


See Note 2




0304 97 00 


-- Rays and skates (Rajidae)


0


0


See Note 2




0304 99 10 


--- Surimi


0


0


See Note 2




0304 99 21 


---- Freshwater fish


0


0


See Note 2




0304 99 23 


----- Herrings (Clupea harengus, Clupea pallasii)


0


0


See Note 2




0304 99 29 


----- Redfish (Sebastes spp.)


0


0


See Note 2




0304 99 55 


----- Megrim (Lepidorhombus spp.)


0


0


See Note 2




0304 99 61 


----- Ray's bream (Brama spp.)


0


0


See Note 2




0304 99 65 


----- Monkfish (Lophius spp.)


0


0


See Note 2




0304 99 99 


----- Other


0


0


See Note 2




0305 10 00 


- Flours, meals and pellets of fish, fit for human consumption


0


0


See Note 2




0305 20 00 


- Livers, roes and milt of fish, dried, smoked, salted or in brine


0


0


See Note 2




0305 31 00 


-- Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


0


0


See Note 2




0305 32 11 


---- Cod of the species Gadus macrocephalus



0


0


See Note 2




0305 32 19 


---- Other


0


0


See Note 2




0305 32 90 


--- Other


0


0


See Note 2




0305 39 10 


--- Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar), and Danube salmon (Hucho hucho), salted or in brine


11,5 


0


 




0305 39 50 


--- Lesser or Greenland halibut (Reinhardtius hippoglossoides), salted or in brine


0


0


See Note 2




0305 39 90 


--- Other


0


0


See Note 2




0305 41 00 


-- Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)


9,5 


0


 




0305 42 00 


-- Herrings (Clupea harengus, Clupea pallasii)


0


0


See Note 2




0305 43 00 


-- Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster)


0


0


See Note 2




0305 44 10 


--- Eels (Anguilla spp.)


0


0


See Note 2




0305 44 90 


--- Other


0


0


See Note 2




0305 49 10 


--- Lesser or Greenland halibut (Reinhardtius hippoglossoides)


0


0


See Note 2




0305 49 20 


--- Atlantic halibut (Hippoglossus hippoglossus)


0


0


See Note 2




0305 49 30 


--- Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus)


0


0


See Note 2




0305 49 80 


--- Other


0


0


See Note 2




0305 51 10 


--- Dried, unsalted


0


0


See Note 2




0305 51 90 


--- Dried, salted


0


0


See Note 2




0305 52 00 


-- Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


0


0


See Note 2




0305 53 10 


--- Polar Cod (Boreogadus saida)


0


0


See Note 2




0305 53 90 


--- Other


0


0


See Note 2




0305 54 30 


--- Herrings (Clupea harengus, Clupea pallasii)


0


0


See Note 2




0305 54 50 


--- Anchovies (Engraulis spp.)


0


0


See Note 2




0305 54 90 


--- Other


0


0


See Note 2




0305 59 70 


--- Atlantic halibut (Hippoglossus hippoglossus)


0


0


See Note 2




0305 59 85 


--- Other


0


0


See Note 2




0305 61 00 


-- Herrings (Clupea harengus, Clupea pallasii)


0


0


See Note 2




0305 62 00 


-- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)


0


0


See Note 2




0305 63 00 


-- Anchovies (Engraulis spp.)


0


0


See Note 2




0305 64 00 


-- Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


0


0


See Note 2




0305 69 10 


--- Polar cod (Boreogadus saida)


0


0


See Note 2




0305 69 30 


--- Atlantic halibut (Hippoglossus hippoglossus)


0


0


See Note 2




0305 69 50 


--- Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)


0


0


See Note 2




0305 69 80 


--- Other


0


0


See Note 2




0305 71 00 


-- Shark fins


0


0


See Note 2




0305 72 00 


-- Fish heads, tails and maws


0


0


See Note 2




0305 79 00 


-- Other


0


0


See Note 2




0306 11 10 


--- Crawfish tails


0


0


See Note 2




0306 11 90 


--- Other


0


0


See Note 2




0306 12 10 


--- Whole


0


0


See Note 2




0306 12 90 


--- Other


0


0


See Note 2




0306 14 10 


--- Crabs of the species Paralithodes camchaticus, Chionoecetes spp. or Callinectes sapidus



0


0


See Note 2




0306 14 30 


--- Crabs of the species Cancer pagurus



0


0


See Note 2




0306 14 90 


--- Other


0


0


See Note 2




0306 15 00 


-- Norway lobsters (Nephrops norvegicus)


0


0


See Note 2




0306 16 91 


--- Shrimps of the species Crangon crangon



0


0


See Note 2




0306 16 99 


--- Other


0


0


See Note 2




0306 17 91 


--- Deepwater rose shrimps (Parapenaeus longirostris)


0


0


See Note 2




0306 17 92 


--- Shrimps of the genus Penaeus



0


0


See Note 2




0306 17 93 


--- Shrimps of the family Pandalidae, other than of the genus Pandalus



0


0


See Note 2




0306 17 94 


--- Shrimps of the genus Crangon, other than of the species Crangon crangon



0


0


See Note 2




0306 17 99 


--- Other


0


0


See Note 2




0306 19 10 


--- Freshwater crayfish


0


0


See Note 2




0306 19 90 


--- Other


0


0


See Note 2




0306 31 00 


-- Rock lobster and other sea crawfish (Palinurus spp., Panulirus spp., Jasus spp.)


0


0


See Note 2




0306 32 10 


--- Live


0


0


See Note 2




0306 32 91 


---- Whole


0


0


See Note 2




0306 32 99 


---- Other


0


0


See Note 2




0306 33 10 


--- Crabs of the species Cancer pagurus



0


0


See Note 2




0306 33 90 


--- Other


0


0


See Note 2




0306 34 00 


-- Norway lobsters (Nephrops norvegicus)


0


0


See Note 2




0306 35 10 


---- Fresh or chilled


0


0


See Note 2




0306 35 50 


---- Other


0


0


See Note 2




0306 35 90 


--- Other


0


0


See Note 2




0306 36 10 


--- Shrimps of the family Pandalidae, other than of the genus Pandalus



0


0


See Note 2




0306 36 50 


--- Shrimps of the genus Crangon, other than of the species Crangon crangon



0


0


See Note 2




0306 36 90 


--- Other


0


0


See Note 2




0306 39 10 


--- Freshwater crayfish


0


0


See Note 2




0306 39 90 


--- Other


0


0


See Note 2




0306 91 00 


-- Rock lobster and other sea crawfish (Palinurus spp., Panulirus spp., Jasus spp.)


0


0


See Note 2




0306 92 10 


--- Whole


0


0


See Note 2




0306 92 90 


--- Other


0


0


See Note 2




0306 93 10 


--- Crabs of the species Cancer pagurus



0


0


See Note 2




0306 93 90 


--- Other


0


0


See Note 2




0306 94 00 


-- Norway lobsters (Nephrops norvegicus)


0


0


See Note 2




0306 95 11 


----- Cooked by steaming or by boiling in water


0


0


See Note 2




0306 95 19 


----- Other


0


0


See Note 2




0306 95 20 


---- Pandalus spp.


0


0


See Note 2




0306 95 30 


---- Shrimps of the family Pandalidae, other than of the genus Pandalus



0


0


See Note 2




0306 95 40 


---- Shrimps of the genus Crangon, other than of the species Crangon crangon



0


0


See Note 2




0306 95 90 


---- Other


0


0


See Note 2




0306 99 10 


--- Freshwater crayfish


0


0


See Note 2




0306 99 90 


--- Other


0


0


See Note 2




0307 11 10 


--- Flat oysters (of the genus Ostrea), live and weighing (shell included) not more than 40 g each


0


0


See Note 2




0307 11 90 


--- Other


0


0


See Note 2




0307 12 00 


-- Frozen


0


0


See Note 2




0307 19 00 


-- Other


0


0


See Note 2




0307 21 00 


-- Live, fresh or chilled


0


0


See Note 2




0307 22 10 


--- Coquilles St Jacques (Pecten maximus)


0


0


See Note 2




0307 22 90 


--- Other


0


0


See Note 2




0307 29 00 


-- Other


0


0


See Note 2




0307 31 10 


--- Mytilus spp.


0


0


See Note 2




0307 31 90 


--- Perna spp.


0


0


See Note 2




0307 32 10 


--- Mytilus spp.


0


0


See Note 2




0307 32 90 


--- Perna spp.


0


0


See Note 2




0307 39 20 


--- Mytilus spp.


0


0


See Note 2




0307 39 80 


--- Perna spp.


0


0


See Note 2




0307 42 10 


--- Cuttle fish (Sepia officinalis, Rossia macrosoma, Sepiola spp.)


0


0


See Note 2




0307 42 20 


--- Loligo spp.


0


0


See Note 2




0307 42 30 


--- Squid (Ommastrephes spp., Nototodarus spp., Sepioteuthis spp.)


0


0


See Note 2




0307 42 40 


--- European flying squid (Todarodes sagittatus)


0


0


See Note 2




0307 42 90 


--- Other


0


0


See Note 2




0307 43 21 


----- Lesser cuttle fish (Sepiola rondeleti)


0


0


See Note 2




0307 43 25 


----- Other


0


0


See Note 2




0307 43 29 


---- Sepia officinalis, Rossia macrosoma



0


0


See Note 2




0307 43 31 


---- Loligo vulgaris



0


0


See Note 2




0307 43 33 


---- Loligo pealei



0


0


See Note 2




0307 43 35 


---- Loligo gahi



0


0


See Note 2




0307 43 38 


---- Other


0


0


See Note 2




0307 43 91 


--- Ommastrephes spp., other than Ommastrephes sagittatus, Nototodarus spp., Sepioteuthis spp.


0


0


See Note 2




0307 43 92 


--- Illex spp.


0


0


See Note 2




0307 43 95 


--- European flying squid (Todarodes sagittatus) (Ommastrephes sagittatus)


0


0


See Note 2




0307 43 99 


--- Other


0


0


See Note 2




0307 49 20 


--- Cuttle fish (Sepia officinalis, Rossia macrosoma, Sepiola spp.)


0


0


See Note 2




0307 49 40 


--- Loligo spp.


0


0


See Note 2




0307 49 50 


--- Ommastrephes spp., other than Ommastrephes sagittatus, Nototodarus spp., Sepioteuthis spp.


0


0


See Note 2




0307 49 60 


--- European flying squid (Todarodes sagittatus) (Ommastrephes sagittatus)


0


0


See Note 2




0307 49 80 


--- Other


0


0


See Note 2




0307 51 00 


-- Live, fresh or chilled


0


0


See Note 2




0307 52 00 


-- Frozen


0


0


See Note 2




0307 59 00 


-- Other


0


0


See Note 2




0307 60 00 


- Snails, other than sea snails


0


0


See Note 2




0307 71 00 


-- Live, fresh or chilled


0


0


See Note 2




0307 72 10 


--- Striped venus or other species of the family Veneridae


0


0


See Note 2




0307 72 90 


--- Other


0


0


See Note 2




0307 79 00 


-- Other


0


0


See Note 2




0307 81 00 


-- Live, fresh or chilled abalone (Haliotis spp.)


0


0


See Note 2




0307 82 00 


-- Live, fresh or chilled stromboid conchs (Strombus spp.)


0


0


See Note 2




0307 83 00 


-- Frozen abalone (Haliotis spp.)


0


0


See Note 2




0307 84 00 


-- Frozen stromboid conchs (Strombus spp.)


0


0


See Note 2




0307 87 00 


-- Other abalone (Haliotis spp.)


0


0


See Note 2




0307 88 00 


-- Other stromboid conchs (Strombus spp.)


0


0


See Note 2




0307 91 00 


-- Live, fresh or chilled


0


0


See Note 2




0307 92 00 


-- Frozen


0


0


See Note 2




0307 99 00 


-- Other


0


0


See Note 2




0308 11 00 


-- Live, fresh or chilled


0


0


See Note 2




0308 12 00 


-- Frozen


0


0


See Note 2




0308 19 00 


-- Other


0


0


See Note 2




0308 21 00 


-- Live, fresh or chilled


0


0


See Note 2




0308 22 00 


-- Frozen


0


0


See Note 2




0308 29 00 


-- Other


0


0


See Note 2




0308 30 50 


-- Frozen


0


0


See Note 2




0308 30 80 


-- Other


0


0


See Note 2




0308 90 10 


-- Live, fresh or chilled


0


0


See Note 2




0308 90 50 


-- Frozen


0


0


See Note 2




0308 90 90 


-- Other


0


0


See Note 2




0401 10 10 


-- In immediate packings of a net content not exceeding two litres


13,8  EUR/100 kg


0


 




0401 10 90 


-- Other


12,9  EUR/100 kg


0


 




0401 20 11 


--- In immediate packings of a net content not exceeding two litres


18,8  EUR/100 kg


0


 




0401 20 19 


--- Other


17,9  EUR/100 kg


0


 




0401 20 91 


--- In immediate packings of a net content not exceeding two litres


22,7  EUR/100 kg


0


 




0401 20 99 


--- Other


21,8  EUR/100 kg


0


 




0401 40 10 


-- In immediate packings of a net content not exceeding two litres


57,5  EUR/100 kg


0


 




0401 40 90 


-- Other


56,6  EUR/100 kg


0


 




0401 50 11 


--- In immediate packings of a net content not exceeding two litres


57,5  EUR/100 kg


0


 




0401 50 19 


--- Other


56,6  EUR/100 kg


0


 




0401 50 31 


--- In immediate packings of a net content not exceeding two litres


110 EUR/100 kg


0


 




0401 50 39 


--- Other


109,1  EUR/100 kg


0


 




0401 50 91 


--- In immediate packings of a net content not exceeding two litres


183,7  EUR/100 kg


0


 




0401 50 99 


--- Other


182,8  EUR/100 kg


0


 




0402 10 11 


--- In immediate packings of a net content not exceeding 2,5  kg


125,4  EUR/100 kg


0


 




0402 10 19 


--- Other


118,8  EUR/100 kg


0


 




0402 10 91 


--- In immediate packings of a net content not exceeding 2,5  kg


1,19  EUR/kg/lactic matter + 27,5  EUR/100 kg


0


 




0402 10 99 


--- Other


1,19  EUR/kg/lactic matter + 21 EUR/100 kg


0


 




0402 21 11 


---- In immediate packings of a net content not exceeding 2,5  kg


135,7  EUR/100 kg


0


 




0402 21 18 


---- Other


130,4  EUR/100 kg


0


 




0402 21 91 


---- In immediate packings of a net content not exceeding 2,5  kg


167,2  EUR/100 kg


0


 




0402 21 99 


---- Other


161,9  EUR/100 kg


0


 




0402 29 11 


---- Special milk, for infants, in hermetically sealed containers of a net content not exceeding 500 g, of a fat content, by weight, exceeding 10 %


1,31  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0402 29 15 


----- In immediate packings of a net content not exceeding 2,5  kg


1,31  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0402 29 19 


----- Other


1,31  EUR/kg/lactic matter + 16,8  EUR/100 kg


0


 




0402 29 91 


---- In immediate packings of a net content not exceeding 2,5  kg


1,62  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0402 29 99 


---- Other


1,62  EUR/kg/lactic matter + 16,8  EUR/100 kg


0


 




0402 91 10 


--- Of a fat content, by weight, not exceeding 8 %


34,7  EUR/100 kg


0


 




0402 91 30 


--- Of a fat content, by weight, exceeding 8 % but not exceeding 10 %


43,4  EUR/100 kg


0


 




0402 91 51 


---- In immediate packings of a net content not exceeding 2,5  kg


110 EUR/100 kg


0


 




0402 91 59 


---- Other


109,1  EUR/100 kg


0


 




0402 91 91 


---- In immediate packings of a net content not exceeding 2,5  kg


183,7  EUR/100 kg


0


 




0402 91 99 


---- Other


182,8  EUR/100 kg


0


 




0402 99 10 


--- Of a fat content, by weight, not exceeding 9,5  %


57,2  EUR/100 kg


0


 




0402 99 31 


---- In immediate packings of a net content not exceeding 2,5  kg


1,08  EUR/kg/lactic matter + 19,4  EUR/100 kg


0


 




0402 99 39 


---- Other


1,08  EUR/kg/lactic matter + 18,5  EUR/100 kg


0


 




0402 99 91 


---- In immediate packings of a net content not exceeding 2,5  kg


1,81  EUR/kg/lactic matter + 19,4  EUR/100 kg


0


 




0402 99 99 


---- Other


1,81  EUR/kg/lactic matter + 18,5  EUR/100 kg


0


 




0403 10 11 


---- Not exceeding 3 %


20,5  EUR/100 kg


0


 




0403 10 13 


---- Exceeding 3 % but not exceeding 6 %


24,4  EUR/100 kg


0


 




0403 10 19 


---- Exceeding 6 %


59,2  EUR/100 kg


0


 




0403 10 31 


---- Not exceeding 3 %


0,17  EUR/kg/lactic matter + 21,1  EUR/100 kg


0


 




0403 10 33 


---- Exceeding 3 % but not exceeding 6 %


0,2  EUR/kg/lactic matter + 21,1  EUR/100 kg


0


 




0403 10 39 


---- Exceeding 6 %


0,54  EUR/kg/lactic matter + 21,1  EUR/100 kg


0


 




0403 10 51 


---- Not exceeding 1,5  %


0 + 95 EUR/100 kg


0


 




0403 10 53 


---- Exceeding 1,5  % but not exceeding 27 %


0 + 130,4  EUR/100 kg


0


 




0403 10 59 


---- Exceeding 27 %


0 + 168,8  EUR/100 kg


0


 




0403 10 91 


---- Not exceeding 3 %


0 + 12,4  EUR/100 kg


0


 




0403 10 93 


---- Exceeding 3 % but not exceeding 6 %


0 + 17,1  EUR/100 kg


0


 




0403 10 99 


---- Exceeding 6 %


0 + 26,6  EUR/100 kg


0


 




0403 90 11 


----- Not exceeding 1,5  %


100,4  EUR/100 kg


0


 




0403 90 13 


----- Exceeding 1,5  % but not exceeding 27 %


135,7  EUR/100 kg


0


 




0403 90 19 


----- Exceeding 27 %


167,2  EUR/100 kg


0


 




0403 90 31 


----- Not exceeding 1,5  %


0,95  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0403 90 33 


----- Exceeding 1,5  % but not exceeding 27 %


1,31  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0403 90 39 


----- Exceeding 27 %


1,62  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0403 90 51 


----- Not exceeding 3 %


20,5  EUR/100 kg


0


 




0403 90 53 


----- Exceeding 3 % but not exceeding 6 %


24,4  EUR/100 kg


0


 




0403 90 59 


----- Exceeding 6 %


59,2  EUR/100 kg


0


 




0403 90 61 


----- Not exceeding 3 %


0,17  EUR/kg/lactic matter + 21,1  EUR/100 kg


0


 




0403 90 63 


----- Exceeding 3 % but not exceeding 6 %


0,2  EUR/kg/lactic matter + 21,1  EUR/100 kg


0


 




0403 90 69 


----- Exceeding 6 %


0,54  EUR/kg/lactic matter + 21,1  EUR/100 kg


0


 




0403 90 71 


---- Not exceeding 1,5  %


0 + 95 EUR/100 kg


0


 




0403 90 73 


---- Exceeding 1,5  % but not exceeding 27 %


0 + 130,4  EUR/100 kg


0


 




0403 90 79 


---- Exceeding 27 %


0 + 168,8  EUR/100 kg


0


 




0403 90 91 


---- Not exceeding 3 %


0 + 12,4  EUR/100 kg


0


 




0403 90 93 


---- Exceeding 3 % but not exceeding 6 %


0 + 17,1  EUR/100 kg


0


 




0403 90 99 


---- Exceeding 6 %


0 + 26,6  EUR/100 kg


0


 




0404 10 02 


----- Not exceeding 1,5  %


7 EUR/100 kg


0


 




0404 10 04 


----- Exceeding 1,5  % but not exceeding 27 %


135,7  EUR/100 kg


0


 




0404 10 06 


----- Exceeding 27 %


167,2  EUR/100 kg


0


 




0404 10 12 


----- Not exceeding 1,5  %


100,4  EUR/100 kg


0


 




0404 10 14 


----- Exceeding 1,5  % but not exceeding 27 %


135,7  EUR/100 kg


0


 




0404 10 16 


----- Exceeding 27 %


167,2  EUR/100 kg


0


 




0404 10 26 


----- Not exceeding 1,5  %


0,07  EUR/kg/lactic matter + 16,8  EUR/100 kg


0


 




0404 10 28 


----- Exceeding 1,5  % but not exceeding 27 %


1,31  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 10 32 


----- Exceeding 27 %


1,62  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 10 34 


----- Not exceeding 1,5  %


0,95  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 10 36 


----- Exceeding 1,5  % but not exceeding 27 %


1,31  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 10 38 


----- Exceeding 27 %


1,62  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 10 48 


----- Not exceeding 1,5  %


0,07  EUR/kg/dry lactic matter


0


 




0404 10 52 


----- Exceeding 1,5  % but not exceeding 27 %


135,7  EUR/100 kg


0


 




0404 10 54 


----- Exceeding 27 %


167,2  EUR/100 kg


0


 




0404 10 56 


----- Not exceeding 1,5  %


100,4  EUR/100 kg


0


 




0404 10 58 


----- Exceeding 1,5  % but not exceeding 27 %


135,7  EUR/100 kg


0


 




0404 10 62 


----- Exceeding 27 %


167,2  EUR/100 kg


0


 




0404 10 72 


----- Not exceeding 1,5  %


0,07  EUR/kg/dry lactic matter + 16,8  EUR/100 kg


0


 




0404 10 74 


----- Exceeding 1,5  % but not exceeding 27 %


1,31  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 10 76 


----- Exceeding 27 %


1,62  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 10 78 


----- Not exceeding 1,5  %


0,95  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 10 82 


----- Exceeding 1,5  % but not exceeding 27 %


1,31  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 10 84 


----- Exceeding 27 %


1,62  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 90 21 


--- Not exceeding 1,5  %


100,4  EUR/100 kg


0


 




0404 90 23 


--- Exceeding 1,5  % but not exceeding 27 %


135,7  EUR/100 kg


0


 




0404 90 29 


--- Exceeding 27 %


167,2  EUR/100 kg


0


 




0404 90 81 


--- Not exceeding 1,5  %


0,95  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 90 83 


--- Exceeding 1,5  % but not exceeding 27 %


1,31  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0404 90 89 


--- Exceeding 27 %


1,62  EUR/kg/lactic matter + 22 EUR/100 kg


0


 




0405 10 11 


---- In immediate packings of a net content not exceeding 1 kg


189,6  EUR/100 kg


0


 




0405 10 19 


---- Other


189,6  EUR/100 kg


0


 




0405 10 30 


--- Recombined butter


189,6  EUR/100 kg


0


 




0405 10 50 


--- Whey butter


189,6  EUR/100 kg


0


 




0405 10 90 


-- Other


231,3  EUR/100 kg


0


 




0405 20 10 


-- Of a fat content, by weight, of 39 % or more but less than 60 %


0 + EA


0


 




0405 20 30 


-- Of a fat content, by weight, of 60 % or more but not exceeding 75 %


0 + EA


0


 




0405 20 90 


-- Of a fat content, by weight, of more than 75 % but less than 80 %


189,6  EUR/100 kg


0


 




0405 90 10 


-- Of a fat content, by weight, of 99,3  % or more and of a water content, by weight, not exceeding 0,5  %


231,3  EUR/100 kg


0


 




0405 90 90 


-- Other


231,3  EUR/100 kg


0


 




0406 10 30 


--- Mozzarella, whether or not in a liquid


185,2  EUR/100 kg


0


 




0406 10 50 


--- Other


185,2  EUR/100 kg


0


 




0406 10 80 


-- Other


221,2  EUR/100 kg


0


 




0406 20 00 


- Grated or powdered cheese, of all kinds


188,2  EUR/100 kg


0


 




0406 30 10 


-- In the manufacture of which no cheeses other than Emmentaler, Gruyère and Appenzell have been used and which may contain, as an addition, Glarus herb cheese (known as Schabziger); put up for retail sale, of a fat content by weight in the dry matter not exceeding 56 %


144,9  EUR/100 kg


0


 




0406 30 31 


---- Not exceeding 48 %


139,1  EUR/100 kg


0


 




0406 30 39 


---- Exceeding 48 %


144,9  EUR/100 kg


0


 




0406 30 90 


--- Of a fat content, by weight, exceeding 36 %


215 EUR/100 kg


0


 




0406 40 10 


-- Roquefort


140,9  EUR/100 kg


0


 




0406 40 50 


-- Gorgonzola


140,9  EUR/100 kg


0


 




0406 40 90 


-- Other


140,9  EUR/100 kg


0


 




0406 90 01 


-- For processing


167,1  EUR/100 kg


0


 




0406 90 13 


--- Emmentaler


171,7  EUR/100 kg


0


 




0406 90 15 


--- Gruyère, Sbrinz


171,7  EUR/100 kg


0


 




0406 90 17 


--- Bergkäse, Appenzell


171,7  EUR/100 kg


0


 




0406 90 18 


--- Fromage fribourgeois, Vacherin Mont d'Or and Tête de Moine


171,7  EUR/100 kg


0


 




0406 90 21 


--- Cheddar


167,1  EUR/100 kg


0


 




0406 90 23 


--- Edam


151 EUR/100 kg


0


 




0406 90 25 


--- Tilsit


151 EUR/100 kg


0


 




0406 90 29 


--- Kashkaval


151 EUR/100 kg


0


 




0406 90 32 


--- Feta


151 EUR/100 kg


0


 




0406 90 35 


--- Kefalo-Tyri


151 EUR/100 kg


0


 




0406 90 37 


--- Finlandia


151 EUR/100 kg


0


 




0406 90 39 


--- Jarlsberg


151 EUR/100 kg


0


 




0406 90 50 


---- Cheese of sheep's milk or buffalo milk in containers containing brine, or in sheepskin or goatskin bottles


151 EUR/100 kg


0


 




0406 90 61 


------- Grana Padano, Parmigiano Reggiano


188,2  EUR/100 kg


0


 




0406 90 63 


------- Fiore Sardo, Pecorino


188,2  EUR/100 kg


0


 




0406 90 69 


------- Other


188,2  EUR/100 kg


0


 




0406 90 73 


------- Provolone


151 EUR/100 kg


0


 




0406 90 74 


------- Maasdam


151 EUR/100 kg


0


 




0406 90 75 


------- Asiago, Caciocavallo, Montasio, Ragusano


151 EUR/100 kg


0


 




0406 90 76 


------- Danbo, Fontal, Fontina, Fynbo, Havarti, Maribo, Samsø


151 EUR/100 kg


0


 




0406 90 78 


------- Gouda


151 EUR/100 kg


0


 




0406 90 79 


------- Esrom, Italico, Kernhem, Saint-Nectaire, Saint-Paulin, Taleggio


151 EUR/100 kg


0


 




0406 90 81 


------- Cantal, Cheshire, Wensleydale, Lancashire, Double Gloucester, Blarney, Colby, Monterey


151 EUR/100 kg


0


 




0406 90 82 


------- Camembert


151 EUR/100 kg


0


 




0406 90 84 


------- Brie


151 EUR/100 kg


0


 




0406 90 85 


------- Kefalograviera, Kasseri


151 EUR/100 kg


0


 




0406 90 86 


-------- Exceeding 47 % but not exceeding 52 %


151 EUR/100 kg


0


 




0406 90 89 


-------- Exceeding 52 % but not exceeding 62 %


151 EUR/100 kg


0


 




0406 90 92 


-------- Exceeding 62 % but not exceeding 72 %


151 EUR/100 kg


0


 




0406 90 93 


------ Exceeding 72 %


185,2  EUR/100 kg


0


 




0406 90 99 


----- Other


221,2  EUR/100 kg


0


 




0407 11 00 


-- Of fowls of the species Gallus domesticus



35 EUR/1 000  p/st


E


TRQ-EG




0407 19 11 


---- Of turkeys or geese


105 EUR/1 000  p/st


E


TRQ-EG




0407 19 19 


---- Other


35 EUR/1 000  p/st


E


TRQ-EG




0407 19 90 


--- Other


0


0


See Note 2




0407 21 00 


-- Of fowls of the species Gallus domesticus



30,4  EUR/100 kg


E


TRQ-EG




0407 29 10 


--- Of poultry, other than of fowls of the species Gallus domesticus



30,4  EUR/100 kg


E


TRQ-EG




0407 29 90 


--- Other


0


0


See Note 2




0407 90 10 


-- Of poultry


30,4  EUR/100 kg


E


TRQ-EG




0407 90 90 


-- Other


0


0


See Note 2




0408 11 20 


--- Unfit for human consumption


0


0


See Note 2




0408 11 80 


--- Other


142,3  EUR/100 kg


E


TRQ-EG




0408 19 20 


--- Unfit for human consumption


0


0


See Note 2




0408 19 81 


---- Liquid


62 EUR/100 kg


E


TRQ-EG




0408 19 89 


---- Other, including frozen


66,3  EUR/100 kg


E


TRQ-EG




0408 91 20 


--- Unfit for human consumption


0


0


See Note 2




0408 91 80 


--- Other


137,4  EUR/100 kg


E


TRQ-EG




0408 99 20 


--- Unfit for human consumption


0


0


See Note 2




0408 99 80 


--- Other


35,3  EUR/100 kg


E


TRQ-EG




0409 00 00 


Natural honey


0


0


See Note 2




0410 00 00 


Edible products of animal origin, not elsewhere specified or included


0


0


See Note 2




0701 10 00 


- Seed


0


0


See Note 2




0701 90 10 


-- For the manufacture of starch


0


0


See Note 2




0701 90 50 


--- New, from 1 January to 30 June


0


0


See Note 2




0701 90 90 


--- Other


0


0


See Note 2




0702 00 00 


Tomatoes, fresh or chilled


0 % + specific duty component of the entry price system


0+EP


See Note 3




0703 10 11 


--- Sets


0


0


See Note 2




0703 10 19 


--- Other


0


0


See Note 2




0703 10 90 


-- Shallots


0


0


See Note 2




0703 20 00 


- Garlic


0 + 120 EUR/100 kg


E


TRQ-GC




0703 90 00 


- Leeks and other alliaceous vegetables


0


0


See Note 2




0704 10 00 


- Cauliflowers and headed broccoli:


—


—


 




 


-- From 15 April to 30 November


10,1 


0


 




 


-- Other


6,1 


0


 




0704 20 00 


- Brussels sprouts


0


0


See Note 2




0704 90 10 


-- White cabbages and red cabbages


8,5 


0


 




0704 90 90 


-- Other


0


0


See Note 2




0705 11 00 


-- Cabbage lettuce (head lettuce):


—


—


 




 


--- From 1 April to 30 November


8,5 


0


 




 


--- Other


6,9 


0


 




0705 19 00 


-- Other


0


0


See Note 2




0705 21 00 


-- Witloof chicory (Cichorium intybus var. foliosum)


0


0


See Note 2




0705 29 00 


-- Other


0


0


See Note 2




0706 10 00 


- Carrots and turnips


0


0


See Note 2




0706 90 10 


-- Celeriac (rooted celery or German celery)


0


0


See Note 2




0706 90 30 


-- Horseradish (Cochlearia armoracia)


0


0


See Note 2




0706 90 90 


-- Other


0


0


See Note 2




0707 00 05 


- Cucumbers


0 % + specific duty component of the entry price system


0+EP


See Note 3




0707 00 90 


- Gherkins


0


0


See Note 2




0708 10 00 


- Peas (Pisum sativum)


0


0


See Note 2




0708 20 00 


- Beans (Vigna spp., Phaseolus spp.):


—


—


 




 


-- From 1 July to 30 September


10,1 


0


 




 


-- Other


6,9 


0


 




0708 90 00 


- Other leguminous vegetables


0


0


See Note 2




0709 20 00 


- Asparagus


0


0


See Note 2




0709 30 00 


- Aubergines (eggplants)


0


0


See Note 2




0709 40 00 


- Celery other than celeriac


0


0


See Note 2




0709 51 00 


-- Mushrooms of the genus Agaricus



0


0


See Note 2




0709 59 10 


--- Chanterelles


0


0


See Note 2




0709 59 30 


--- Flap mushrooms


0


0


See Note 2




0709 59 50 


--- Truffles


0


0


See Note 2




0709 59 90 


--- Other


0


0


See Note 2




0709 60 10 


-- Sweet peppers


0


0


See Note 2




0709 60 91 


--- Of the genus Capsicum, for the manufacture of capsicin or capsicum oleoresin dyes


0


0


See Note 2




0709 60 95 


--- For the industrial manufacture of essential oils or resinoids


0


0


See Note 2




0709 60 99 


--- Other


0


0


See Note 2




0709 70 00 


- Spinach, New Zealand spinach and orache spinach (garden spinach)


0


0


See Note 2




0709 91 00 


-- Globe artichokes


0 % + specific duty component of the entry price system


0+EP


See Note 3




0709 92 10 


--- For uses other than the production of oil


0


0


See Note 2




0709 92 90 


--- Other


13,1  EUR/100 kg


7


 




0709 93 10 


--- Courgettes


0 % + specific duty component of the entry price system


0+EP


See Note 3




0709 93 90 


--- Other


0


0


See Note 2




0709 99 10 


--- Salad vegetables, other than lettuce (Lactuca sativa) and chicory (Cichorium spp.)


0


0


See Note 2




0709 99 20 


--- Chard (or white beet) and cardoons


0


0


See Note 2




0709 99 40 


--- Capers


0


0


See Note 2




0709 99 50 


--- Fennel


0


0


See Note 2




0709 99 60 


--- Sweetcorn


9,4  EUR/100 kg


5


 




0709 99 90 


--- Other


0


0


See Note 2




0710 10 00 


- Potatoes


0


0


See Note 2




0710 21 00 


-- Peas (Pisum sativum)


0


0


See Note 2




0710 22 00 


-- Beans (Vigna spp., Phaseolus spp.)


0


0


See Note 2




0710 29 00 


-- Other


0


0


See Note 2




0710 30 00 


- Spinach, New Zealand spinach and orache spinach (garden spinach)


0


0


See Note 2




0710 40 00 


- Sweetcorn


1,6  + 9,4  EUR/100 kg/net eda


3


 




0710 80 10 


-- Olives


0


0


See Note 2




0710 80 51 


--- Sweet peppers


0


0


See Note 2




0710 80 59 


--- Other


0


0


See Note 2




0710 80 61 


--- Of the genus Agaricus



0


0


See Note 2




0710 80 69 


--- Other


0


0


See Note 2




0710 80 70 


-- Tomatoes


0


0


See Note 2




0710 80 80 


-- Globe artichokes


0


0


See Note 2




0710 80 85 


-- Asparagus


0


0


See Note 2




0710 80 95 


-- Other


0


0


See Note 2




0710 90 00 


- Mixtures of vegetables


0


0


See Note 2




0711 20 10 


-- For uses other than the production of oil


0


0


See Note 2




0711 20 90 


-- Other


13,1  EUR/100 kg


7


 




0711 40 00 


- Cucumbers and gherkins


0


0


See Note 2




0711 51 00 


-- Mushrooms of the genus Agaricus



6,1  + 191 EUR/100 kg/net eda


7


 




0711 59 00 


-- Other


0


0


See Note 2




0711 90 10 


--- Fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers


0


0


See Note 2




0711 90 30 


--- Sweetcorn


1,6  + 9,4  EUR/100 kg/net eda


3


 




0711 90 50 


--- Onions


0


0


See Note 2




0711 90 70 


--- Capers


0


0


See Note 2




0711 90 80 


--- Other


0


0


See Note 2




0711 90 90 


-- Mixtures of vegetables


0


0


See Note 2




0712 20 00 


- Onions


0


0


See Note 2




0712 31 00 


-- Mushrooms of the genus Agaricus



0


0


See Note 2




0712 32 00 


-- Wood ears (Auricularia spp.)


0


0


See Note 2




0712 33 00 


-- Jelly fungi (Tremella spp.)


0


0


See Note 2




0712 39 00 


-- Other


0


0


See Note 2




0712 90 05 


-- Potatoes, whether or not cut or sliced but not further prepared


0


0


See Note 2




0712 90 11 


--- Hybrids for sowing


0


0


See Note 2




0712 90 19 


--- Other


9,4  EUR/100 kg


5


 




0712 90 30 


-- Tomatoes


0


0


See Note 2




0712 90 50 


-- Carrots


0


0


See Note 2




0712 90 90 


-- Other


0


0


See Note 2




0713 10 10 


-- For sowing


0


0


See Note 2




0713 10 90 


-- Other


0


0


See Note 2




0713 20 00 


- Chickpeas (garbanzos)


0


0


See Note 2




0713 31 00 


-- Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek


0


0


See Note 2




0713 32 00 


-- Small red (Adzuki) beans (Phaseolus or Vigna angularis)


0


0


See Note 2




0713 33 10 


--- For sowing


0


0


See Note 2




0713 33 90 


--- Other


0


0


See Note 2




0713 34 00 


-- Bambara beans (Vigna subterranea or Voandzeia subterranea)


0


0


See Note 2




0713 35 00 


-- Cow peas (Vigna unguiculata)


0


0


See Note 2




0713 39 00 


-- Other


0


0


See Note 2




0713 40 00 


- Lentils


0


0


See Note 2




0713 50 00 


- Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. minor)


0


0


See Note 2




0713 60 00 


- Pigeon peas (Cajanus cajan)


0


0


See Note 2




0713 90 00 


- Other


0


0


See Note 2




0714 10 00 


- Manioc (cassava)


9,5  EUR/100 kg


5


 




0714 20 10 


-- Fresh, whole, intended for human consumption


0


0


See Note 2




0714 20 90 


-- Other


4,4  EUR/100 kg


0


 




0714 30 00 


- Yams (Dioscorea spp.)


9,5  EUR/100 kg


5


 




0714 40 00 


- Taro (Colocasia spp.)


9,5  EUR/100 kg


5


 




0714 50 00 


- Yautia (Xanthosoma spp.)


9,5  EUR/100 kg


5


 




0714 90 20 


-- Arrowroot, salep and similar roots and tubers with high starch content


9,5  EUR/100 kg


5


 




0714 90 90 


-- Other


0


0


See Note 2




0801 11 00 


-- Desiccated


0


0


See Note 2




0801 12 00 


-- In the inner shell (endocarp)


0


0


See Note 2




0801 19 00 


-- Other


0


0


See Note 2




0801 21 00 


-- In shell


0


0


See Note 2




0801 22 00 


-- Shelled


0


0


See Note 2




0801 31 00 


-- In shell


0


0


See Note 2




0801 32 00 


-- Shelled


0


0


See Note 2




0802 11 10 


--- Bitter


0


0


See Note 2




0802 11 90 


--- Other


0


0


See Note 2




0802 12 10 


--- Bitter


0


0


See Note 2




0802 12 90 


--- Other


0


0


See Note 2




0802 21 00 


-- In shell


0


0


See Note 2




0802 22 00 


-- Shelled


0


0


See Note 2




0802 31 00 


-- In shell


0


0


See Note 2




0802 32 00 


-- Shelled


0


0


See Note 2




0802 41 00 


-- In shell


0


0


See Note 2




0802 42 00 


-- Shelled


0


0


See Note 2




0802 51 00 


-- In shell


0


0


See Note 2




0802 52 00 


-- Shelled


0


0


See Note 2




0802 61 00 


-- In shell


0


0


See Note 2




0802 62 00 


-- Shelled


0


0


See Note 2




0802 70 00 


- Kola nuts (Cola spp.)


0


0


See Note 2




0802 80 00 


- Areca nuts


0


0


See Note 2




0802 90 10 


-- Pecans


0


0


See Note 2




0802 90 50 


-- Pine nuts (Pinus spp.)


0


0


See Note 2




0802 90 85 


-- Other


0


0


See Note 2




0803 10 10 


-- Fresh


0


0


See Note 2




0803 10 90 


-- Dried


0


0


See Note 2




0803 90 10 


-- Fresh


117 EUR/1 000  kg


E


 




0803 90 90 


-- Dried


0


0


See Note 2




0804 10 00 


- Dates


0


0


See Note 2




0804 20 10 


-- Fresh


0


0


See Note 2




0804 20 90 


-- Dried


0


0


See Note 2




0804 30 00 


- Pineapples


0


0


See Note 2




0804 40 00 


- Avocados


0


0


See Note 2




0804 50 00 


- Guavas, mangoes and mangosteens


0


0


See Note 2




0805 10 22 


--- Navel oranges:


—


—


 




 


---- From 1 June to 30 November


0


0


See Note 2




 


---- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




0805 10 24 


--- White oranges:


—


—


 




 


---- From 1 June to 30 November


0


0


See Note 2




 


---- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




0805 10 28 


--- Other:


—


—


 




 


---- From 1 June to 30 November


0


0


See Note 2




 


---- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




0805 10 80 


-- Other


0


0


See Note 2




0805 21 10 


--- Satsumas:


—


—


 




 


---- From 1 March to 31 October


0


0


See Note 2




 


---- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




0805 21 90 


--- Other:


—


—


 




 


---- From 1 March to 31 October


0


0


See Note 2




 


---- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




0805 22 00 


-- Clementines:


—


—


 




 


--- From 1 March to 31 October


0


0


See Note 2




 


--- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




0805 29 00 


-- Other:


—


—


 




 


--- From 1 March to 31 October


0


0


See Note 2




 


--- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




0805 40 00 


- Grapefruit, including pomelos


0


0


See Note 2




0805 50 10 


-- Lemons (Citrus limon, Citrus limonum)


0 % + specific duty component of the entry price system


0+EP


See Note 3




0805 50 90 


-- Limes (Citrus aurantifolia, Citrus latifolia)


0


0


See Note 2




0805 90 00 


- Other


0


0


See Note 2




0806 10 10 


-- Table grapes:


—


—


 




 


--- From 21 July to 20 November


0 % + specific duty component of the entry price system


0+EP


See Note 3




 


--- Other


0


0


See Note 2




0806 10 90 


-- Other


0


0


See Note 2




0806 20 10 


-- Currants


0


0


See Note 2




0806 20 30 


-- Sultanas


0


0


See Note 2




0806 20 90 


-- Other


0


0


See Note 2




0807 11 00 


-- Watermelons


0


0


See Note 2




0807 19 00 


-- Other


0


0


See Note 2




0807 20 00 


- Papaws (papayas)


0


0


See Note 2




0808 10 10 


-- Cider apples, in bulk, from 16 September to 15 December


0


0


See Note 2




0808 10 80 


-- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




0808 30 10 


-- Perry pears, in bulk, from 1 August to 31 December


0


0


See Note 2




0808 30 90 


-- Other:


—


—


 




 


--- From 1 May to 30 June


0


0


See Note 2




 


--- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




0808 40 00 


- Quinces


0


0


See Note 2




0809 10 00 


- Apricots:


—


—


 




 


-- From 1 June to 31 July


0 % + specific duty component of the entry price system


0+EP


See Note 3




 


-- Other


0


0


See Note 2




0809 21 00 


-- Sour cherries (Prunus cerasus):


—


—


 




 


--- From 21 May to 10 August


0 % + specific duty component of the entry price system


0+EP


See Note 3




 


--- Other


0


0


See Note 2




0809 29 00 


-- Other:


—


—


 




 


--- From 21 May to 10 August


0 % + specific duty component of the entry price system


0+EP


See Note 3




 


--- Other


0


0


See Note 2




0809 30 10 


-- Nectarines:


—


—


 




 


--- From 11 June to 30 September


0 % + specific duty component of the entry price system


0+EP


See Note 3




 


--- Other


0


0


See Note 2




0809 30 90 


-- Other:


—


—


 




 


--- From 11 June to 30 September


0 % + specific duty component of the entry price system


0+EP


See Note 3




 


--- Other


0


0


See Note 2




0809 40 05 


-- Plums:


—


—


 




 


--- From 11 June to 30 September


0 % + specific duty component of the entry price system


0+EP


See Note 3




 


--- Other


0


0


See Note 2




0809 40 90 


-- Sloes


0


0


See Note 2




0810 10 00 


- Strawberries


0


0


See Note 2




0810 20 10 


-- Raspberries


0


0


See Note 2




0810 20 90 


-- Other


0


0


See Note 2




0810 30 10 


-- Blackcurrants


0


0


See Note 2




0810 30 30 


-- Redcurrants


0


0


See Note 2




0810 30 90 


-- Other


0


0


See Note 2




0810 40 10 


-- Cowberries, foxberries or mountain cranberries (fruit of the species Vaccinium vitis-idaea)


0


0


See Note 2




0810 40 30 


-- Fruit of the species Vaccinium myrtillus



0


0


See Note 2




0810 40 50 


-- Fruit of the species Vaccinium macrocarpon and Vaccinium corymbosum



0


0


See Note 2




0810 40 90 


-- Other


0


0


See Note 2




0810 50 00 


- Kiwifruit


0


0


See Note 2




0810 60 00 


- Durians


0


0


See Note 2




0810 70 00 


- Persimmons


0


0


See Note 2




0810 90 20 


-- Tamarinds, cashew apples, lychees, jackfruit, sapodilla plums, passion fruit, carambola and pitahaya


0


0


See Note 2




0810 90 75 


-- Other


0


0


See Note 2




0811 10 11 


--- With a sugar content exceeding 13 % by weight


20,8  + 8,4  EUR/100 kg


5


 




0811 10 19 


--- Other


0


0


See Note 2




0811 10 90 


-- Other


0


0


See Note 2




0811 20 11 


--- With a sugar content exceeding 13 % by weight


17,3  + 8,4  EUR/100 kg


5


 




0811 20 19 


--- Other


0


0


See Note 2




0811 20 31 


--- Raspberries


0


0


See Note 2




0811 20 39 


--- Blackcurrants


0


0


See Note 2




0811 20 51 


--- Redcurrants


0


0


See Note 2




0811 20 59 


--- Blackberries and mulberries


0


0


See Note 2




0811 20 90 


--- Other


0


0


See Note 2




0811 90 11 


---- Tropical fruit and tropical nuts


9,5  + 5,3  EUR/100 kg


0


 




0811 90 19 


---- Other


17,3  + 8,4  EUR/100 kg


5


 




0811 90 31 


---- Tropical fruit and tropical nuts


0


0


See Note 2




0811 90 39 


---- Other


0


0


See Note 2




0811 90 50 


--- Fruit of the species Vaccinium myrtillus



0


0


See Note 2




0811 90 70 


--- Fruit of the species Vaccinium myrtilloides and Vaccinium angustifolium



0


0


See Note 2




0811 90 75 


---- Sour cherries (Prunus cerasus)


0


0


See Note 2




0811 90 80 


---- Other


0


0


See Note 2




0811 90 85 


--- Tropical fruit and tropical nuts


0


0


See Note 2




0811 90 95 


--- Other


0


0


See Note 2




0812 10 00 


- Cherries


0


0


See Note 2




0812 90 25 


-- Apricots; oranges


0


0


See Note 2




0812 90 30 


-- Papaws (papayas)


0


0


See Note 2




0812 90 40 


-- Fruit of the species Vaccinium myrtillus



0


0


See Note 2




0812 90 70 


-- Guavas, mangoes, mangosteens, tamarinds, cashew apples, lychees, jackfruit, sapodillo plums, passion fruit, carambola, pitahaya and tropical nuts


0


0


See Note 2




0812 90 98 


-- Other


0


0


See Note 2




0813 10 00 


- Apricots


0


0


See Note 2




0813 20 00 


- Prunes


0


0


See Note 2




0813 30 00 


- Apples


0


0


See Note 2




0813 40 10 


-- Peaches, including nectarines


0


0


See Note 2




0813 40 30 


-- Pears


0


0


See Note 2




0813 40 50 


-- Papaws (papayas)


0


0


See Note 2




0813 40 65 


-- Tamarinds, cashew apples, lychees, jackfruit, sapodillo plums, passion fruit, carambola and pitahaya


0


0


See Note 2




0813 40 95 


-- Other


0


0


See Note 2




0813 50 12 


---- Of papaws (papayas), tamarinds, cashew apples, lychees, jackfruit, sapodillo plums, passion fruit, carambola and pitahaya


0


0


See Note 2




0813 50 15 


---- Other


0


0


See Note 2




0813 50 19 


--- Containing prunes


0


0


See Note 2




0813 50 31 


--- Of tropical nuts


0


0


See Note 2




0813 50 39 


--- Other


0


0


See Note 2




0813 50 91 


--- Not containing prunes or figs


0


0


See Note 2




0813 50 99 


--- Other


0


0


See Note 2




0814 00 00 


Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions


0


0


See Note 2




1001 11 00 


-- Seed


148 EUR/1 000  kg


7


 




1001 19 00 


-- Other


148 EUR/1 000  kg


7


 




1001 91 10 


--- Spelt


0


0


See Note 2




1001 91 20 


--- Common wheat and meslin


95 EUR/1 000  kg


7


 




1001 91 90 


--- Other


95 EUR/1 000  kg


7


 




1001 99 00 


-- Other


95 EUR/1 000  kg


7


 




1002 10 00 


- Seed


93 EUR/1 000  kg


7


 




1002 90 00 


- Other


93 EUR/1 000  kg


7


 




1003 10 00 


- Seed


93 EUR/1 000  kg


7


 




1003 90 00 


- Other


93 EUR/1 000  kg


7


 




1004 10 00 


- Seed


89 EUR/1 000  kg


7


 




1004 90 00 


- Other


89 EUR/1 000  kg


7


 




1005 10 13 


--- Three-cross hybrids


0


0


See Note 2




1005 10 15 


--- Simple hybrids


0


0


See Note 2




1005 10 18 


--- Other


0


0


See Note 2




1005 10 90 


-- Other


94 EUR/1 000  kg


7


 




1005 90 00 


- Other


94 EUR/1 000  kg


7


 




1006 10 10 


-- For sowing


0


0


See Note 2




1006 10 30 


--- Round grain


211 EUR/1 000  kg


E


 




1006 10 50 


--- Medium grain


211 EUR/1 000  kg


E


 




1006 10 71 


---- Of a length/width ratio greater than 2 but less than 3


211 EUR/1 000  kg


E


 




1006 10 79 


---- Of a length/width ratio equal to or greater than 3


211 EUR/1 000  kg


E


 




1006 20 11 


--- Round grain


65 EUR/1 000  kg


E


 




1006 20 13 


--- Medium grain


65 EUR/1 000  kg


E


 




1006 20 15 


---- Of a length/width ratio greater than 2 but less than 3


65 EUR/1 000  kg


E


 




1006 20 17 


---- Of a length/width ratio equal to or greater than 3


65 EUR/1 000  kg


E


 




1006 20 92 


--- Round grain


65 EUR/1 000  kg


E


 




1006 20 94 


--- Medium grain


65 EUR/1 000  kg


E


 




1006 20 96 


---- Of a length/width ratio greater than 2 but less than 3


65 EUR/1 000  kg


E


 




1006 20 98 


---- Of a length/width ratio equal to or greater than 3


65 EUR/1 000  kg


E


 




1006 30 21 


---- Round grain


175 EUR/1 000  kg


E


 




1006 30 23 


---- Medium grain


175 EUR/1 000  kg


E


 




1006 30 25 


----- Of a length/width ratio greater than 2 but less than 3


175 EUR/1 000  kg


E


 




1006 30 27 


----- Of a length/width ratio equal to or greater than 3


175 EUR/1 000  kg


E


 




1006 30 42 


---- Round grain


175 EUR/1 000  kg


E


 




1006 30 44 


---- Medium grain


175 EUR/1 000  kg


E


 




1006 30 46 


----- Of a length/width ratio greater than 2 but less than 3


175 EUR/1 000  kg


E


 




1006 30 48 


----- Of a length/width ratio equal to or greater than 3


175 EUR/1 000  kg


E


 




1006 30 61 


---- Round grain


175 EUR/1 000  kg


E


 




1006 30 63 


---- Medium grain


175 EUR/1 000  kg


E


 




1006 30 65 


----- Of a length/width ratio greater than 2 but less than 3


175 EUR/1 000  kg


E


 




1006 30 67 


----- Of a length/width ratio equal to or greater than 3


175 EUR/1 000  kg


E


 




1006 30 92 


---- Round grain


175 EUR/1 000  kg


E


 




1006 30 94 


---- Medium grain


175 EUR/1 000  kg


E


 




1006 30 96 


----- Of a length/width ratio greater than 2 but less than 3


175 EUR/1 000  kg


E


 




1006 30 98 


----- Of a length/width ratio equal to or greater than 3


175 EUR/1 000  kg


E


 




1006 40 00 


- Broken rice


65 EUR/1 000  kg


E


 




1007 10 10 


-- Hybrids


0


0


See Note 2




1007 10 90 


-- Other


94 EUR/1 000  kg


7


 




1007 90 00 


- Other


94 EUR/1 000  kg


7


 




1008 10 00 


- Buckwheat


37 EUR/1 000  kg


7


 




1008 21 00 


-- Seed


56 EUR/1 000  kg


7


 




1008 29 00 


-- Other


56 EUR/1 000  kg


7


 




1008 30 00 


- Canary seed


0


0


See Note 2




1008 40 00 


- Fonio (Digitaria spp.)


37 EUR/1 000  kg


7


 




1008 50 00 


- Quinoa (Chenopodium quinoa)


25,9  EUR/1 000  kg


3


 




1008 60 00 


- Triticale


93 EUR/1 000  kg


7


 




1008 90 00 


- Other cereals


37 EUR/1 000  kg


7


 




1101 00 11 


-- Of durum wheat


172 EUR/1 000  kg


7


 




1101 00 15 


-- Of common wheat and spelt


172 EUR/1 000  kg


7


 




1101 00 90 


- Meslin flour


172 EUR/1 000  kg


7


 




1102 20 10 


-- Of a fat content not exceeding 1,5  % by weight


173 EUR/1 000  kg


7


 




1102 20 90 


-- Other


98 EUR/1 000  kg


7


 




1102 90 10 


-- Barley flour


171 EUR/1 000  kg


7


 




1102 90 30 


-- Oat flour


164 EUR/1 000  kg


7


 




1102 90 50 


-- Rice flour


138 EUR/1 000  kg


7


 




1102 90 70 


-- Rye flour


168 EUR/1 000  kg


7


 




1102 90 90 


-- Other


98 EUR/1 000  kg


7


 




1103 11 10 


--- Durum wheat


267 EUR/1 000  kg


7


 




1103 11 90 


--- Common wheat and spelt


186 EUR/1 000  kg


7


 




1103 13 10 


--- Of a fat content not exceeding 1,5  % by weight


173 EUR/1 000  kg


7


 




1103 13 90 


--- Other


98 EUR/1 000  kg


7


 




1103 19 20 


--- Of rye or barley


171 EUR/1 000  kg


7


 




1103 19 40 


--- Of oats


164 EUR/1 000  kg


7


 




1103 19 50 


--- Of rice


138 EUR/1 000  kg


7


 




1103 19 90 


--- Other


98 EUR/1 000  kg


7


 




1103 20 25 


-- Of rye or barley


171 EUR/1 000  kg


7


 




1103 20 30 


-- Of oats


164 EUR/1 000  kg


7


 




1103 20 40 


-- Of maize


173 EUR/1 000  kg


7


 




1103 20 50 


-- Of rice


138 EUR/1 000  kg


7


 




1103 20 60 


-- Of wheat


175 EUR/1 000  kg


7


 




1103 20 90 


-- Other


98 EUR/1 000  kg


7


 




1104 12 10 


--- Rolled


93 EUR/1 000  kg


3


TRQ-PC




1104 12 90 


--- Flaked


182 EUR/1 000  kg


3


TRQ-PC




1104 19 10 


--- Of wheat


175 EUR/1 000  kg


3


TRQ-PC




1104 19 30 


--- Of rye


171 EUR/1 000  kg


3


TRQ-PC




1104 19 50 


--- Of maize


173 EUR/1 000  kg


3


TRQ-PC




1104 19 61 


---- Rolled


97 EUR/1 000  kg


3


TRQ-PC




1104 19 69 


---- Flaked


189 EUR/1 000  kg


3


TRQ-PC




1104 19 91 


---- Flaked rice


234 EUR/1 000  kg


3


TRQ-PC




1104 19 99 


---- Other


173 EUR/1 000  kg


3


TRQ-PC




1104 22 40 


--- Hulled (shelled or husked), whether or not sliced or kibbled


162 EUR/1 000  kg


3


TRQ-PC




1104 22 50 


--- Pearled


145 EUR/1 000  kg


3


TRQ-PC




1104 22 95 


--- Other


93 EUR/1 000  kg


3


TRQ-PC




1104 23 40 


--- Hulled (shelled or husked), whether or not sliced or kibbled; pearled


152 EUR/1 000  kg


3


TRQ-PC




1104 23 98 


--- Other


98 EUR/1 000  kg


3


TRQ-PC




1104 29 04 


---- Hulled (shelled or husked), whether or not sliced or kibbled


150 EUR/1 000  kg


3


TRQ-PC




1104 29 05 


---- Pearled


236 EUR/1 000  kg


3


TRQ-PC




1104 29 08 


---- Other


97 EUR/1 000  kg


3


TRQ-PC




1104 29 17 


---- Hulled (shelled or husked), whether or not sliced or kibbled


129 EUR/1 000  kg


3


TRQ-PC




1104 29 30 


---- Pearled


154 EUR/1 000  kg


3


TRQ-PC




1104 29 51 


----- Of wheat


99 EUR/1 000  kg


3


TRQ-PC




1104 29 55 


----- Of rye


97 EUR/1 000  kg


3


TRQ-PC




1104 29 59 


----- Other


98 EUR/1 000  kg


3


TRQ-PC




1104 29 81 


----- Of wheat


99 EUR/1 000  kg


3


TRQ-PC




1104 29 85 


----- Of rye


97 EUR/1 000  kg


3


TRQ-PC




1104 29 89 


----- Other


98 EUR/1 000  kg


3


TRQ-PC




1104 30 10 


-- Of wheat


76 EUR/1 000  kg


3


TRQ-PC




1104 30 90 


-- Of other cereals


75 EUR/1 000  kg


3


TRQ-PC




1105 10 00 


- Flour, meal and powder


0


0


See Note 2




1105 20 00 


- Flakes, granules and pellets


0


0


See Note 2




1106 10 00 


- Of the dried leguminous vegetables of heading 0713


0


0


See Note 2




1106 20 10 


-- Denatured


95 EUR/1 000  kg


5


 




1106 20 90 


-- Other


166 EUR/1 000  kg


5


 




1106 30 10 


-- Of bananas


0


0


See Note 2




1106 30 90 


-- Other


0


0


See Note 2




1107 10 11 


--- In the form of flour


177 EUR/1 000  kg


5


 




1107 10 19 


--- Other


134 EUR/1 000  kg


5


 




1107 10 91 


--- In the form of flour


173 EUR/1 000  kg


5


 




1107 10 99 


--- Other


131 EUR/1 000  kg


5


 




1107 20 00 


- Roasted


152 EUR/1 000  kg


5


 




1108 11 00 


-- Wheat starch


224 EUR/1 000  kg


E


TRQ-SH




1108 12 00 


-- Maize (corn) starch


166 EUR/1 000  kg


E


TRQ-SH




1108 13 00 


-- Potato starch


166 EUR/1 000  kg


E


TRQ-SH




1108 14 00 


-- Manioc (cassava) starch


166 EUR/1 000  kg


E


TRQ-SH




1108 19 10 


--- Rice starch


216 EUR/1 000  kg


E


TRQ-SH




1108 19 90 


--- Other


166 EUR/1 000  kg


E


TRQ-SH




1108 20 00 


- Inulin


0


0


See Note 2




1109 00 00 


Wheat gluten, whether or not dried


512 EUR/1 000  kg


E


TRQ-SH




1201 10 00 


- Seed


0


0


See Note 2




1201 90 00 


- Other


0


0


See Note 2




1202 30 00 


- Seed


0


0


See Note 2




1202 41 00 


-- In shell


0


0


See Note 2




1202 42 00 


-- Shelled, whether or not broken


0


0


See Note 2




1203 00 00 


Copra


0


0


See Note 2




1204 00 10 


- For sowing


0


0


See Note 2




1204 00 90 


- Other


0


0


See Note 2




1205 10 10 


-- For sowing


0


0


See Note 2




1205 10 90 


-- Other


0


0


See Note 2




1205 90 00 


- Other


0


0


See Note 2




1206 00 10 


- For sowing


0


0


See Note 2




1206 00 91 


-- Shelled; in grey-and-white-striped shell


0


0


See Note 2




1206 00 99 


-- Other


0


0


See Note 2




1207 10 00 


- Palm nuts and kernels


0


0


See Note 2




1207 21 00 


-- Seed


0


0


See Note 2




1207 29 00 


-- Other


0


0


See Note 2




1207 30 00 


- Castor oil seeds


0


0


See Note 2




1207 40 10 


-- Seed


0


0


See Note 2




1207 40 90 


-- Other


0


0


See Note 2




1207 50 10 


-- Seed


0


0


See Note 2




1207 50 90 


-- Other


0


0


See Note 2




1207 60 00 


- Safflower (Carthamus tinctorius) seeds


0


0


See Note 2




1207 70 00 


- Melon seeds


0


0


See Note 2




1207 91 10 


--- Seed


0


0


See Note 2




1207 91 90 


--- Other


0


0


See Note 2




1207 99 20 


--- Seed


0


0


See Note 2




1207 99 91 


---- Hemp seeds


0


0


See Note 2




1207 99 96 


---- Other


0


0


See Note 2




1208 10 00 


- Of soya beans


0


0


See Note 2




1208 90 00 


- Other


0


0


See Note 2




1209 10 00 


- Sugar beet seeds


0


0


See Note 2




1209 21 00 


-- Lucerne (alfalfa) seeds


0


0


See Note 2




1209 22 10 


--- Red clover (Trifolium pratense L.)


0


0


See Note 2




1209 22 80 


--- Other


0


0


See Note 2




1209 23 11 


--- Meadow fescue (Festuca pratensis Huds.) seeds


0


0


See Note 2




1209 23 15 


--- Red fescue (Festuca rubra L.) seeds


0


0


See Note 2




1209 23 80 


--- Other


0


0


See Note 2




1209 24 00 


-- Kentucky blue grass (Poa pratensis L.) seeds


0


0


See Note 2




1209 25 10 


--- Italian ryegrass (including westerwolds) (Lolium multiflorum Lam.)


0


0


See Note 2




1209 25 90 


--- Perennial ryegrass (Lolium perenne L.)


0


0


See Note 2




1209 29 45 


--- Timothy grass seed; vetch seed; seeds of the genus Poa (Poa palustris L., Poa trivialis L.); cocksfoot grass (Dactylis glomerata L.); bent grass (Agrostis)


0


0


See Note 2




1209 29 50 


--- Lupine seed


0


0


See Note 2




1209 29 60 


--- Fodder beet seed (Beta vulgaris var. alba)


0


0


See Note 2




1209 29 80 


--- Other


0


0


See Note 2




1209 30 00 


- Seeds of herbaceous plants cultivated principally for their flowers


0


0


See Note 2




1209 91 30 


--- Salad beet seed or beetroot seed (Beta vulgaris var. conditiva)


0


0


See Note 2




1209 91 80 


--- Other


0


0


See Note 2




1209 99 10 


--- Forest-tree seeds


0


0


See Note 2




1209 99 91 


---- Seeds of plants cultivated principally for their flowers, other than those of subheading 1209 30 


0


0


See Note 2




1209 99 99 


---- Other


0


0


See Note 2




1210 10 00 


- Hop cones, neither ground nor powdered nor in the form of pellets


0


0


See Note 2




1210 20 10 


-- Hop cones, ground, powdered or in the form of pellets, with higher lupulin content; lupulin


0


0


See Note 2




1210 20 90 


-- Other


0


0


See Note 2




1211 20 00 


- Ginseng roots


0


0


See Note 2




1211 30 00 


- Coca leaf


0


0


See Note 2




1211 40 00 


- Poppy straw


0


0


See Note 2




1211 50 00 


- Ephedra


0


0


See Note 2




1211 90 30 


-- Tonquin beans


0


0


See Note 2




1211 90 86 


-- Other


0


0


See Note 2




1212 21 00 


-- Fit for human consumption


0


0


See Note 2




1212 29 00 


-- Other


0


0


See Note 2




1212 91 20 


--- Dried, whether or not ground


23 EUR/100 kg


5


 




1212 91 80 


--- Other


6,7  EUR/100 kg


5


 




1212 92 00 


-- Locust beans (carob)


0


0


See Note 2




1212 93 00 


-- Sugar cane


4,6  EUR/100 kg


5


 




1212 94 00 


-- Chicory roots


0


0


See Note 2




1212 99 41 


---- Not decorticated, crushed or ground


0


0


See Note 2




1212 99 49 


---- Other


0


0


See Note 2




1212 99 95 


--- Other


0


0


See Note 2




1213 00 00 


Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets


0


0


See Note 2




1214 10 00 


- Lucerne (alfalfa) meal and pellets


0


0


See Note 2




1214 90 10 


-- Mangolds, swedes and other fodder roots


0


0


See Note 2




1214 90 90 


-- Other


0


0


See Note 2




1301 20 00 


- Gum Arabic


0


0


See Note 2




1301 90 00 


- Other


0


0


See Note 2




1302 11 00 


-- Opium


0


0


See Note 2




1302 12 00 


-- Of liquorice


0


0


See Note 2




1302 13 00 


-- Of hops


0


0


See Note 2




1302 14 00 


-- Of ephedra


0


0


See Note 2




1302 19 05 


--- Vanilla oleoresin


0


0


See Note 2




1302 19 70 


--- Other


0


0


See Note 2




1302 20 10 


-- Dry


9,6 


0


 




1302 20 90 


-- Other


5,6 


0


 




1302 31 00 


-- Agar-agar


0


0


See Note 2




1302 32 10 


--- Of locust beans or locust bean seeds


0


0


See Note 2




1302 32 90 


--- Of guar seeds


0


0


See Note 2




1302 39 00 


-- Other


0


0


See Note 2




1501 10 10 


-- For industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1501 10 90 


-- Other


17,2  EUR/100 kg


7


 




1501 20 10 


-- For industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1501 20 90 


-- Other


17,2  EUR/100 kg


7


 




1501 90 00 


- Other


0


0


See Note 2




1502 10 10 


-- For industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1502 10 90 


-- Other


0


0


See Note 2




1502 90 10 


-- For industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1502 90 90 


-- Other


0


0


See Note 2




1503 00 11 


-- For industrial uses


0


0


See Note 2




1503 00 19 


-- Other


0


0


See Note 2




1503 00 30 


- Tallow oil for industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1503 00 90 


- Other


0


0


See Note 2




1504 10 10 


-- Of a vitamin A content not exceeding 2 500  International Units per gram


0


0


See Note 2




1504 10 91 


--- Of halibut


0


0


See Note 2




1504 10 99 


--- Other


0


0


See Note 2




1504 20 10 


-- Solid fractions


0


0


See Note 2




1504 20 90 


-- Other


0


0


See Note 2




1504 30 10 


-- Solid fractions


0


0


See Note 2




1504 30 90 


-- Other


0


0


See Note 2




1505 00 10 


- Wool grease, crude


0


0


See Note 2




1505 00 90 


- Other


0


0


See Note 2




1506 00 00 


Other animal fats and oils and their fractions, whether or not refined, but not chemically modified


0


0


See Note 2




1507 10 10 


-- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1507 10 90 


-- Other


0


0


See Note 2




1507 90 10 


-- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1507 90 90 


-- Other


0


0


See Note 2




1508 10 10 


-- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1508 10 90 


-- Other


0


0


See Note 2




1508 90 10 


-- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1508 90 90 


-- Other


0


0


See Note 2




1509 10 10 


-- Lampante olive oil


122,6  EUR/100 kg


E


TRQ-OL




1509 10 20 


-- Extra virgin olive oil


124,5  EUR/100 kg


E


TRQ-OL




1509 10 80 


-- Other


124,5  EUR/100 kg


E


TRQ-OL




1509 90 00 


- Other


134,6  EUR/100 kg


E


TRQ-OL




1510 00 10 


- Crude oils


110,2  EUR/100 kg


E


TRQ-OL




1510 00 90 


- Other


160,3  EUR/100 kg


E


TRQ-OL




1511 10 10 


-- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1511 10 90 


-- Other


0


0


See Note 2




1511 90 11 


--- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




1511 90 19 


--- Other


0


0


See Note 2




1511 90 91 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1511 90 99 


--- Other


0


0


See Note 2




1512 11 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1512 11 91 


---- Sunflower-seed oil


0


0


See Note 2




1512 11 99 


---- Safflower oil


0


0


See Note 2




1512 19 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1512 19 90 


--- Other


0


0


See Note 2




1512 21 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1512 21 90 


--- Other


0


0


See Note 2




1512 29 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1512 29 90 


--- Other


0


0


See Note 2




1513 11 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1513 11 91 


---- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




1513 11 99 


---- Other


0


0


See Note 2




1513 19 11 


---- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




1513 19 19 


---- Other


0


0


See Note 2




1513 19 30 


---- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1513 19 91 


----- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




1513 19 99 


----- Other


0


0


See Note 2




1513 21 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1513 21 30 


---- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




1513 21 90 


---- Other


0


0


See Note 2




1513 29 11 


---- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




1513 29 19 


---- Other


0


0


See Note 2




1513 29 30 


---- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1513 29 50 


----- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




1513 29 90 


----- Other


0


0


See Note 2




1514 11 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1514 11 90 


--- Other


0


0


See Note 2




1514 19 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1514 19 90 


--- Other


0


0


See Note 2




1514 91 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1514 91 90 


--- Other


0


0


See Note 2




1514 99 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1514 99 90 


--- Other


0


0


See Note 2




1515 11 00 


-- Crude oil


0


0


See Note 2




1515 19 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1515 19 90 


--- Other


0


0


See Note 2




1515 21 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1515 21 90 


--- Other


0


0


See Note 2




1515 29 10 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1515 29 90 


--- Other


0


0


See Note 2




1515 30 10 


-- For the production of aminoundecanoic acid for use in the manufacture of synthetic textile fibres or of artificial plastic materials


0


0


See Note 2




1515 30 90 


-- Other


0


0


See Note 2




1515 50 11 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1515 50 19 


--- Other


0


0


See Note 2




1515 50 91 


--- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1515 50 99 


--- Other


0


0


See Note 2




1515 90 11 


-- Tung oil; jojoba and oiticica oils; myrtle wax and Japan wax; their fractions


0


0


See Note 2




1515 90 21 


---- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1515 90 29 


---- Other


0


0


See Note 2




1515 90 31 


---- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1515 90 39 


---- Other


0


0


See Note 2




1515 90 40 


---- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1515 90 51 


----- Solid, in immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




1515 90 59 


----- Solid, other; fluid


0


0


See Note 2




1515 90 60 


---- For technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1515 90 91 


----- Solid, in immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




1515 90 99 


----- Solid, other; fluid


0


0


See Note 2




1516 10 10 


-- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




1516 10 90 


-- Other


0


0


See Note 2




1516 20 10 


-- Hydrogenated castor oil, so called ‘opal-wax’


0


0


See Note 2




1516 20 91 


--- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




1516 20 95 


---- Colza, linseed, rapeseed, sunflower-seed, illipe, karite, makore, touloucouna or babassu oils, for technical or industrial uses other than the manufacture of foodstuffs for human consumption


0


0


See Note 2




1516 20 96 


----- Groundnut, cotton-seed, soya-bean or sunflower-seed oils; other oils containing less than 50 % by weight of free fatty acids and excluding palm kernel, illipe, coconut, colza, rapeseed or copaiba oils


0


0


See Note 2




1516 20 98 


----- Other


0


0


See Note 2




1517 10 10 


-- Containing, by weight, more than 10 % but not more than 15 % of milkfats


0 + 28,4  EUR/100 kg


0


 




1517 10 90 


-- Other


0


0


See Note 2




1517 90 10 


-- Containing, by weight, more than 10 % but not more than 15 % of milkfats


0 + 28,4  EUR/100 kg


0


 




1517 90 91 


--- Fixed vegetable oils, fluid, mixed


0


0


See Note 2




1517 90 93 


--- Edible mixtures or preparations of a kind used as mould-release preparations


0


0


See Note 2




1517 90 99 


--- Other


0


0


See Note 2




1518 00 10 


- Linoxyn


0


0


See Note 2




1518 00 31 


-- Crude


0


0


See Note 2




1518 00 39 


-- Other


0


0


See Note 2




1518 00 91 


-- Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516


0


0


See Note 2




1518 00 95 


--- Inedible mixtures or preparations of animal or of animal and vegetable fats and oils and their fractions


0


0


See Note 2




1518 00 99 


--- Other


0


0


See Note 2




1520 00 00 


Glycerol, crude; glycerol waters and glycerol lyes


0


0


See Note 2




1521 10 00 


- Vegetable waxes


0


0


See Note 2




1521 90 10 


-- Spermaceti, whether or not refined or coloured


0


0


See Note 2




1521 90 91 


--- Raw


0


0


See Note 2




1521 90 99 


--- Other


0


0


See Note 2




1522 00 10 


- Degras


0


0


See Note 2




1522 00 31 


--- Soapstocks


29,9  EUR/100 kg


5


 




1522 00 39 


--- Other


47,8  EUR/100 kg


5


 




1522 00 91 


--- Oil foots and dregs; soapstocks


0


0


See Note 2




1522 00 99 


--- Other


0


0


See Note 2




1601 00 10 


- Of liver


0


0


See Note 2




1601 00 91 


-- Sausages, dry or for spreading, uncooked


149,4  EUR/100 kg


E


TRQ-PK




1601 00 99 


-- Other


100,5  EUR/100 kg


E


TRQ-PK




1602 10 00 


- Homogenised preparations


0


0


See Note 2




1602 20 10 


-- Goose or duck liver


0


0


See Note 2




1602 20 90 


-- Other


0


0


See Note 2




1602 31 11 


---- Containing exclusively uncooked turkey meat


0


0


See Note 2




1602 31 19 


---- Other


0


0


See Note 2




1602 31 80 


--- Other


0


0


See Note 2




1602 32 11 


---- Uncooked


2 765  EUR/1 000  kg


E


TRQ-PY




1602 32 19 


---- Other


0


0


See Note 2




1602 32 30 


--- Containing 25 % or more but less than 57 % by weight of poultry meat or offal


0


0


See Note 2




1602 32 90 


--- Other


0


0


See Note 2




1602 39 21 


---- Uncooked


2 765  EUR/1 000  kg


E


TRQ-PY




1602 39 29 


---- Other


0


0


See Note 2




1602 39 85 


--- Other


0


0


See Note 2




1602 41 10 


--- Of domestic swine


156,8  EUR/100 kg


E


TRQ-PK




1602 41 90 


--- Other


0


0


See Note 2




1602 42 10 


--- Of domestic swine


129,3  EUR/100 kg


E


TRQ-PK




1602 42 90 


--- Other


0


0


See Note 2




1602 49 11 


----- Loins (excluding collars) and cuts thereof, including mixtures of loins or hams


156,8  EUR/100 kg


E


TRQ-PK




1602 49 13 


----- Collars and cuts thereof, including mixtures of collars and shoulders


129,3  EUR/100 kg


E


TRQ-PK




1602 49 15 


----- Other mixtures containing hams (legs), shoulders, loins or collars, and cuts thereof


129,3  EUR/100 kg


E


TRQ-PK




1602 49 19 


----- Other


85,7  EUR/100 kg


E


TRQ-PK




1602 49 30 


---- Containing by weight 40 % or more but less than 80 % of meat or meat offal, of any kind, including fats of any kind or origin


75 EUR/100 kg


E


TRQ-PK




1602 49 50 


---- Containing by weight less than 40 % of meat or meat offal, of any kind, including fats of any kind or origin


54,3  EUR/100 kg


E


TRQ-PK




1602 49 90 


--- Other


0


0


See Note 2




1602 50 10 


-- Uncooked; mixtures of cooked meat or offal and uncooked meat or offal


303,4  EUR/100 kg


E


TRQ-BF




1602 50 31 


--- Corned beef, in airtight containers


0


0


See Note 2




1602 50 95 


--- Other


0


0


See Note 2




1602 90 10 


-- Preparations of blood of any animal


0


0


See Note 2




1602 90 31 


--- Of game or rabbit


0


0


See Note 2




1602 90 51 


---- Containing meat or meat offal of domestic swine


85,7  EUR/100 kg


E


TRQ-PK




1602 90 61 


------ Uncooked; mixtures of cooked meat or offal and uncooked meat or offal


303,4  EUR/100 kg


E


TRQ-BF




1602 90 69 


------ Other


0


0


See Note 2




1602 90 91 


------ Of sheep


0


0


See Note 2




1602 90 95 


------ Of goats


0


0


See Note 2




1602 90 99 


------ Other


0


0


See Note 2




1603 00 10 


- In immediate packings of a net content of 1 kg or less


0


0


See Note 2




1603 00 80 


- Other


0


0


See Note 2




1604 11 00 


-- Salmon


0


0


See Note 2




1604 12 10 


--- Fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen


0


0


See Note 2




1604 12 91 


---- In airtight containers


0


0


See Note 2




1604 12 99 


---- Other


0


0


See Note 2




1604 13 11 


---- In olive oil


0


0


See Note 2




1604 13 19 


---- Other


0


0


See Note 2




1604 13 90 


--- Other


0


0


See Note 2




1604 14 21 


----- In vegetable oil


20,5 


E


TRQ-Fish




1604 14 26 


------ Fillets known as ‘loins’


20,5 


E


TRQ-Fish




1604 14 28 


------ Other


20,5 


E


TRQ-Fish




1604 14 31 


----- In vegetable oil


20,5 


E


TRQ-Fish




1604 14 36 


------ Fillets known as ‘loins’


20,5 


E


TRQ-Fish




1604 14 38 


------ Other


20,5 


E


TRQ-Fish




1604 14 41 


----- In vegetable oil


20,5 


E


TRQ-Fish




1604 14 46 


------ Fillets known as ‘loins’


20,5 


E


TRQ-Fish




1604 14 48 


------ Other


20,5 


E


TRQ-Fish




1604 14 90 


--- Bonito (Sarda spp.)


0


0


See Note 2




1604 15 11 


---- Fillets


0


0


See Note 2




1604 15 19 


---- Other


0


0


See Note 2




1604 15 90 


--- Of the species Scomber australasicus



0


0


See Note 2




1604 16 00 


-- Anchovies


0


0


See Note 2




1604 17 00 


-- Eels


0


0


See Note 2




1604 18 00 


-- Shark fins


0


0


See Note 2




1604 19 10 


--- Salmonidae, other than salmon


0


0


See Note 2




1604 19 31 


---- Fillets known as ‘loins’


20,5 


E


TRQ-Fish




1604 19 39 


---- Other


20,5 


E


TRQ-Fish




1604 19 50 


--- Fish of the species Orcynopsis unicolor



0


0


See Note 2




1604 19 91 


---- Fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen


0


0


See Note 2




1604 19 92 


----- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)


0


0


See Note 2




1604 19 93 


----- Coalfish (Pollachius virens)


0


0


See Note 2




1604 19 94 


----- Hake (Merluccius spp., Urophycis spp.)


0


0


See Note 2




1604 19 95 


----- Alaska pollock (Theragra chalcogramma) and pollack (Pollachius pollachius)


0


0


See Note 2




1604 19 97 


----- Other


0


0


See Note 2




1604 20 05 


-- Preparations of surimi


0


0


See Note 2




1604 20 10 


--- Of salmon


0


0


See Note 2




1604 20 30 


--- Of Salmonidae, other than salmon


0


0


See Note 2




1604 20 40 


--- Of anchovies


0


0


See Note 2




1604 20 50 


--- Of sardines, bonito, mackerel of the species Scomber scombrus and Scomber japonicus, fish of the species Orcynopsis unicolor



0


0


See Note 2




1604 20 70 


--- Of tuna, skipjack or other fish of the genus Euthynnus



20,5 


E


TRQ-Fish




1604 20 90 


--- Of other fish


0


0


See Note 2




1604 31 00 


-- Caviar


0


0


See Note 2




1604 32 00 


-- Caviar substitutes


0


0


See Note 2




1605 10 00 


- Crab


0


0


See Note 2




1605 21 10 


--- In immediate packings of a net content not exceeding 2 kg


0


0


See Note 2




1605 21 90 


--- Other


0


0


See Note 2




1605 29 00 


-- Other


0


0


See Note 2




1605 30 10 


-- Lobster meat, cooked, for the manufacture of lobster butter or of lobster pastes, pâtés, soups or sauces


0


0


See Note 2




1605 30 90 


-- Other


0


0


See Note 2




1605 40 00 


- Other crustaceans


0


0


See Note 2




1605 51 00 


-- Oysters


0


0


See Note 2




1605 52 00 


-- Scallops, including queen scallops


0


0


See Note 2




1605 53 10 


--- In airtight containers


0


0


See Note 2




1605 53 90 


--- Other


0


0


See Note 2




1605 54 00 


-- Cuttlefish and squid


0


0


See Note 2




1605 55 00 


-- Octopus


0


0


See Note 2




1605 56 00 


-- Clams, cockles and arkshells


0


0


See Note 2




1605 57 00 


-- Abalone


0


0


See Note 2




1605 58 00 


-- Snails, other than sea snails


0


0


See Note 2




1605 59 00 


-- Other


0


0


See Note 2




1605 61 00 


-- Sea cucumbers


0


0


See Note 2




1605 62 00 


-- Sea urchins


0


0


See Note 2




1605 63 00 


-- Jellyfish


0


0


See Note 2




1605 69 00 


-- Other


0


0


See Note 2




1701 12 10 


--- For refining


33,9  EUR/100 kg std qual


E


 




1701 12 90 


--- Other


41,9  EUR/100 kg


E


 




1701 13 10 


--- For refining


33,9  EUR/100 kg std qual


E


 




1701 13 90 


--- Other


41,9  EUR/100 kg


E


 




1701 14 10 


--- For refining


33,9  EUR/100 kg std qual


E


 




1701 14 90 


--- Other


41,9  EUR/100 kg


E


 




1701 91 00 


-- Containing added flavouring or colouring matter


41,9  EUR/100 kg


E


 




1701 99 10 


--- White sugar


41,9  EUR/100 kg


E


 




1701 99 90 


--- Other


41,9  EUR/100 kg


E


 




1702 11 00 


-- Containing by weight 99 % or more lactose, expressed as anhydrous lactose, calculated on the dry matter


14 EUR/100 kg


7


 




1702 19 00 


-- Other


14 EUR/100 kg


7


 




1702 20 10 


-- Maple sugar in solid form, containing added flavouring or colouring matter


0,4  EUR/100 kg/net/% sacchar.


7


 




1702 20 90 


-- Other


0


0


See Note 2




1702 30 10 


-- Isoglucose


50,7  EUR/100 kg/net mas


E


TRQ-SR




1702 30 50 


--- In the form of white crystalline powder, whether or not agglomerated


26,8  EUR/100 kg


E


TRQ-SR




1702 30 90 


--- Other


20 EUR/100 kg


E


TRQ-SR




1702 40 10 


-- Isoglucose


50,7  EUR/100 kg/net mas


E


TRQ-SR




1702 40 90 


-- Other


20 EUR/100 kg


E


TRQ-SR




1702 50 00 


- Chemically pure fructose


12,5  + 50,7  EUR/100 kg/net mas


E


TRQ-SR




1702 60 10 


-- Isoglucose


50,7  EUR/100 kg/net mas


E


TRQ-SR




1702 60 80 


-- Inulin syrup


0,4  EUR/100 kg/net/% sacchar.


E


TRQ-SR




1702 60 95 


-- Other


0,4  EUR/100 kg/net/% sacchar.


E


TRQ-SR




1702 90 10 


-- Chemically pure maltose


8,9 


5


 




1702 90 30 


-- Isoglucose


50,7  EUR/100 kg/net mas


E


TRQ-SR




1702 90 50 


-- Maltodextrine and maltodextrine syrup


20 EUR/100 kg


7


TRQ-SR




1702 90 71 


--- Containing 50 % or more by weight of sucrose in the dry matter


0,4  EUR/100 kg/net/% sacchar.


7


TRQ-SR




1702 90 75 


---- In the form of powder, whether or not agglomerated


27,7  EUR/100 kg


7


TRQ-SR




1702 90 79 


---- Other


19,2  EUR/100 kg


7


TRQ-SR




1702 90 80 


-- Inulin syrup


0,4  EUR/100 kg/net/% sacchar.


7


TRQ-SR




1702 90 95 


-- Other


0,4  EUR/100 kg/net/% sacchar.


7


TRQ-SR




1703 10 00 


- Cane molasses


0,35  EUR/100 kg


7


 




1703 90 00 


- Other


0,35  EUR/100 kg


7


 




1704 10 10 


-- Containing less than 60 % by weight of sucrose (including invert sugar expressed as sucrose)


0 + 27,1  EUR/100 kg MAX 17,9 


3


TRQ-SRa




1704 10 90 


-- Containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose)


0 + 30,9  EUR/100 kg MAX 18,2 


3


TRQ-SRa




1704 90 10 


-- Liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances


4,6 


3


TRQ-SRa




1704 90 30 


-- White chocolate


0 + 45,1  EUR/100 kg MAX 18,9  + 16,5  EUR/100 kg


3


TRQ-SRa




1704 90 51 


--- Pastes, including marzipan, in immediate packings of a net content of 1 kg or more


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRa




1704 90 55 


--- Throat pastilles and cough drops


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRa




1704 90 61 


--- Sugar-coated (panned) goods


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRa




1704 90 65 


---- Gum confectionery and jelly confectionery, including fruit pastes in the form of sugar confectionery


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRa




1704 90 71 


---- Boiled sweets, whether or not filled


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRa




1704 90 75 


---- Toffees, caramels and similar sweets


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRa




1704 90 81 


----- Compressed tablets


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRa




1704 90 99 


----- Other


0 + EA MAX 18,7  +ADSZ


E


TRQ-SR




1801 00 00 


Cocoa beans, whole or broken, raw or roasted


0


0


See Note 2




1802 00 00 


Cocoa shells, husks, skins and other cocoa waste


0


0


See Note 2




1803 10 00 


- Not defatted


0


0


See Note 2




1803 20 00 


- Wholly or partly defatted


0


0


See Note 2




1804 00 00 


Cocoa butter, fat and oil


0


0


See Note 2




1805 00 00 


Cocoa powder, not containing added sugar or other sweetening matter


0


0


See Note 2




1806 10 15 


-- Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose


0


0


See Note 2




1806 10 20 


-- Containing 5 % or more but less than 65 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose


0 + 25,2  EUR/100 kg


5


 




1806 10 30 


-- Containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose


0 + 31,4  EUR/100 kg


E


TRQ-SR




1806 10 90 


-- Containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose


0 + 41,9  EUR/100 kg


E


TRQ-SR




1806 20 10 


-- Containing 31 % or more by weight of cocoa butter or containing a combined weight of 31 % or more of cocoa butter and milkfat


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 20 30 


-- Containing a combined weight of 25 % or more, but less than 31 % of cocoa butter and milkfat


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 20 50 


--- Containing 18 % or more by weight of cocoa butter


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 20 70 


--- Chocolate milk crumb


0 + EA


3


TRQ-SRb




1806 20 80 


--- Chocolate flavour coating


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 20 95 


--- Other


0 + EA MAX 18,7  +ADSZ


E


TRQ-SR




1806 31 00 


-- Filled


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 32 10 


--- With added cereal, fruit or nuts


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 32 90 


--- Other


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 90 11 


---- Containing alcohol


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 90 19 


---- Other


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 90 31 


---- Filled


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 90 39 


---- Not filled


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 90 50 


-- Sugar confectionery and substitutes therefor made from sugar substitution products, containing cocoa


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 90 60 


-- Spreads containing cocoa


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 90 70 


-- Preparations containing cocoa for making beverages


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1806 90 90 


-- Other


0 + EA MAX 18,7  +ADSZ


3


TRQ-SRb




1901 10 00 


- Preparations suitable for infants or young children, put up for retail sale


0 + EA


3


 




1901 20 00 


- Mixes and doughs for the preparation of bakers' wares of heading 1905


0 + EA


3


 




1901 90 11 


--- With a dry extract content of 90 % or more by weight


0 + 18 EUR/100 kg


3


 




1901 90 19 


--- Other


0 + 14,7  EUR/100 kg


3


 




1901 90 91 


--- Containing no milkfats, sucrose, isoglucose, glucose or starch or containing less than 1,5  % milkfat, 5 % sucrose (including invert sugar) or isoglucose, 5 % glucose or starch, excluding food preparations in powder form of goods of headings 0401 to 0404


0


0


See Note 2




1901 90 95 


--- Food preparations in powder form, consisting of a blend of skimmed milk and/or whey and vegetable fats/oils, with a content of fats/oils not exceeding 30 % by weight


0 + EA


E


TRQ-SR




1901 90 99 


--- Other


0 + EA


E


TRQ-SR




1902 11 00 


-- Containing eggs


0 + 24,6  EUR/100 kg


3


 




1902 19 10 


--- Containing no common wheat flour or meal


0 + 24,6  EUR/100 kg


3


 




1902 19 90 


--- Other


0 + 21,1  EUR/100 kg


3


 




1902 20 10 


-- Containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates


0


0


See Note 2




1902 20 30 


-- Containing more than 20 % by weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin


38 EUR/100 kg


3


 




1902 20 91 


--- Cooked


0 + 6,1  EUR/100 kg


3


 




1902 20 99 


--- Other


0 + 17,1  EUR/100 kg


3


 




1902 30 10 


-- Dried


0 + 24,6  EUR/100 kg


3


 




1902 30 90 


-- Other


0 + 9,7  EUR/100 kg


3


 




1902 40 10 


-- Unprepared


0


0


See Note 2




1902 40 90 


-- Other


0


0


See Note 2




1903 00 00 


Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms


0 + 15,1  EUR/100 kg


3


 




1904 10 10 


-- Obtained from maize


0 + 20 EUR/100 kg


3


 




1904 10 30 


-- Obtained from rice


0 + 46 EUR/100 kg


3


 




1904 10 90 


-- Other


0 + 33,6  EUR/100 kg


3


 




1904 20 10 


-- Preparation of the Müsli type based on unroasted cereal flakes


0 + EA


3


 




1904 20 91 


--- Obtained from maize


0 + 20 EUR/100 kg


3


 




1904 20 95 


--- Obtained from rice


0 + 46 EUR/100 kg


3


 




1904 20 99 


--- Other


0 + 33,6  EUR/100 kg


3


 




1904 30 00 


- Bulgur wheat


0 + 25,7  EUR/100 kg


3


 




1904 90 10 


-- Obtained from rice


0 + 46 EUR/100 kg


3


 




1904 90 80 


-- Other


0 + 25,7  EUR/100 kg


3


 




1905 10 00 


- Crispbread


0 + 13 EUR/100 kg


3


 




1905 20 10 


-- Containing by weight less than 30 % of sucrose (including invert sugar expressed as sucrose)


0 + 18,3  EUR/100 kg


3


 




1905 20 30 


-- Containing by weight 30 % or more but less than 50 % of sucrose (including invert sugar expressed as sucrose)


0 + 24,6  EUR/100 kg


3


 




1905 20 90 


-- Containing by weight 50 % or more of sucrose (including invert sugar expressed as sucrose)


0 + 31,4  EUR/100 kg


3


 




1905 31 11 


---- In immediate packings of a net content not exceeding 85 g


0 + EA MAX 24,2  +ADSZ


3


TRQ-BS




1905 31 19 


---- Other


0 + EA MAX 24,2  +ADSZ


3


TRQ-BS




1905 31 30 


---- Containing 8 % or more by weight of milkfats


0 + EA MAX 24,2  +ADSZ


3


TRQ-BS




1905 31 91 


----- Sandwich biscuits


0 + EA MAX 24,2  +ADSZ


3


TRQ-BS




1905 31 99 


----- Other


0 + EA MAX 24,2  +ADSZ


3


TRQ-BS




1905 32 05 


--- With a water content exceeding 10 % by weight


0 + EA MAX 20,7  +ADFM


3


TRQ-BS




1905 32 11 


----- In immediate packings of a net content not exceeding 85 g


0 + EA MAX 24,2  +ADSZ


3


TRQ-BS




1905 32 19 


----- Other


0 + EA MAX 24,2  +ADSZ


3


TRQ-BS




1905 32 91 


----- Salted, whether or not filled


0 + EA MAX 20,7  +ADFM


3


TRQ-BS




1905 32 99 


----- Other


0 + EA MAX 24,2  +ADSZ


3


TRQ-BS




1905 40 10 


-- Rusks


0 + EA


3


 




1905 40 90 


-- Other


0 + EA


3


 




1905 90 10 


-- Matzos


0 + 15,9  EUR/100 kg


3


 




1905 90 20 


-- Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products


0 + 60,5  EUR/100 kg


3


 




1905 90 30 


--- Bread, not containing added honey, eggs, cheese or fruit, and containing by weight in the dry matter state not more than 5 % of sugars and not more than 5 % of fat


0 + EA


3


 




1905 90 45 


--- Biscuits


0 + EA MAX 20,7  +ADFM


3


TRQ-BS




1905 90 55 


--- Extruded or expanded products, savoury or salted


0 + EA MAX 20,7  +ADFM


3


 




1905 90 70 


---- Containing 5 % or more, by weight, of sucrose, invert sugar or isoglucose


0 + EA MAX 24,2  +ADSZ


3


 




1905 90 80 


---- Other


0 + EA MAX 20,7  +ADFM


3


 




2001 10 00 


- Cucumbers and gherkins


0


0


See Note 2




2001 90 10 


-- Mango chutney


0


0


See Note 2




2001 90 20 


-- Fruit of the genus Capsicum other than sweet peppers or pimentos


0


0


See Note 2




2001 90 30 


-- Sweetcorn (Zea mays var. saccharata)


1,6  + 9,4  EUR/100 kg/net eda


E


TRQ-SC




2001 90 40 


-- Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch


0 + 3,8  EUR/100 kg/net eda


5


 




2001 90 50 


-- Mushrooms


0


0


See Note 2




2001 90 65 


-- Olives


0


0


See Note 2




2001 90 70 


-- Sweet peppers


0


0


See Note 2




2001 90 92 


-- Tropical fruit and tropical nuts; palm hearts


0


0


See Note 2




2001 90 97 


-- Other


0


0


See Note 2




2002 10 10 


-- Peeled


0


0


See Note 2




2002 10 90 


-- Other


0


0


See Note 2




2002 90 11 


--- In immediate packings of a net content exceeding 1 kg


0


0


See Note 2




2002 90 19 


--- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




2002 90 31 


--- In immediate packings of a net content exceeding 1 kg


0


0


See Note 2




2002 90 39 


--- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




2002 90 91 


--- In immediate packings of a net content exceeding 1 kg


0


0


See Note 2




2002 90 99 


--- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




2003 10 20 


-- Provisionally preserved, completely cooked


14,9  + 191 EUR/100 kg/net eda


7


TRQ-MS




2003 10 30 


-- Other


14,9  + 222 EUR/100 kg/net eda


7


TRQ-MS




2003 90 10 


-- Truffles


0


0


See Note 2




2003 90 90 


-- Other


0


0


See Note 2




2004 10 10 


-- Cooked, not otherwise prepared


0


0


See Note 2




2004 10 91 


--- In the form of flour, meal or flakes


0 + EA


5


 




2004 10 99 


--- Other


0


0


See Note 2




2004 90 10 


-- Sweetcorn (Zea mays var. saccharata)


1,6  + 9,4  EUR/100 kg/net eda


E


TRQ-SC




2004 90 30 


-- Sauerkraut, capers and olives


0


0


See Note 2




2004 90 50 


-- Peas (Pisum sativum) and immature beans of the species Phaseolus spp., in pod


0


0


See Note 2




2004 90 91 


--- Onions, cooked, not otherwise prepared


0


0


See Note 2




2004 90 98 


--- Other


0


0


See Note 2




2005 10 00 


- Homogenised vegetables


0


0


See Note 2




2005 20 10 


-- In the form of flour, meal or flakes


0 + EA


5


 




2005 20 20 


--- Thin slices, fried or baked, whether or not salted or flavoured, in airtight packings, suitable for immediate consumption


0


0


See Note 2




2005 20 80 


--- Other


0


0


See Note 2




2005 40 00 


- Peas (Pisum sativum)


0


0


See Note 2




2005 51 00 


-- Beans, shelled


0


0


See Note 2




2005 59 00 


-- Other


0


0


See Note 2




2005 60 00 


- Asparagus


0


0


See Note 2




2005 70 00 


- Olives


0


0


See Note 2




2005 80 00 


- Sweetcorn (Zea mays var. saccharata)


5,1  + 9,4  EUR/100 kg/net eda


E


TRQ-SC




2005 91 00 


-- Bamboo shoots


0


0


See Note 2




2005 99 10 


--- Fruit of the genus Capsicum, other than sweet peppers or pimentos


0


0


See Note 2




2005 99 20 


--- Capers


0


0


See Note 2




2005 99 30 


--- Globe artichokes


0


0


See Note 2




2005 99 50 


--- Mixtures of vegetables


0


0


See Note 2




2005 99 60 


--- Sauerkraut


0


0


See Note 2




2005 99 80 


--- Other


0


0


See Note 2




2006 00 10 


- Ginger


0


0


See Note 2




2006 00 31 


--- Cherries


16,5  + 23,9  EUR/100 kg


E


TRQ-SR




2006 00 35 


--- Tropical fruit and tropical nuts


9 + 15 EUR/100 kg


5


 




2006 00 38 


--- Other


16,5  + 23,9  EUR/100 kg


E


TRQ-SR




2006 00 91 


--- Tropical fruit and tropical nuts


0


0


See Note 2




2006 00 99 


--- Other


0


0


See Note 2




2007 10 10 


-- With a sugar content exceeding 13 % by weight


20,4  + 4,2  EUR/100 kg


E


TRQ-FP




2007 10 91 


--- Of tropical fruit


0


0


See Note 2




2007 10 99 


--- Other


0


0


See Note 2




2007 91 10 


--- With a sugar content exceeding 30 % by weight


16,5  + 23 EUR/100 kg


E


TRQ-SR




2007 91 30 


--- With a sugar content exceeding 13 % but not exceeding 30 % by weight


16,5  + 4,2  EUR/100 kg


E


TRQ-FP




2007 91 90 


--- Other


0


0


See Note 2




2007 99 10 


---- Plum purée and paste and prune purée and paste, in immediate packings of a net content exceeding 100 kg, for industrial processing


0


0


See Note 2




2007 99 20 


---- Chestnut purée and paste


20,5  + 19,7  EUR/100 kg


E


TRQ-FP




2007 99 31 


----- Of cherries:


—


—


 




ex 2007 99 31 


------ Fruit purées obtained by sieving then brought to the boil in a vacuum, the texture and chemical composition of which have not been changed by the heat treatment


0


0


See Note 2




ex 2007 99 31 


------ Other


20,5  + 23 EUR/100 kg


E


TRQ-FP




2007 99 33 


----- Of strawberries:


—


—


 




ex 2007 99 33 


------ Fruit purées obtained by sieving then brought to the boil in a vacuum, the texture and chemical composition of which have not been changed by the heat treatment


0


0


See Note 2




ex 2007 99 33 


------ Other


20,5  + 23 EUR/100 kg


E


TRQ-FP




2007 99 35 


----- Of raspberries:


—


—


 




ex 2007 99 35 


------ Fruit purées obtained by sieving then brought to the boil in a vacuum, the texture and chemical composition of which have not been changed by the heat treatment


0


0


See Note 2




ex 2007 99 35 


------ Other


20,5  + 23 EUR/100 kg


5


 




2007 99 39 


----- Other:


—


—


 




ex 2007 99 39 


------ Fig paste, pistachio paste, hazelnut paste


20,5  + 23 EUR/100 kg


E


TRQ-FP




ex 2007 99 39 


------ Fruit purées obtained by sieving then brought to the boil in a vacuum, the texture and chemical composition of which have not been changed by the heat treatment


0


0


See Note 2




ex 2007 99 39 


------ Other


20,5  + 23 EUR/100 kg


E


TRQ-FP




2007 99 50 


--- With a sugar content exceeding 13 % but not exceeding 30 % by weight:


—


—


 




ex 2007 99 50 


---- Chestnut purée and paste, fig paste, pistachio paste, hazelnut paste


20,5  + 4,2  EUR/100 kg


5


 




ex 2007 99 50 


---- Fruit purées obtained by sieving then brought to the boil in a vacuum, the texture and chemical composition of which have not been changed by the heat treatment


0


0


See Note 2




ex 2007 99 50 


---- Other


20,5  + 4,2  EUR/100 kg


5


 




2007 99 93 


---- Of tropical fruit and tropical nuts


0


0


See Note 2




2007 99 97 


---- Other


0


0


See Note 2




2008 11 10 


--- Peanut butter


4,4 


5


 




2008 11 91 


---- Exceeding 1 kg


0


0


See Note 2




2008 11 96 


----- Roasted


0


0


See Note 2




2008 11 98 


----- Other


0


0


See Note 2




2008 19 12 


---- Tropical nuts; mixtures containing by weight 50 % or more of tropical nuts


0


0


See Note 2




2008 19 13 


----- Roasted almonds and pistachios


0


0


See Note 2




2008 19 19 


----- Other


0


0


See Note 2




2008 19 92 


---- Tropical nuts; mixtures containing by weight 50 % or more of tropical nuts


0


0


See Note 2




2008 19 93 


------ Almonds and pistachios


0


0


See Note 2




2008 19 95 


------ Other


0


0


See Note 2




2008 19 99 


----- Other


0


0


See Note 2




2008 20 11 


---- With a sugar content exceeding 17 % by weight


22,1  + 2,5  EUR/100 kg


5


 




2008 20 19 


---- Other


0


0


See Note 2




2008 20 31 


---- With a sugar content exceeding 19 % by weight


22,1  + 2,5  EUR/100 kg


5


 




2008 20 39 


---- Other


0


0


See Note 2




2008 20 51 


---- With a sugar content exceeding 17 % by weight


0


0


See Note 2




2008 20 59 


---- Other


0


0


See Note 2




2008 20 71 


---- With a sugar content exceeding 19 % by weight


0


0


See Note 2




2008 20 79 


---- Other


0


0


See Note 2




2008 20 90 


--- Not containing added sugar


0


0


See Note 2




2008 30 11 


---- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 30 19 


---- Other


22,1  + 4,2  EUR/100 kg


E


TRQ-FP




2008 30 31 


---- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 30 39 


---- Other


0


0


See Note 2




2008 30 51 


---- Grapefruit segments, including pomelos


0


0


See Note 2




2008 30 55 


---- Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids


0


0


See Note 2




2008 30 59 


---- Other


0


0


See Note 2




2008 30 71 


---- Grapefruit segments, including pomelos


0


0


See Note 2




2008 30 75 


---- Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids


0


0


See Note 2




2008 30 79 


---- Other


0


0


See Note 2




2008 30 90 


--- Not containing added sugar


0


0


See Note 2




2008 40 11 


----- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 40 19 


----- Other


25,6  + 4,2  EUR/100 kg


E


TRQ-FP




2008 40 21 


----- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 40 29 


----- Other


0


0


See Note 2




2008 40 31 


---- With a sugar content exceeding 15 % by weight


25,6  + 4,2  EUR/100 kg


3


 




2008 40 39 


---- Other


0


0


See Note 2




2008 40 51 


---- With a sugar content exceeding 13 % by weight


0


0


See Note 2




2008 40 59 


---- Other


0


0


See Note 2




2008 40 71 


---- With a sugar content exceeding 15 % by weight


0


0


See Note 2




2008 40 79 


---- Other


0


0


See Note 2




2008 40 90 


--- Not containing added sugar


0


0


See Note 2




2008 50 11 


----- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 50 19 


----- Other


22,1  + 4,2  EUR/100 kg


3


 




2008 50 31 


----- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 50 39 


----- Other


0


0


See Note 2




2008 50 51 


---- With a sugar content exceeding 15 % by weight


22,1  + 4,2  EUR/100 kg


3


 




2008 50 59 


---- Other


0


0


See Note 2




2008 50 61 


---- With a sugar content exceeding 13 % by weight


0


0


See Note 2




2008 50 69 


---- Other


0


0


See Note 2




2008 50 71 


---- With a sugar content exceeding 15 % by weight


0


0


See Note 2




2008 50 79 


---- Other


0


0


See Note 2




2008 50 92 


---- Of 5 kg or more


0


0


See Note 2




2008 50 98 


---- Of less than 5 kg


0


0


See Note 2




2008 60 11 


---- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 60 19 


---- Other


22,1  + 4,2  EUR/100 kg


0


 




2008 60 31 


---- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 60 39 


---- Other


0


0


See Note 2




2008 60 50 


---- Exceeding 1 kg


0


0


See Note 2




2008 60 60 


---- Not exceeding 1 kg


0


0


See Note 2




2008 60 70 


---- Of 4,5  kg or more


0


0


See Note 2




2008 60 90 


---- Of less than 4,5  kg


0


0


See Note 2




2008 70 11 


----- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 70 19 


----- Other


25,6  + 4,2  EUR/100 kg


3


 




2008 70 31 


----- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 70 39 


----- Other


0


0


See Note 2




2008 70 51 


---- With a sugar content exceeding 15 % by weight


25,6  + 4,2  EUR/100 kg


3


 




2008 70 59 


---- Other


0


0


See Note 2




2008 70 61 


---- With a sugar content exceeding 13 % by weight


0


0


See Note 2




2008 70 69 


---- Other


0


0


See Note 2




2008 70 71 


---- With a sugar content exceeding 15 % by weight


0


0


See Note 2




2008 70 79 


---- Other


0


0


See Note 2




2008 70 92 


---- Of 5 kg or more


0


0


See Note 2




2008 70 98 


---- Of less than 5 kg


0


0


See Note 2




2008 80 11 


---- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 80 19 


---- Other


22,1  + 4,2  EUR/100 kg


5


 




2008 80 31 


---- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 80 39 


---- Other


0


0


See Note 2




2008 80 50 


--- Containing added sugar, in immediate packings of a net content exceeding 1 kg


0


0


See Note 2




2008 80 70 


--- Containing added sugar, in immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




2008 80 90 


--- Not containing added sugar


0


0


See Note 2




2008 91 00 


-- Palm hearts


0


0


See Note 2




2008 93 11 


----- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 93 19 


----- Other


22,1  + 4,2  EUR/100 kg


0


 




2008 93 21 


----- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 93 29 


----- Other


0


0


See Note 2




2008 93 91 


---- Containing added sugar, in immediate packings of a net content exceeding 1 kg


0


0


See Note 2




2008 93 93 


---- Containing added sugar, in immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




2008 93 99 


---- Not containing added sugar


0


0


See Note 2




2008 97 03 


---- In immediate packings of a net content exceeding 1 kg


0


0


See Note 2




2008 97 05 


---- In immediate packings of a net content not exceeding 1 kg


0


0


See Note 2




2008 97 12 


------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit)


0


0


See Note 2




2008 97 14 


------- Other


0


0


See Note 2




2008 97 16 


------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit)


12,5  + 2,6  EUR/100 kg


0


 




2008 97 18 


------- Other


22,1  + 4,2  EUR/100 kg


0


 




2008 97 32 


------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit)


0


0


See Note 2




2008 97 34 


------- Other


0


0


See Note 2




2008 97 36 


------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit)


0


0


See Note 2




2008 97 38 


------- Other


0


0


See Note 2




2008 97 51 


------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit)


0


0


See Note 2




2008 97 59 


------- Other


0


0


See Note 2




2008 97 72 


-------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit)


0


0


See Note 2




2008 97 74 


-------- Other


0


0


See Note 2




2008 97 76 


-------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit)


0


0


See Note 2




2008 97 78 


-------- Other


0


0


See Note 2




2008 97 92 


------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit)


0


0


See Note 2




2008 97 93 


------- Other


0


0


See Note 2




2008 97 94 


------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit)


0


0


See Note 2




2008 97 96 


------- Other


0


0


See Note 2




2008 97 97 


------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit)


0


0


See Note 2




2008 97 98 


------- Other


0


0


See Note 2




2008 99 11 


----- Of an actual alcoholic strength by mass not exceeding 11,85  % mas


0


0


See Note 2




2008 99 19 


----- Other


0


0


See Note 2




2008 99 21 


----- With a sugar content exceeding 13 % by weight


22,1  + 3,8  EUR/100 kg


0


 




2008 99 23 


----- Other


0


0


See Note 2




2008 99 24 


------- Tropical fruit


0


0


See Note 2




2008 99 28 


------- Other


0


0


See Note 2




2008 99 31 


------- Tropical fruit


12,5  + 2,6  EUR/100 kg


0


 




2008 99 34 


------- Other


22,1  + 4,2  EUR/100 kg


0


 




2008 99 36 


------- Tropical fruit


0


0


See Note 2




2008 99 37 


------- Other


0


0


See Note 2




2008 99 38 


------- Tropical fruit


0


0


See Note 2




2008 99 40 


------- Other


0


0


See Note 2




2008 99 41 


----- Ginger


0


0


See Note 2




2008 99 43 


----- Grapes


0


0


See Note 2




2008 99 45 


----- Plums and prunes


0


0


See Note 2




2008 99 48 


----- Tropical fruit


0


0


See Note 2




2008 99 49 


----- Other


0


0


See Note 2




2008 99 51 


----- Ginger


0


0


See Note 2




2008 99 63 


----- Tropical fruit


0


0


See Note 2




2008 99 67 


----- Other


0


0


See Note 2




2008 99 72 


------ Of 5 kg or more


0


0


See Note 2




2008 99 78 


------ Of less than 5 kg


0


0


See Note 2




2008 99 85 


----- Maize (corn), other than sweetcorn (Zea mays var. saccharata)


0 + 9,4  EUR/100 kg/net eda


3


 




2008 99 91 


----- Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch


0 + 3,8  EUR/100 kg/net eda


0


 




2008 99 99 


----- Other


0


0


See Note 2




2009 11 11 


---- Of a value not exceeding EUR 30 per 100 kg net weight


30,1  + 20,6  EUR/100 kg


7


 




2009 11 19 


---- Other


0


0


See Note 2




2009 11 91 


---- Of a value not exceeding EUR 30 per 100 kg net weight and with an added sugar content exceeding 30 % by weight


11,7  + 20,6  EUR/100 kg


7


 




2009 11 99 


---- Other


0


0


See Note 2




2009 12 00 


-- Not frozen, of a Brix value not exceeding 20


0


0


See Note 2




2009 19 11 


---- Of a value not exceeding EUR 30 per 100 kg net weight


30,1  + 20,6  EUR/100 kg


7


 




2009 19 19 


---- Other


0


0


See Note 2




2009 19 91 


---- Of a value not exceeding EUR 30 per 100 kg net weight and with an added sugar content exceeding 30 % by weight


11,7  + 20,6  EUR/100 kg


7


 




2009 19 98 


---- Other


0


0


See Note 2




2009 21 00 


-- Of a Brix value not exceeding 20


0


0


See Note 2




2009 29 11 


---- Of a value not exceeding EUR 30 per 100 kg net weight


30,1  + 20,6  EUR/100 kg


7


 




2009 29 19 


---- Other


0


0


See Note 2




2009 29 91 


---- Of a value not exceeding EUR 30 per 100 kg net weight and with an added sugar content exceeding 30 % by weight


8,5  + 20,6  EUR/100 kg


7


 




2009 29 99 


---- Other


0


0


See Note 2




2009 31 11 


---- Containing added sugar


0


0


See Note 2




2009 31 19 


---- Not containing added sugar


0


0


See Note 2




2009 31 51 


----- Containing added sugar


0


0


See Note 2




2009 31 59 


----- Not containing added sugar


0


0


See Note 2




2009 31 91 


----- Containing added sugar


0


0


See Note 2




2009 31 99 


----- Not containing added sugar


0


0


See Note 2




2009 39 11 


---- Of a value not exceeding EUR 30 per 100 kg net weight


30,1  + 20,6  EUR/100 kg


7


 




2009 39 19 


---- Other


0


0


See Note 2




2009 39 31 


----- Containing added sugar


0


0


See Note 2




2009 39 39 


----- Not containing added sugar


0


0


See Note 2




2009 39 51 


------ With an added sugar content exceeding 30 % by weight


10,9  + 20,6  EUR/100 kg


7


 




2009 39 55 


------ With an added sugar content not exceeding 30 % by weight


0


0


See Note 2




2009 39 59 


------ Not containing added sugar


0


0


See Note 2




2009 39 91 


------ With an added sugar content exceeding 30 % by weight


10,9  + 20,6  EUR/100 kg


7


 




2009 39 95 


------ With an added sugar content not exceeding 30 % by weight


0


0


See Note 2




2009 39 99 


------ Not containing added sugar


0


0


See Note 2




2009 41 92 


--- Containing added sugar


0


0


See Note 2




2009 41 99 


--- Not containing added sugar


0


0


See Note 2




2009 49 11 


---- Of a value not exceeding EUR 30 per 100 kg net weight


30,1  + 20,6  EUR/100 kg


5


 




2009 49 19 


---- Other


0


0


See Note 2




2009 49 30 


---- Of a value exceeding EUR 30 per 100 kg net weight, containing added sugar


0


0


See Note 2




2009 49 91 


----- With an added sugar content exceeding 30 % by weight


11,7  + 20,6  EUR/100 kg


5


 




2009 49 93 


----- With an added sugar content not exceeding 30 % by weight


0


0


See Note 2




2009 49 99 


----- Not containing added sugar


0


0


See Note 2




2009 50 10 


-- Containing added sugar


0


0


See Note 2




2009 50 90 


-- Other


0


0


See Note 2




2009 61 10 


--- Of a value exceeding EUR 18 per 100 kg net weight


0 % + specific duty component of the entry price system


0+EP


See Note 3




2009 61 90 


--- Of a value not exceeding EUR 18 per 100 kg net weight


18,9  + 27 EUR/hl


7


 




2009 69 11 


---- Of a value not exceeding EUR 22 per 100 kg net weight


36,5  + 121 EUR/hl + 20,6  EUR/100 kg


5


 




2009 69 19 


---- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




2009 69 51 


----- Concentrated


0 % + specific duty component of the entry price system


0+EP


See Note 3




2009 69 59 


----- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




2009 69 71 


------ Concentrated


18,9  + 131 EUR/hl + 20,6  EUR/100 kg


5


 




2009 69 79 


------ Other


18,9  + 27 EUR/hl + 20,6  EUR/100 kg


5


 




2009 69 90 


----- Other


18,9  + 27 EUR/hl


5


 




2009 71 20 


--- Containing added sugar


0


0


See Note 2




2009 71 99 


--- Not containing added sugar


0


0


See Note 2




2009 79 11 


---- Of a value not exceeding EUR 22 per 100 kg net weight


26,5  + 18,4  EUR/100 kg


E


TRQ-AJ




2009 79 19 


---- Other


0


0


See Note 2




2009 79 30 


---- Of a value exceeding EUR 18 per 100 kg net weight, containing added sugar


0


0


See Note 2




2009 79 91 


----- With an added sugar content exceeding 30 % by weight


14,5  + 19,3  EUR/100 kg


E


TRQ-AJ




2009 79 98 


----- Other


0


0


See Note 2




2009 81 11 


---- Of a value not exceeding EUR 30 per 100 kg net weight


30,1  + 20,6  EUR/100 kg


0


 




2009 81 19 


---- Other


0


0


See Note 2




2009 81 31 


---- Of a value exceeding EUR 30 per 100 kg net weight, containing added sugar


0


0


See Note 2




2009 81 51 


----- With an added sugar content exceeding 30 % by weight


13,3  + 20,6  EUR/100 kg


0


 




2009 81 59 


----- With an added sugar content not exceeding 30 % by weight


0


0


See Note 2




2009 81 95 


------ Juice of fruit of the species Vaccinium macrocarpon



0


0


See Note 2




2009 81 99 


------ Other


0


0


See Note 2




2009 89 11 


----- Of a value not exceeding EUR 22 per 100 kg net weight


30,1  + 20,6  EUR/100 kg


5


 




2009 89 19 


----- Other


0


0


See Note 2




2009 89 34 


------ Juices of tropical fruit


17,5  + 12,9  EUR/100 kg


0


 




2009 89 35 


------ Other


30,1  + 20,6  EUR/100 kg


0


 




2009 89 36 


------ Juices of tropical fruit


0


0


See Note 2




2009 89 38 


------ Other


0


0


See Note 2




2009 89 50 


----- Of a value exceeding EUR 18 per 100 kg net weight, containing added sugar


0


0


See Note 2




2009 89 61 


------ With an added sugar content exceeding 30 % by weight


15,7  + 20,6  EUR/100 kg


5


 




2009 89 63 


------ With an added sugar content not exceeding 30 % by weight


0


0


See Note 2




2009 89 69 


------ Not containing added sugar


0


0


See Note 2




2009 89 71 


------ Cherry juice


0


0


See Note 2




2009 89 73 


------ Juices of tropical fruit


0


0


See Note 2




2009 89 79 


------ Other


0


0


See Note 2




2009 89 85 


------- Juices of tropical fruit


7 + 12,9  EUR/100 kg


0


 




2009 89 86 


------- Other


13,3  + 20,6  EUR/100 kg


0


 




2009 89 88 


------- Juices of tropical fruit


0


0


See Note 2




2009 89 89 


------- Other


0


0


See Note 2




2009 89 96 


------- Cherry juice


0


0


See Note 2




2009 89 97 


------- Juices of tropical fruit


0


0


See Note 2




2009 89 99 


------- Other


0


0


See Note 2




2009 90 11 


---- Of a value not exceeding EUR 22 per 100 kg net weight


30,1  + 20,6  EUR/100 kg


5


 




2009 90 19 


---- Other


0


0


See Note 2




2009 90 21 


---- Of a value not exceeding EUR 30 per 100 kg net weight


30,1  + 20,6  EUR/100 kg


5


 




2009 90 29 


---- Other


0


0


See Note 2




2009 90 31 


---- Of a value not exceeding EUR 18 per 100 kg net weight and with an added sugar content exceeding 30 % by weight


16,5  + 20,6  EUR/100 kg


5


 




2009 90 39 


---- Other


0


0


See Note 2




2009 90 41 


------ Containing added sugar


0


0


See Note 2




2009 90 49 


------ Other


0


0


See Note 2




2009 90 51 


------ Containing added sugar


0


0


See Note 2




2009 90 59 


------ Other


0


0


See Note 2




2009 90 71 


------ With an added sugar content exceeding 30 % by weight


11,7  + 20,6  EUR/100 kg


0


 




2009 90 73 


------ With an added sugar content not exceeding 30 % by weight


0


0


See Note 2




2009 90 79 


------ Not containing added sugar


0


0


See Note 2




2009 90 92 


------- Mixtures of juices of tropical fruit


7 + 12,9  EUR/100 kg


0


 




2009 90 94 


------- Other


13,3  + 20,6  EUR/100 kg


0


 




2009 90 95 


------- Mixtures of juices of tropical fruit


0


0


See Note 2




2009 90 96 


------- Other


0


0


See Note 2




2009 90 97 


------- Mixtures of juices of tropical fruit


0


0


See Note 2




2009 90 98 


------- Other


0


0


See Note 2




2101 11 00 


-- Extracts, essences and concentrates


0


0


See Note 2




2101 12 92 


--- Preparations with a basis of these extracts, essences or concentrates of coffee


0


0


See Note 2




2101 12 98 


--- Other


0 + EA


E


TRQ-SR




2101 20 20 


-- Extracts, essences or concentrates


0


0


See Note 2




2101 20 92 


--- With a basis of extracts, essences or concentrates of tea or maté


0


0


See Note 2




2101 20 98 


--- Other


0 + EA


E


TRQ-SR




2101 30 11 


--- Roasted chicory


0


0


See Note 2




2101 30 19 


--- Other


0 + 12,7  EUR/100 kg


5


 




2101 30 91 


--- Of roasted chicory


0


0


See Note 2




2101 30 99 


--- Other


0 + 22,7  EUR/100 kg


5


 




2102 10 10 


-- Culture yeast


7,4 


5


 




2102 10 31 


--- Dried


8,5 


5


 




2102 10 39 


--- Other


4,2 


5


 




2102 10 90 


-- Other


5,1 


5


 




2102 20 11 


--- In tablet, cube or similar form, or in immediate packings of a net content not exceeding 1 kg


2,4 


5


 




2102 20 19 


--- Other


0


0


See Note 2




2102 20 90 


-- Other


0


0


See Note 2




2102 30 00 


- Prepared baking powders


0


0


See Note 2




2103 10 00 


- Soya sauce


0


0


See Note 2




2103 20 00 


- Tomato ketchup and other tomato sauces


0


0


See Note 2




2103 30 10 


-- Mustard flour and meal


0


0


See Note 2




2103 30 90 


-- Prepared mustard


0


0


See Note 2




2103 90 10 


-- Mango chutney, liquid


0


0


See Note 2




2103 90 30 


-- Aromatic bitters of an alcoholic strength by volume of 44,2  to 49,2  % vol containing from 1,5  to 6 % by weight of gentian, spices and various ingredients and from 4 to 10 % of sugar, in containers holding 0,5  litre or less


0


0


See Note 2




2103 90 90 


-- Other


0


0


See Note 2




2104 10 00 


- Soups and broths and preparations therefor


0


0


See Note 2




2104 20 00 


- Homogenised composite food preparations


0


0


See Note 2




2105 00 10 


- Containing no milkfats or containing less than 3 % by weight of such fats


0 + 20,2  EUR/100 kg MAX 19,4  + 9,4  EUR/100 kg


3


 




2105 00 91 


-- 3 % or more but less than 7 %


0 + 38,5  EUR/100 kg MAX 18,1  + 7 EUR/100 kg


3


 




2105 00 99 


-- 7 % or more


0 + 54 EUR/100 kg MAX 17,8  + 6,9  EUR/100 kg


3


 




2106 10 20 


-- Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5  % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch


0


0


See Note 2




2106 10 80 


-- Other


0 + EA


3


 




2106 90 20 


-- Compound alcoholic preparations, other than those based on odoriferous substances, of a kind used for the manufacture of beverages


12,1 


3


 




2106 90 30 


--- Isoglucose syrups


42,7  EUR/100 kg/net mas


7


TRQ-SR




2106 90 51 


---- Lactose syrup


14 EUR/100 kg


0


 




2106 90 55 


---- Glucose syrup and maltodextrine syrup


20 EUR/100 kg


7


TRQ-SR




2106 90 59 


---- Other


0,4  EUR/100 kg/net/% sacchar.


7


TRQ-SR




2106 90 92 


--- Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5  % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch


8,9 


3


 




2106 90 98 


--- Other:


—


—


 




ex 2106 90 98 


---- Containing less than 70 % by weight of sucrose/isoglucose


5,5  + EA


3


 




ex 2106 90 98 


---- Other


5,5  + EA


E


TRQ-SR




2201 10 11 


--- Not carbonated


0


0


See Note 2




2201 10 19 


--- Other


0


0


See Note 2




2201 10 90 


-- Other


0


0


See Note 2




2201 90 00 


- Other


0


0


See Note 2




2202 10 00 


- Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured


3


0


 




2202 91 00 


-- Non-alcoholic beer


3


0


 




2202 99 11 


---- Soya-based beverages with a protein content of 2,8  % or more by weight


3


0


 




2202 99 15 


---- Soya-based beverages with a protein content of less than 2,8  % by weight; beverages based on nuts of Chapter 8, cereals of Chapter 10 or seeds of Chapter 12


3


0


 




2202 99 19 


---- Other


3


0


 




2202 99 91 


---- Less than 0,2  %


0 + 13,7  EUR/100 kg


0


 




2202 99 95 


---- 0,2  % or more but less than 2 %


0 + 12,1  EUR/100 kg


0


 




2202 99 99 


---- 2 % or more


0 + 21,2  EUR/100 kg


0


 




2203 00 01 


-- In bottles


0


0


See Note 2




2203 00 09 


-- Other


0


0


See Note 2




2203 00 10 


- In containers holding more than 10 litres


0


0


See Note 2




2204 10 11 


--- Champagne


32 EUR/hl


0


 




2204 10 13 


--- Cava


0 EUR/hl


0


See Note 2




2204 10 15 


--- Prosecco


0 EUR/hl


0


See Note 2




2204 10 91 


--- Asti spumante


32 EUR/hl


0


 




2204 10 93 


--- Other


0 EUR/hl


0


See Note 2




2204 10 94 


-- With a protected geographical indication (PGI)


0 EUR/hl


0


See Note 2




2204 10 96 


-- Other varietal wines


0 EUR/hl


0


See Note 2




2204 10 98 


-- Other


0 EUR/hl


0


See Note 2




2204 21 06 


---- With a protected designation of origin (PDO)


0 EUR/hl


0


See Note 2




2204 21 07 


---- With a protected geographical indication (PGI)


0 EUR/hl


0


See Note 2




2204 21 08 


---- Other varietal wines


0 EUR/hl


0


See Note 2




2204 21 09 


---- Other


0 EUR/hl


0


See Note 2




2204 21 11 


-------- Alsace


15,4  EUR/hl


0


 




2204 21 12 


-------- Bordeaux


15,4  EUR/hl


0


 




2204 21 13 


-------- Bourgogne (Burgundy)


15,4  EUR/hl


0


 




2204 21 17 


-------- Val de Loire (Loire Valley)


15,4  EUR/hl


0


 




2204 21 18 


-------- Mosel


15,4  EUR/hl


0


 




2204 21 19 


-------- Pfalz


15,4  EUR/hl


0


 




2204 21 22 


-------- Rheinhessen


15,4  EUR/hl


0


 




2204 21 23 


-------- Tokaj


15,8  EUR/hl


0


 




2204 21 24 


-------- Lazio (Latium)


15,4  EUR/hl


0


 




2204 21 26 


-------- Toscana (Tuscany)


15,4  EUR/hl


0


 




2204 21 27 


-------- Trentino, Alto Adige and Friuli


15,4  EUR/hl


0


 




2204 21 28 


-------- Veneto


15,4  EUR/hl


0


 




2204 21 31 


-------- Sicilia


15,4  EUR/hl


0


 




2204 21 32 


-------- Vinho Verde


15,4  EUR/hl


0


 




2204 21 34 


-------- Penedés


15,4  EUR/hl


0


 




2204 21 36 


-------- Rioja


15,4  EUR/hl


0


 




2204 21 37 


-------- Valencia


15,4  EUR/hl


0


 




2204 21 38 


-------- Other


15,4  EUR/hl


0


 




2204 21 42 


-------- Bordeaux


15,4  EUR/hl


0


 




2204 21 43 


-------- Bourgogne (Burgundy)


15,4  EUR/hl


0


 




2204 21 44 


-------- Beaujolais


15,4  EUR/hl


0


 




2204 21 46 


-------- Vallée du Rhône


15,4  EUR/hl


0


 




2204 21 47 


-------- Languedoc-Roussillon


15,4  EUR/hl


0


 




2204 21 48 


-------- Val de Loire (Loire Valley)


15,4  EUR/hl


0


 




2204 21 61 


-------- Sicilia


15,4  EUR/hl


0


 




2204 21 62 


-------- Piemonte (Piedmont)


15,4  EUR/hl


0


 




2204 21 66 


-------- Toscana (Tuscany)


15,4  EUR/hl


0


 




2204 21 67 


-------- Trentino and Alto Adige


15,4  EUR/hl


0


 




2204 21 68 


-------- Veneto


15,4  EUR/hl


0


 




2204 21 69 


-------- Dão, Bairrada and Douro


15,4  EUR/hl


0


 




2204 21 71 


-------- Navarra


15,4  EUR/hl


0


 




2204 21 74 


-------- Penedés


15,4  EUR/hl


0


 




2204 21 76 


-------- Rioja


15,4  EUR/hl


0


 




2204 21 77 


-------- Valdepeñas


15,4  EUR/hl


0


 




2204 21 78 


-------- Other


15,4  EUR/hl


0


 




2204 21 79 


------- White


15,4  EUR/hl


0


 




2204 21 80 


------- Other


15,4  EUR/hl


0


 




2204 21 81 


------- White


15,4  EUR/hl


0


 




2204 21 82 


------- Other


15,4  EUR/hl


0


 




2204 21 83 


------- White


15,4  EUR/hl


0


 




2204 21 84 


------- Other


15,4  EUR/hl


0


 




2204 21 85 


------- Madeira and Setubal muscatel


15,8  EUR/hl


0


 




2204 21 86 


------- Sherry


15,8  EUR/hl


0


 




2204 21 87 


------- Marsala


20,9  EUR/hl


0


 




2204 21 88 


------- Samos and Muscat de Lemnos


20,9  EUR/hl


0


 




2204 21 89 


------- Port


15,8  EUR/hl


0


 




2204 21 90 


------- Other


20,9  EUR/hl


0


 




2204 21 91 


------ Other


20,9  EUR/hl


0


 




2204 21 93 


------ White


0 EUR/hl


0


See Note 2




2204 21 94 


------ Other


0 EUR/hl


0


See Note 2




2204 21 95 


------ White


0 EUR/hl


0


See Note 2




2204 21 96 


------ Other


0 EUR/hl


0


See Note 2




2204 21 97 


------ White


0 EUR/hl


0


See Note 2




2204 21 98 


------ Other


0 EUR/hl


0


See Note 2




2204 22 10 


--- Wine, other than that referred to in subheading 2204 10 , in bottles with ‘mushroom’ stoppers held in place by ties or fastenings; wine, otherwise put up, with an excess pressure due to carbon dioxide in solution of not less than 1 bar but less than 3 bar, measured at a temperature of 20 oC


0 EUR/hl


0


See Note 2




2204 22 22 


------- Bordeaux


12,1  EUR/hl


0


 




2204 22 23 


------- Bourgogne (Burgundy)


12,1  EUR/hl


0


 




2204 22 24 


------- Beaujolais


12,1  EUR/hl


0


 




2204 22 26 


------- Vallée du Rhône


12,1  EUR/hl


0


 




2204 22 27 


------- Languedoc-Roussillon


12,1  EUR/hl


0


 




2204 22 28 


------- Val de Loire (Loire Valley)


12,1  EUR/hl


0


 




2204 22 32 


------- Piemonte (Piedmont)


12,1  EUR/hl


0


 




2204 22 33 


------- Tokaj


12,1  EUR/hl


0


 




2204 22 38 


-------- White


12,1  EUR/hl


0


 




2204 22 78 


-------- Other


12,1  EUR/hl


0


 




2204 22 79 


------- White


12,1  EUR/hl


0


 




2204 22 80 


------- Other


12,1  EUR/hl


0


 




2204 22 81 


------- White


12,1  EUR/hl


0


 




2204 22 82 


------- Other


12,1  EUR/hl


0


 




2204 22 83 


------- White


12,1  EUR/hl


0


 




2204 22 84 


------- Other


12,1  EUR/hl


0


 




2204 22 85 


------- Madeira and Setubal muscatel


13,1  EUR/hl


0


 




2204 22 86 


------- Sherry


13,1  EUR/hl


0


 




2204 22 88 


------- Samos and Muscat de Lemnos


20,9  EUR/hl


0


 




2204 22 90 


------- Other


20,9  EUR/hl


0


 




2204 22 91 


------ Other


20,9  EUR/hl


0


 




2204 22 93 


------ White


0 EUR/hl


0


See Note 2




2204 22 94 


------ Other


0 EUR/hl


0


See Note 2




2204 22 95 


------ White


0 EUR/hl


0


See Note 2




2204 22 96 


------ Other


0 EUR/hl


0


See Note 2




2204 22 97 


------ White


0 EUR/hl


0


See Note 2




2204 22 98 


------ Other


0 EUR/hl


0


See Note 2




2204 29 10 


--- Wine, other than that referred to in subheading 2204 10 , in bottles with ‘mushroom’ stoppers held in place by ties or fastenings; wine, otherwise put up, with an excess pressure due to carbon dioxide in solution of not less than 1 bar but less than 3 bar, measured at a temperature of 20 oC


0 EUR/hl


0


See Note 2




2204 29 22 


------- Bordeaux


12,1  EUR/hl


0


 




2204 29 23 


------- Bourgogne (Burgundy)


12,1  EUR/hl


0


 




2204 29 24 


------- Beaujolais


12,1  EUR/hl


0


 




2204 29 26 


------- Vallée du Rhône


12,1  EUR/hl


0


 




2204 29 27 


------- Languedoc-Roussillon


12,1  EUR/hl


0


 




2204 29 28 


------- Val de Loire (Loire Valley)


12,1  EUR/hl


0


 




2204 29 32 


------- Piemonte (Piedmont)


12,1  EUR/hl


0


 




2204 29 38 


-------- White


12,1  EUR/hl


0


 




2204 29 78 


-------- Other


12,1  EUR/hl


0


 




2204 29 79 


------- White


12,1  EUR/hl


0


 




2204 29 80 


------- Other


12,1  EUR/hl


0


 




2204 29 81 


------- White


12,1  EUR/hl


0


 




2204 29 82 


------- Other


12,1  EUR/hl


0


 




2204 29 83 


------- White


12,1  EUR/hl


0


 




2204 29 84 


------- Other


12,1  EUR/hl


0


 




2204 29 85 


------- Madeira and Setubal muscatel


13,1  EUR/hl


0


 




2204 29 86 


------- Sherry


13,1  EUR/hl


0


 




2204 29 88 


------- Samos and Muscat de Lemnos


20,9  EUR/hl


0


 




2204 29 90 


------- Other


20,9  EUR/hl


0


 




2204 29 91 


------ Other


20,9  EUR/hl


0


 




2204 29 93 


------ White


0 EUR/hl


0


See Note 2




2204 29 94 


------ Other


0 EUR/hl


0


See Note 2




2204 29 95 


------ White


0 EUR/hl


0


See Note 2




2204 29 96 


------ Other


0 EUR/hl


0


See Note 2




2204 29 97 


------ White


0 EUR/hl


0


See Note 2




2204 29 98 


------ Other


0 EUR/hl


0


See Note 2




2204 30 10 


-- In fermentation or with fermentation arrested otherwise than by the addition of alcohol


0


0


See Note 2




2204 30 92 


---- Concentrated


0 % + specific duty component of the entry price system


0+EP


See Note 3




2204 30 94 


---- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




2204 30 96 


---- Concentrated


0 % + specific duty component of the entry price system


0+EP


See Note 3




2204 30 98 


---- Other


0 % + specific duty component of the entry price system


0+EP


See Note 3




2205 10 10 


-- Of an actual alcoholic strength by volume of 18 % vol or less


7,6  EUR/hl


5


 




2205 10 90 


-- Of an actual alcoholic strength by volume exceeding 18 % vol


0 EUR/% vol/hl + 4,4  EUR/hl


5


 




2205 90 10 


-- Of an actual alcoholic strength by volume of 18 % vol or less


6,3  EUR/hl


5


 




2205 90 90 


-- Of an actual alcoholic strength by volume exceeding 18 % vol


0 EUR/% vol/hl


0


See Note 2




2206 00 10 


- Piquette


0 EUR/% vol/hl


0


See Note 2




2206 00 31 


--- Cider and perry


13,4  EUR/hl


3


 




2206 00 39 


--- Other


13,4  EUR/hl


3


 




2206 00 51 


---- Cider and perry


5,3  EUR/hl


3


 




2206 00 59 


---- Other


5,3  EUR/hl


3


 




2206 00 81 


---- Cider and perry


4 EUR/hl


3


 




2206 00 89 


---- Other


4 EUR/hl


3


 




2207 10 00 


- Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher


19,2  EUR/hl


E


TRQ-EL




2207 20 00 


- Ethyl alcohol and other spirits, denatured, of any strength


10,2  EUR/hl


E


TRQ-EL




2208 20 12 


---- Cognac


0


0


See Note 2




2208 20 14 


---- Armagnac


0


0


See Note 2




2208 20 16 


----- Brandy de Jerez


0


0


See Note 2




2208 20 18 


----- Other


0


0


See Note 2




2208 20 19 


---- Other


0


0


See Note 2




2208 20 26 


---- Grappa


0


0


See Note 2




2208 20 28 


---- Other


0


0


See Note 2




2208 20 62 


---- Cognac


0


0


See Note 2




2208 20 66 


---- Brandy or Weinbrand


0


0


See Note 2




2208 20 69 


---- Other


0


0


See Note 2




2208 20 86 


---- Grappa


0


0


See Note 2




2208 20 88 


---- Other


0


0


See Note 2




2208 30 11 


--- 2 litres or less


0


0


See Note 2




2208 30 19 


--- More than 2 litres


0


0


See Note 2




2208 30 30 


--- Single malt whisky


0


0


See Note 2




2208 30 41 


---- 2 litres or less


0


0


See Note 2




2208 30 49 


---- More than 2 litres


0


0


See Note 2




2208 30 61 


---- 2 litres or less


0


0


See Note 2




2208 30 69 


---- More than 2 litres


0


0


See Note 2




2208 30 71 


---- 2 litres or less


0


0


See Note 2




2208 30 79 


---- More than 2 litres


0


0


See Note 2




2208 30 82 


--- 2 litres or less


0


0


See Note 2




2208 30 88 


--- More than 2 litres


0


0


See Note 2




2208 40 11 


--- Rum with a content of volatile substances other than ethyl and methyl alcohol equal to or exceeding 225 grams per hectolitre of pure alcohol (with a 10 % tolerance)


0,6  EUR/%vol/hl + 3,2  EUR/hl


E


TRQ-RM




2208 40 31 


---- Of a value exceeding EUR 7,9  per litre of pure alcohol


0


0


 




2208 40 39 


---- Other


0,6  EUR/%vol/hl + 3,2  EUR/hl


E


TRQ-RM




2208 40 51 


--- Rum with a content of volatile substances other than ethyl and methyl alcohol equal to or exceeding 225 grams per hectolitre of pure alcohol (with a 10 % tolerance)


0,6  EUR/%vol/hl


E


TRQ-RM




2208 40 91 


---- Of a value exceeding EUR 2 per litre of pure alcohol


0


0


 




2208 40 99 


---- Other


0,6  EUR/%vol/hl


E


TRQ-RM




2208 50 11 


--- 2 litres or less


0


0


See Note 2




2208 50 19 


--- More than 2 litres


0


0


See Note 2




2208 50 91 


--- 2 litres or less


0


0


See Note 2




2208 50 99 


--- More than 2 litres


0


0


See Note 2




2208 60 11 


--- 2 litres or less


0


0


See Note 2




2208 60 19 


--- More than 2 litres


0


0


See Note 2




2208 60 91 


--- 2 litres or less


0


0


See Note 2




2208 60 99 


--- More than 2 litres


0


0


See Note 2




2208 70 10 


-- In containers holding 2 litres or less


0


0


See Note 2




2208 70 90 


-- In containers holding more than 2 litres


0


0


See Note 2




2208 90 11 


--- 2 litres or less


0


0


See Note 2




2208 90 19 


--- More than 2 litres


0


0


See Note 2




2208 90 33 


--- 2 litres or less


0


0


See Note 2




2208 90 38 


--- More than 2 litres


0


0


See Note 2




2208 90 41 


---- Ouzo


0


0


See Note 2




2208 90 45 


------- Calvados


0


0


See Note 2




2208 90 48 


------- Other


0


0


See Note 2




2208 90 54 


------- Tequila


0


0


See Note 2




2208 90 56 


------- Other


0


0


See Note 2




2208 90 69 


----- Other spirituous beverages


0


0


See Note 2




2208 90 71 


----- Distilled from fruit


0


0


See Note 2




2208 90 75 


----- Tequila


0


0


See Note 2




2208 90 77 


----- Other


0


0


See Note 2




2208 90 78 


---- Other spirituous beverages


0


0


See Note 2




2208 90 91 


--- 2 litres or less


0,7  EUR/% vol/hl + 4,4  EUR/hl


5


 




2208 90 99 


--- More than 2 litres


0,7  EUR/% vol/hl


5


 




2209 00 11 


-- 2 litres or less


4,4  EUR/hl


3


 




2209 00 19 


-- More than 2 litres


3,3  EUR/hl


3


 




2209 00 91 


-- 2 litres or less


3,5  EUR/hl


3


 




2209 00 99 


-- More than 2 litres


2,6  EUR/hl


3


 




2301 10 00 


- Flours, meals and pellets, of meat or meat offal; greaves


0


0


See Note 2




2301 20 00 


- Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates


0


0


See Note 2




2302 10 10 


-- With a starch content not exceeding 35 % by weight


44 EUR/1 000  kg


7


 




2302 10 90 


-- Other


89 EUR/1 000  kg


7


 




2302 30 10 


-- Of which the starch content does not exceed 28 % by weight, and of which the proportion that passes through a sieve with an aperture of 0,2  mm does not exceed 10 % by weight or alternatively the proportion that passes through the sieve has an ash content, calculated on the dry product, equal to or more than 1,5  % by weight


44 EUR/1 000  kg


7


 




2302 30 90 


-- Other


89 EUR/1 000  kg


7


 




2302 40 02 


--- With a starch content not exceeding 35 % by weight


44 EUR/1 000  kg


7


 




2302 40 08 


--- Other


89 EUR/1 000  kg


7


 




2302 40 10 


--- Of which the starch content does not exceed 28 % by weight, and of which the proportion that passes through a sieve with an aperture of 0,2  mm does not exceed 10 % by weight or alternatively the proportion that passes through the sieve has an ash content, calculated on the dry product, equal to or more than 1,5  % by weight


44 EUR/1 000  kg


7


 




2302 40 90 


--- Other


89 EUR/1 000  kg


7


 




2302 50 00 


- Of leguminous plants


0


0


See Note 2




2303 10 11 


--- Exceeding 40 % by weight


320 EUR/1 000  kg


7


 




2303 10 19 


--- Not exceeding 40 % by weight


0


0


See Note 2




2303 10 90 


-- Other


0


0


See Note 2




2303 20 10 


-- Beet-pulp


0


0


See Note 2




2303 20 90 


-- Other


0


0


See Note 2




2303 30 00 


- Brewing or distilling dregs and waste


0


0


See Note 2




2304 00 00 


Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil


0


0


See Note 2




2305 00 00 


Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil


0


0


See Note 2




2306 10 00 


- Of cotton seeds


0


0


See Note 2




2306 20 00 


- Of linseed


0


0


See Note 2




2306 30 00 


- Of sunflower seeds


0


0


See Note 2




2306 41 00 


-- Of low erucic acid rape or colza seeds


0


0


See Note 2




2306 49 00 


-- Other


0


0


See Note 2




2306 50 00 


- Of coconut or copra


0


0


See Note 2




2306 60 00 


- Of palm nuts or kernels


0


0


See Note 2




2306 90 05 


-- Of maize (corn) germ


0


0


See Note 2




2306 90 11 


---- Containing 3 % or less by weight of olive oil


0


0


See Note 2




2306 90 19 


---- Containing more than 3 % by weight of olive oil


48 EUR/1 000  kg


7


 




2306 90 90 


--- Other


0


0


See Note 2




2307 00 11 


-- Having a total alcoholic strength by mass not exceeding 7,9  % mas and a dry matter content not less than 25 % by weight


0


0


See Note 2




2307 00 19 


-- Other


0 EUR/kg/tot/alc


0


See Note 2




2307 00 90 


- Argol


0


0


See Note 2




2308 00 11 


-- Having a total alcoholic strength by mass not exceeding 4,3  % mas and a dry matter content not less than 40 % by weight


0


0


See Note 2




2308 00 19 


-- Other


0 EUR/kg/tot/alc


0


See Note 2




2308 00 40 


- Acorns and horse-chestnuts; pomace or marc of fruit, other than grapes


0


0


See Note 2




2308 00 90 


- Other


0


0


See Note 2




2309 10 11 


----- Containing no milk products or containing less than 10 % by weight of such products


0


0


See Note 2




2309 10 13 


----- Containing not less than 10 % but less than 50 % by weight of milk products


498 EUR/1 000  kg


7


 




2309 10 15 


----- Containing not less than 50 % but less than 75 % by weight of milk products


730 EUR/1 000  kg


7


 




2309 10 19 


----- Containing not less than 75 % by weight of milk products


948 EUR/1 000  kg


7


 




2309 10 31 


----- Containing no milk products or containing less than 10 % by weight of such products


0


0


See Note 2




2309 10 33 


----- Containing not less than 10 % but less than 50 % by weight of milk products


530 EUR/1 000  kg


7


 




2309 10 39 


----- Containing not less than 50 % by weight of milk products


888 EUR/1 000  kg


7


 




2309 10 51 


----- Containing no milk products or containing less than 10 % by weight of such products


102 EUR/1 000  kg


7


 




2309 10 53 


----- Containing not less than 10 % but less than 50 % by weight of milk products


577 EUR/1 000  kg


7


 




2309 10 59 


----- Containing not less than 50 % by weight of milk products


730 EUR/1 000  kg


7


 




2309 10 70 


--- Containing no starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup but containing milk products


948 EUR/1 000  kg


7


 




2309 10 90 


-- Other


0


0


See Note 2




2309 90 10 


-- Fish or marine mammal solubles


0


0


See Note 2




2309 90 20 


-- Products referred to in additional Note 5 to this chapter


0


0


See Note 2




2309 90 31 


------ Containing no milk products or containing less than 10 % by weight of such products


23 EUR/1 000  kg


7


 




2309 90 33 


------ Containing not less than 10 % but less than 50 % by weight of milk products


498 EUR/1 000  kg


7


 




2309 90 35 


------ Containing not less than 50 % but less than 75 % by weight of milk products


730 EUR/1 000  kg


7


 




2309 90 39 


------ Containing not less than 75 % by weight of milk products


948 EUR/1 000  kg


7


 




2309 90 41 


------ Containing no milk products or containing less than 10 % by weight of such products


55 EUR/1 000  kg


7


 




2309 90 43 


------ Containing not less than 10 % but less than 50 % by weight of milk products


530 EUR/1 000  kg


7


 




2309 90 49 


------ Containing not less than 50 % by weight of milk products


888 EUR/1 000  kg


7


 




2309 90 51 


------ Containing no milk products or containing less than 10 % by weight of such products


102 EUR/1 000  kg


7


 




2309 90 53 


------ Containing not less than 10 % but less than 50 % by weight of milk products


577 EUR/1 000  kg


7


 




2309 90 59 


------ Containing not less than 50 % by weight of milk products


730 EUR/1 000  kg


7


 




2309 90 70 


---- Containing no starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup but containing milk products


948 EUR/1 000  kg


7


 




2309 90 91 


---- Beet-pulp with added molasses


0


0


See Note 2




2309 90 96 


---- Other


0


0


See Note 2




2401 10 35 


-- Light air-cured tobacco:


—


—


 




ex 2401 10 35 


--- Light air-cured Burley type (including Burley hybrids)


14,9  MAX 24 EUR/100 kg/net


3


 




ex 2401 10 35 


--- Light air-cured Maryland type


6,4  MAX 24 EUR/100 kg/net


3


 




ex 2401 10 35 


--- Other


3,9  MAX 56 EUR/100 kg/net


3


 




2401 10 60 


-- Sun-cured Oriental type tobacco


7,7  MAX 56 EUR/100 kg/net


3


 




2401 10 70 


-- Dark air-cured tobacco


7,7  MAX 56 EUR/100 kg/net


3


 




2401 10 85 


-- Flue-cured tobacco:


—


—


 




ex 2401 10 85 


--- Flue-cured Virginia type


14,9  MAX 24 EUR/100 kg/net


3


 




ex 2401 10 85 


--- Other


3,9  MAX 56 EUR/100 kg/net


3


 




2401 10 95 


-- Other:


—


—


 




 


--- Fire-cured tobacco:


—


—


 




ex 2401 10 95 


---- Kentucky type


14,9  MAX 24 EUR/100 kg/net


3


 




ex 2401 10 95 


---- Other


6,4  MAX 24 EUR/100 kg/net


3


 




ex 2401 10 95 


--- Other tobacco


3,9  MAX 56 EUR/100 kg/net


3


 




2401 20 35 


-- Light air-cured tobacco:


—


—


 




ex 2401 20 35 


--- Light air-cured Burley type (including Burley hybrids)


14,9  MAX 24 EUR/100 kg/net


3


 




ex 2401 20 35 


--- Light air-cured Maryland type


6,4  MAX 24 EUR/100 kg/net


3


 




ex 2401 20 35 


--- Other


3,9  MAX 56 EUR/100 kg/net


3


 




2401 20 60 


-- Sun-cured Oriental type tobacco


7,7  MAX 56 EUR/100 kg/net


3


 




2401 20 70 


-- Dark air-cured tobacco


7,7  MAX 56 EUR/100 kg/net


3


 




2401 20 85 


-- Flue-cured tobacco:


—


—


 




ex 2401 20 85 


--- Flue-cured Virginia type


14,9  MAX 24 EUR/100 kg/net


3


 




ex 2401 20 85 


--- Other


3,9  MAX 56 EUR/100 kg/net


3


 




2401 20 95 


-- Other:


—


—


 




 


--- Fire-cured tobacco:


—


—


 




ex 2401 20 95 


---- Kentucky type


14,9  MAX 24 EUR/100 kg/net


3


 




ex 2401 20 95 


---- Other


6,4  MAX 24 EUR/100 kg/net


3


 




ex 2401 20 95 


--- Other tobacco


3,9  MAX 56 EUR/100 kg/net


3


 




2401 30 00 


- Tobacco refuse


3,9  MAX 56 EUR/100 kg/net


3


 




2402 10 00 


- Cigars, cheroots and cigarillos, containing tobacco


0


0


See Note 2




2402 20 10 


-- Containing cloves


0


0


See Note 2




2402 20 90 


-- Other


0


0


See Note 2




2402 90 00 


- Other


0


0


See Note 2




2403 11 00 


-- Water-pipe tobacco specified in subheading Note 1 to this chapter


0


0


See Note 2




2403 19 10 


--- In immediate packings of a net content not exceeding 500 g


0


0


See Note 2




2403 19 90 


--- Other


0


0


See Note 2




2403 91 00 


-- ‘Homogenised’ or ‘reconstituted’ tobacco


0


0


See Note 2




2403 99 10 


--- Chewing tobacco and snuff (nasal tobacco)


0


0


See Note 2




2403 99 90 


--- Other


0


0


See Note 2




2905 11 00 


-- Methanol (methyl alcohol)


0


0


See Note 2




2905 12 00 


-- Propan-1-ol (propyl alcohol) and propan-2-ol (isopropyl alcohol)


0


0


See Note 2




2905 13 00 


-- Butan-1-ol (n-butyl alcohol)


0


0


See Note 2




2905 14 10 


--- 2-Methylpropan-2-ol (tert-butyl alcohol)


0


0


See Note 2




2905 14 90 


--- Other


0


0


See Note 2




2905 16 20 


--- Octan-2-ol


0


0


See Note 2




2905 16 85 


--- Other


0


0


See Note 2




2905 17 00 


-- Dodecan-1-ol (lauryl alcohol), hexadecan-1-ol (cetyl alcohol) and octadecan-1-ol (stearyl alcohol)


0


0


See Note 2




2905 19 00 


-- Other


0


0


See Note 2




2905 22 00 


-- Acyclic terpene alcohols


0


0


See Note 2




2905 29 10 


--- Allyl alcohol


0


0


See Note 2




2905 29 90 


--- Other


0


0


See Note 2




2905 31 00 


-- Ethylene glycol (ethanediol)


0


0


See Note 2




2905 32 00 


-- Propylene glycol (propane-1,2-diol)


0


0


See Note 2




2905 39 20 


--- Butane-1,3-diol


0


0


See Note 2




2905 39 26 


---- Butane-1,4-diol or tetramethylene glycol (1,4-butanediol) having a bio-based carbon content of 100 % by mass


0


0


See Note 2




2905 39 28 


---- Other


0


0


See Note 2




2905 39 30 


--- 2,4,7,9-Tetramethyldec-5-yne-4,7-diol


0


0


See Note 2




2905 39 95 


--- Other


0


0


See Note 2




2905 41 00 


-- 2-Ethyl-2-(hydroxymethyl)propane-1,3-diol (trimethylolpropane)


0


0


See Note 2




2905 42 00 


-- Pentaerythritol


0


0


See Note 2




2905 43 00 


-- Mannitol


9,6  + 125,8  EUR/100 kg


E


TRQ-SH




2905 44 11 


---- Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content


7,7  + 16,1  EUR/100 kg


E


TRQ-SH




2905 44 19 


---- Other


9 + 37,8  EUR/100 kg


E


TRQ-SH




2905 44 91 


---- Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content


7,7  + 23 EUR/100 kg


E


TRQ-SH




2905 44 99 


---- Other


9 + 53,7  EUR/100 kg


E


TRQ-SH




2905 45 00 


-- Glycerol


0


0


See Note 2




2905 49 00 


-- Other


0


0


See Note 2




2905 51 00 


-- Ethchlorvynol (INN)


0


0


See Note 2




2905 59 91 


--- 2,2-Bis(bromomethyl)propanediol


0


0


See Note 2




2905 59 98 


--- Other


0


0


See Note 2




3302 10 10 


---- Of an actual alcoholic strength by volume exceeding 0,5  %


0


0


See Note 2




3302 10 21 


----- Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5  % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch


0


0


See Note 2




3302 10 29 


----- Other


0 + EA


E


TRQ-SR




3302 10 40 


--- Other


0


0


See Note 2




3302 10 90 


-- Of a kind used in the food industries


0


0


See Note 2




3302 90 10 


-- Alcoholic solutions


0


0


See Note 2




3302 90 90 


-- Other


0


0


See Note 2




3502 11 10 


--- Unfit, or to be rendered unfit, for human consumption


0


0


See Note 2




3502 11 90 


--- Other


123,5  EUR/100 kg


E


TRQ-EG




3502 19 10 


--- Unfit, or to be rendered unfit, for human consumption


0


0


See Note 2




3502 19 90 


--- Other


16,7  EUR/100 kg


E


TRQ-EG




3502 20 10 


-- Unfit, or to be rendered unfit, for human consumption


0


0


See Note 2




3502 20 91 


--- Dried (for example, in sheets, scales, flakes, powder)


123,5  EUR/100 kg


7


 




3502 20 99 


--- Other


16,7  EUR/100 kg


7


 




3502 90 20 


--- Unfit, or to be rendered unfit, for human consumption


0


0


See Note 2




3502 90 70 


--- Other


0


0


See Note 2




3502 90 90 


-- Albuminates and other albumin derivatives


0


0


See Note 2




3505 10 10 


-- Dextrins


9 + 17,7  EUR/100 kg


E


TRQ-SH




3505 10 50 


--- Starches, esterified or etherified


0


0


See Note 2




3505 10 90 


--- Other


9 + 17,7  EUR/100 kg


E


TRQ-SH




3505 20 10 


-- Containing, by weight, less than 25 % of starches or dextrins or other modified starches


8,3  + 4,5  EUR/100 kg MAX 11,5 


5


 




3505 20 30 


-- Containing, by weight, 25 % or more but less than 55 % of starches or dextrins or other modified starches


8,3  + 8,9  EUR/100 kg MAX 11,5 


5


 




3505 20 50 


-- Containing, by weight, 55 % or more but less than 80 % of starches or dextrins or other modified starches


8,3  + 14,2  EUR/100 kg MAX 11,5 


5


 




3505 20 90 


-- Containing, by weight, 80 % or more of starches or dextrins or other modified starches


8,3  + 17,7  EUR/100 kg MAX 11,5 


5


 




3809 10 10 


-- Containing by weight less than 55 % of such substances


8,3  + 8,9  EUR/100 kg MAX 12,8 


5


 




3809 10 30 


-- Containing by weight 55 % or more but less than 70 % of such substances


8,3  + 12,4  EUR/100 kg MAX 12,8 


5


 




3809 10 50 


-- Containing by weight 70 % or more but less than 83 % of such substances


8,3  + 15,1  EUR/100 kg MAX 12,8 


5


 




3809 10 90 


-- Containing by weight 83 % or more of such substances


8,3  + 17,7  EUR/100 kg MAX 12,8 


5


 




3809 91 00 


-- Of a kind used in the textile or like industries


0


0


See Note 2




3809 92 00 


-- Of a kind used in the paper or like industries


0


0


See Note 2




3809 93 00 


-- Of a kind used in the leather or like industries


0


0


See Note 2




3824 10 00 


- Prepared binders for foundry moulds or cores


0


0


See Note 2




3824 30 00 


- Non-agglomerated metal carbides mixed together or with metallic binders


0


0


See Note 2




3824 40 00 


- Prepared additives for cements, mortars or concretes


0


0


See Note 2




3824 50 10 


-- Concrete ready to pour


0


0


See Note 2




3824 50 90 


-- Other


0


0


See Note 2




3824 60 11 


--- Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content


7,7  + 16,1  EUR/100 kg


E


TRQ-SH




3824 60 19 


--- Other


9 + 37,8  EUR/100 kg


E


TRQ-SH




3824 60 91 


--- Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content


7,7  + 23 EUR/100 kg


E


TRQ-SH




3824 60 99 


--- Other


9 + 53,7  EUR/100 kg


E


TRQ-SH




3824 71 00 


-- Containing chlorofluorocarbons (CFCs), whether or not containing hydrochlorofluorocarbons (HCFCs), perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs)


0


0


See Note 2




3824 72 00 


-- Containing bromochlorodifluoromethane, bromotrifluoromethane or dibromotetrafluoroethanes


0


0


See Note 2




3824 73 00 


-- Containing hydrobromofluorocarbons (HBFCs)


0


0


See Note 2




3824 74 00 


-- Containing hydrochlorofluorocarbons (HCFCs), whether or not containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs)


0


0


See Note 2




3824 75 00 


-- Containing carbon tetrachloride


0


0


See Note 2




3824 76 00 


-- Containing 1,1,1-trichloroethane (methyl chloroform)


0


0


See Note 2




3824 77 00 


-- Containing bromomethane (methyl bromide) or bromochloromethane


0


0


See Note 2




3824 78 10 


--- Containing only 1,1,1-trifluoroethane and pentafluoroethane


0


0


See Note 2




3824 78 20 


--- Containing only 1,1,1-trifluoroethane, pentafluoroethane and 1,1,1,2-tetrafluoroethane


0


0


See Note 2




3824 78 30 


--- Containing only difluoromethane and pentafluoroethane


0


0


See Note 2




3824 78 40 


--- Containing only difluoromethane, pentafluoroethane and 1,1,1,2-tetrafluoroethane


0


0


See Note 2




3824 78 80 


--- Containing unsaturated hydrofluorocarbons


0


0


See Note 2




3824 78 90 


--- Other


0


0


See Note 2




3824 79 00 


-- Other


0


0


See Note 2




3824 81 00 


-- Containing oxirane (ethylene oxide)


0


0


See Note 2




3824 82 00 


-- Containing polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs)


0


0


See Note 2




3824 83 00 


-- Containing tris(2,3-dibromopropyl) phosphate


0


0


See Note 2




3824 84 00 


-- Containing aldrin (ISO), camphechlor (ISO) (toxaphene), chlordane (ISO), chlordecone (ISO), DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane), dieldrin (ISO, INN), endosulfan (ISO), endrin (ISO), heptachlor (ISO) or mirex (ISO)


0


0


See Note 2




3824 85 00 


-- Containing 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN)


0


0


See Note 2




3824 86 00 


-- Containing pentachlorobenzene (ISO) or hexachlorobenzene (ISO)


0


0


See Note 2




3824 87 00 


-- Containing perfluorooctane sulphonic acid, its salts, perfluorooctane sulphonamides, or perfluorooctane sulphonyl fluoride


0


0


See Note 2




3824 88 00 


-- Containing tetra-, penta-, hexa-, hepta- or octabromodiphenyl ethers


0


0


See Note 2




3824 91 00 


-- Mixtures and preparations consisting mainly of (5-ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl)methyl methyl methylphosphonate and bis[(5-ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl)methyl] methylphosphonate


0


0


See Note 2




3824 99 10 


--- Petroleum sulphonates, excluding petroleum sulphonates of alkali metals, of ammonium or of ethanolamines; thiophenated sulphonic acids of oils obtained from bituminous minerals, and their salts


0


0


See Note 2




3824 99 15 


--- Ion-exchangers


0


0


See Note 2




3824 99 20 


--- Getters for vacuum tubes


0


0


See Note 2




3824 99 25 


--- Pyrolignites (for example, of calcium); crude calcium tartrate; crude calcium citrate


0


0


See Note 2




3824 99 30 


--- Naphthenic acids, their water-insoluble salts and their esters


0


0


See Note 2




3824 99 45 


---- Anti-scaling and similar compounds


0


0


See Note 2




3824 99 50 


---- Preparations for electroplating


0


0


See Note 2




3824 99 55 


---- Mixtures of mono-, di- and tri-, fatty acid esters of glycerol (emulsifiers for fats)


0


0


See Note 2




3824 99 56 


----- Containing products of subheading 2939 79 10 


0


0


See Note 2




3824 99 57 


----- Other


0


0


See Note 2




3824 99 58 


---- Nicotine patches (transdermal systems), intended to assist smokers to stop smoking


0


0


See Note 2




3824 99 61 


----- Intermediate products of the antibiotics manufacturing process obtained from the fermentation of Streptomyces tenebrarius, whether or not dried, for use in the manufacture of human medicaments of heading 3004


0


0


See Note 2




3824 99 62 


----- Intermediate products from the manufacture of monensin salts


0


0


See Note 2




3824 99 64 


----- Other


0


0


See Note 2




3824 99 65 


---- Auxiliary products for foundries (other than those of subheading 3824 10 00 )


0


0


See Note 2




3824 99 70 


---- Fireproofing, waterproofing and similar protective preparations used in the building industry


0


0


See Note 2




3824 99 75 


----- Lithium niobate wafer, undoped


0


0


See Note 2




3824 99 80 


----- Mixture of amines derived from dimerised fatty acids, of an average molecular weight of 520 or more but not exceeding 550


0


0


See Note 2




3824 99 85 


----- 3-(1-Ethyl-1-methylpropyl)isoxazol-5-ylamine, in the form of a solution in toluene


0


0


See Note 2




3824 99 86 


----- Mixtures consisting mainly of dimethyl methylphosphonate, oxirane and diphosphorus pentaoxide


0


0


See Note 2




3824 99 92 


------ In the form of a liquid at 20 oC


0


0


See Note 2




3824 99 93 


------ Other


0


0


See Note 2




3824 99 96 


----- Other


0


0


See Note 2






(1)  Commission Implementing Regulation (EU) 2020/1577 of 21 September 2020 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ EU L 361, 30.10.2020, p. 1).




Appendix 9-2
TARIFF SCHEDULE OF CHILE






Note 1:


The scope of products in this list is determined by codes as set out in Decree No514 of 1 December 2016 of the Ministry of Finance, amended by Decrees No334 of 2017, No175 of 2018 and No458 of 2019.










Note 2:


Goods originating in the EU Party imported into Chile and classified in a tariff item with an annotation referring to this Note will continue to receive duty free treatment as agreed under the 2002 Association Agreement.










Note 3:


The Price Band System (‘PBS’) is established in Article 12 of Law 18.525 (1). Chile may maintain its PBS as established in Article 12 of Law 18.525 or succeeding system, for goods classified in the following tariff items: 1701.1200, 1701.1300, 1701.1400, 1701.9100, 1701.9910, 1701.9920, 1701.9990; provided it is applied consistently with Chile's rights and obligations under the WTO Agreement and in a manner that does not afford more favourable treatment to imports of any third country, including countries with which Chile has concluded, or will conclude in the future, an agreement notified under Article XXIV of GATT 1994.













HS Code 2021


Description (see Note 1)


Base Rate


Staging category


Notes




0301.1100


-- Freshwater


0 %


 


See Note 2




0301.1900


-- Other


0 %


 


See Note 2




0301.9100


-- Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster):


0 %


 


See Note 2




0301.9200


-- Eels (Anguilla spp.)


0 %


 


See Note 2




0301.9300


-- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.)


0 %


 


See Note 2




0301.9400


-- Atlantic and Pacific bluefin tunas (Thunnus thynnus, Thunnus orientalis)


0 %


 


See Note 2




0301.9500


-- Southern bluefin tunas (Thunnus maccoyii)


0 %


 


See Note 2




0301.9900


-- Other


0 %


 


See Note 2




0302.1110


--- Whole


0 %


 


See Note 2




0302.1120


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.1130


--- Medallions (slices, ‘steak’)*


0 %


 


See Note 2




0302.1190


--- Other


0 %


 


See Note 2




0302.1310


--- Whole


0 %


 


See Note 2




0302.1320


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.1330


---- Medallions (slices, ‘steak’)*


0 %


 


See Note 2




0302.1340


--- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0302.1390


--- Other


0 %


 


See Note 2




0302.1410


--- Whole


0 %


 


See Note 2




0302.1420


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.1430


---- Medallions (slices, ‘steak’)*


0 %


 


See Note 2




0302.1440


--- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0302.1490


--- Other


0 %


 


See Note 2




0302.1900


-- Other


0 %


 


See Note 2




0302.2100


-- Halibut (Reinhardtius hippoglossoides, Hippoglossus hippoglossus, Hippoglossus stenolepis)


0 %


 


See Note 2




0302.2200


-- Plaice (Pleuronectes platessa)


0 %


 


See Note 2




0302.2300


-- Sole (Solea spp.)


0 %


 


See Note 2




0302.2400


-- Turbots (Psetta maxima)


0 %


 


See Note 2




0302.2921


---- Whole


0 %


 


See Note 2




0302.2922


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.2929


---- Other


0 %


 


See Note 2




0302.2990


--- Other


0 %


 


See Note 2




0302.3110


--- Whole


0 %


 


See Note 2




0302.3120


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.3190


--- Other


0 %


 


See Note 2




0302.3200


-- Yellowfin tunas (Thunnus albacares)


0 %


 


See Note 2




0302.3300


-- Skipjack or stripe-bellied bonito


0 %


 


See Note 2




0302.3400


-- Bigeye tunas (Thunnus obesus)


0 %


 


See Note 2




0302.3500


-- Atlantic and Pacific bluefin tunas (Thunnus thynnus, Thunnus orientalis)


0 %


 


See Note 2




0302.3600


-- Southern bluefin tunas (Thunnus maccoyii)


0 %


 


See Note 2




0302.3900


-- Other


0 %


 


See Note 2




0302.4100


-- Herrings (Clupea harengus, Clupea pallasii)


0 %


 


See Note 2




0302.4200


-- Anchovies (Engraulis spp.)


0 %


 


See Note 2




0302.4311


--- Whole


0 %


 


See Note 2




0302.4312


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.4319


---- Other


0 %


 


See Note 2




0302.4390


--- Other


0 %


 


See Note 2




0302.4400


-- Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus)


0 %


 


See Note 2




0302.4511


---- Whole


0 %


 


See Note 2




0302.4512


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.4519


---- Other


0 %


 


See Note 2




0302.4590


--- Other


0 %


 


See Note 2




0302.4600


-- Cobia (Rachycentron canadum)


0 %


 


See Note 2




0302.4710


--- Whole


0 %


 


See Note 2




0302.4720


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.4730


--- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0302.4790


--- Other


0 %


 


See Note 2




0302.4900


-- Other


0 %


 


See Note 2




0302.5100


-- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)


0 %


 


See Note 2




0302.5200


-- Haddock (Melanogrammus aeglefinus)


0 %


 


See Note 2




0302.5300


-- Coalfish (Pollachius virens)


0 %


 


See Note 2




0302.5411


---- South Pacific hake (Chilean Hake) (Merluccius gayi gayi), whole


6 %


3


TRQ-Fish




0302.5412


---- South Pacific hake (Chilean Hake) (Merluccious gayi gayi) headed and gutted (‘HG’)


6 %


3


TRQ-Fish




0302.5413


---- Patagonian Hake (Merluccius australis), whole


6 %


3


TRQ-Fish




0302.5414


---- Patagonian Hake (Merluccius australis), headed and gutted (‘HG’)


6 %


3


TRQ-Fish




0302.5415


---- South Pacific hake (Chilean Hake) (Merluccius gayi gayi), headed, gutted and without tail (‘HGT’)


6 %


3


TRQ-Fish




0302.5416


---- Patagonian Hake (Merluccius australis), headed, gutted and without tail (‘HGT’)


6 %


3


TRQ-Fish




0302.5419


---- Other


6 %


3


TRQ-Fish




0302.5490


--- Other


0 %


 


See Note 2




0302.5500


-- Alaska Pollack (Theragra chalcogramma)


0 %


 


See Note 2




0302.5611


---- Whole


0 %


 


See Note 2




0302.5612


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.5613


---- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0302.5619


---- Other


0 %


 


See Note 2




0302.5690


--- Other


0 %


 


See Note 2




0302.5911


---- Whole


0 %


 


See Note 2




0302.5912


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.5919


---- Other


6 %


3


TRQ-Fish




0302.5990


--- Other


0 %


 


See Note 2




0302.7100


-- Tilapias (Oreochromis spp.)


0 %


 


See Note 2




0302.7200


-- Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)


0 %


 


See Note 2




0302.7300


-- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.)


0 %


 


See Note 2




0302.7400


-- Eels (Anguilla spp.)


0 %


 


See Note 2




0302.7900


-- Other


0 %


 


See Note 2




0302.8111


---- Oceanic whitetip sharks (Carcharhinus longimanus)


0 %


 


See Note 2




0302.8112


---- Blue shark (Prionace glauca)


0 %


 


See Note 2




0302.8113


---- Galapagos sharks / Mango (Carcharhinus Galapagensis)


0 %


 


See Note 2




0302.8114


---- Speckled smooth-hound (Mustelus mento)


0 %


 


See Note 2




0302.8119


---- Other


0 %


 


See Note 2




0302.8121


---- Smokers sharks, gray sharks or sea cats (Hexanchus Griseus)


0 %


 


See Note 2




0302.8122


---- Birdbeak Dogfish (Deania calcea)


0 %


 


See Note 2




0302.8123


---- Spiny dogfish (Squalus acanthias)


0 %


 


See Note 2




0302.8124


---- Sawfishes (Pristidae)


0 %


 


See Note 2




0302.8129


---- Others


0 %


 


See Note 2




0302.8131


---- Whale sharks (Rhincodon typus)


0 %


 


See Note 2




0302.8132


---- Basking sharks (Cetorhinus maximus)


0 %


 


See Note 2




0302.8139


---- Others


0 %


 


See Note 2




0302.8141


---- Thresher shark (Alopias vulpinus)


0 %


 


See Note 2




0302.8142


---- White sharks (Carcharodon carcharias)


0 %


 


See Note 2




0302.8143


---- Shortfin mako shark (Isurus oxyrinchus)


0 %


 


See Note 2




0302.8144


---- Porbeagle sharks (Lamna nasus)


0 %


 


See Note 2




0302.8149


---- Others


0 %


 


See Note 2




0302.8151


---- Scalloped hammerhead sharks (Sphyrna lewini)


0 %


 


See Note 2




0302.8152


---- Giant hammerhead sharks (Sphyrna mokarran)


0 %


 


See Note 2




0302.8153


---- Smooth hammerhead sharks (Sphyrna zygaena)


0 %


 


See Note 2




0302.8159


---- Others


0 %


 


See Note 2




0302.8190


--- Others


0 %


 


See Note 2




0302.8210


--- Skate (Zearaja chilensis (ex Dipturus chilensis))


0 %


 


See Note 2




0302.8290


--- Others


0 %


 


See Note 2




0302.8311


---- Whole


0 %


 


See Note 2




0302.8312


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.8313


---- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0302.8319


---- Other


0 %


 


See Note 2




0302.8390


--- Other


0 %


 


See Note 2




0302.8400


-- Seabass (Dicentrarchus spp.)


0 %


 


See Note 2




0302.8500


-- Seabream (Sparidae)


0 %


 


See Note 2




0302.8910


--- Southern grunt (Cilus gilberti)


0 %


 


See Note 2




0302.8921


---- Whole


0 %


 


See Note 2




0302.8922


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.8929


---- Other


0 %


 


See Note 2




0302.8931


---- Whole


0 %


 


See Note 2




0302.8932


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0302.8939


---- Other


0 %


 


See Note 2




0302.8941


---- Golden kingclip (Genypterus blacodes) whole


0 %


 


See Note 2




0302.8942


---- Golden kingclip (Genypterus blacodes) headed and gutted (‘HG’)


0 %


 


See Note 2




0302.8943


---- Other kingclips (Genypterus chilensis) (Genypterus maculatus), whole


0 %


 


See Note 2




0302.8944


---- Other kingclips (Genypterus chilensis) (Genypterus maculatus), headed and gutted (‘HG’)


0 %


 


See Note 2




0302.8945


---- Golden kingclip (Genypterus blacodes) headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0302.8946


---- Warehou (Seriolella violacea) (Seriolella caerulea) (Seriolella punctata), headed and gutted (‘HG’)


0 %


 


See Note 2




0302.8947


---- Warehou (Seriolella violacea) (Seriolella caerulea) (Seriolella punctata), headed, gutted and without tail (‘HGT’)


0 %


 


See Note 2




0302.8949


---- Others


0 %


 


See Note 2




0302.8991


---- White sturgeon (Acipenser transmontanus) and Siberian sturgeon (Acipenser baerii), whole


0 %


 


See Note 2




0302.8992


---- White sturgeon (Acipenser transmontanus) and Siberian sturgeon (Acipenser baerii), headed and gutted (‘HG’)


0 %


 


See Note 2




0302.8999


---- Others


0 %


 


See Note 2




0302.9100


-- Livers, roes and milt


0 %


 


See Note 2




0302.9211


---- Of Oceanic whitetip sharks (Carcharhinus longimanus)


0 %


 


See Note 2




0302.9212


---- Of Blue shark (Prionace glauca)


0 %


 


See Note 2




0302.9213


---- Of Galapagos sharks / Mango (Carcharhinus Galapagensis)


0 %


 


See Note 2




0302.9214


---- Of Scalloped hammerhead sharks (Sphyrna lewini)


0 %


 


See Note 2




0302.9215


---- Of Giant Hammerhead sharks (Sphyrna mokarran)


0 %


 


See Note 2




0302.9216


---- Of Smooth hammerhead sharks (Sphyrna zygaena)


0 %


 


See Note 2




0302.9217


---- Of Speckled smooth-hound (Mustelus mento)


0 %


 


See Note 2




0302.9219


---- Others


0 %


 


See Note 2




0302.9221


---- Of Smokers sharks, gray sharks or sea cats (Hexanchus Griseus)


0 %


 


See Note 2




0302.9222


---- Of Birdbeak Dogfish (Deania calcea)


0 %


 


See Note 2




0302.9223


---- Of Spiny dogfish (Squalus acanthias)


0 %


 


See Note 2




0302.9224


---- Of Sawfishes (Pristidae)


0 %


 


See Note 2




0302.9229


---- Others


0 %


 


See Note 2




0302.9231


---- Of Whale sharks (Rhincodon typus)


0 %


 


See Note 2




0302.9232


---- Of Basking sharks (Cetorhinus maximus)


0 %


 


See Note 2




0302.9239


---- Others


0 %


 


See Note 2




0302.9241


---- Of Thresher shark (Alopias vulpinus)


0 %


 


See Note 2




0302.9242


---- Of White sharks (Carcharodon carcharias)


0 %


 


See Note 2




0302.9243


---- Of Shortfin mako shark (Isurus oxyrinchus)


0 %


 


See Note 2




0302.9244


---- Of Porbeagle sharks (Lamna nasus)


0 %


 


See Note 2




0302.9249


---- Others


0 %


 


See Note 2




0302.9290


--- Others


0 %


 


See Note 2




0302.9910


--- Rajidae Manta ray's fins


0 %


 


See Note 2




0302.9920


--- Mobulidae Manta ray's fin


0 %


 


See Note 2




0302.9990


--- Others


0 %


 


See Note 2




0303.1110


--- Whole


0 %


 


See Note 2




0303.1120


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.1130


--- Medallions (slices, ‘steak’)*


0 %


 


See Note 2




0303.1140


--- Belly (harami, harasu)*


0 %


 


See Note 2




0303.1150


--- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0303.1190


--- Other


0 %


 


See Note 2




0303.1210


--- Whole


0 %


 


See Note 2




0303.1220


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.1230


--- Medallions (slices, ‘steak’)*


0 %


 


See Note 2




0303.1240


--- Belly (harami, harasu)*


0 %


 


See Note 2




0303.1250


--- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0303.1290


--- Other


0 %


 


See Note 2




0303.1310


--- Whole


0 %


 


See Note 2




0303.1320


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.1330


--- Medallions (slices, ‘steak’)*


0 %


 


See Note 2




0303.1340


--- Belly (harami, harasu)*


0 %


 


See Note 2




0303.1350


--- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0303.1390


--- Other


0 %


 


See Note 2




0303.1410


--- Whole


0 %


 


See Note 2




0303.1420


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.1430


--- Medallions (slices, ‘steak’)*


0 %


 


See Note 2




0303.1440


--- Belly (harami, harasu)*


0 %


 


See Note 2




0303.1490


--- Other


0 %


 


See Note 2




0303.1900


-- Other


0 %


 


See Note 2




0303.2300


-- Tilapias (Oreochromis spp.)


0 %


 


See Note 2




0303.2400


-- Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)


0 %


 


See Note 2




0303.2500


-- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.)


0 %


 


See Note 2




0303.2600


-- Eels (Anguilla spp.)


0 %


 


See Note 2




0303.2900


-- Other


0 %


 


See Note 2




0303.3100


-- Halibut (Reinhardtius hippoglossoides, Hippoglossus hippoglossus, Hippoglossus stenolepis)


0 %


 


See Note 2




0303.3200


-- Plaice (Pleuronectes platessa)


0 %


 


See Note 2




0303.3300


-- Sole (Solea spp.)


0 %


 


See Note 2




0303.3400


-- Turbots (Psetta maxima)


0 %


 


See Note 2




0303.3921


---- Whole


0 %


 


See Note 2




0303.3922


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.3929


---- Other


0 %


 


See Note 2




0303.3990


--- Other


0 %


 


See Note 2




0303.4110


--- Whole


0 %


 


See Note 2




0303.4120


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.4190


--- Other


0 %


 


See Note 2




0303.4200


-- Yellowfin tunas (Thunnus albacares)


0 %


 


See Note 2




0303.4300


-- Skipjack or stripe-bellied bonito


0 %


 


See Note 2




0303.4400


-- Bigeye tunas (Thunnus obesus)


0 %


 


See Note 2




0303.4500


-- Atlantic and Pacific bluefin tunas (Thunnus thynnus, Thunnus orientalis)


0 %


 


See Note 2




0303.4600


-- Southern bluefin tunas (Thunnus maccoyii)


0 %


 


See Note 2




0303.4900


-- Other


0 %


 


See Note 2




0303.5100


-- Herrings (Clupea harengus, Clupea pallasii)


0 %


 


See Note 2




0303.5311


---- Whole


0 %


 


See Note 2




0303.5312


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.5319


---- Other


0 %


 


See Note 2




0303.5390


--- Other


0 %


 


See Note 2




0303.5411


---- Whole


0 %


 


See Note 2




0303.5419


---- Other


0 %


 


See Note 2




0303.5490


--- Other


0 %


 


See Note 2




0303.5511


---- Whole


0 %


 


See Note 2




0303.5512


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.5513


---- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0303.5519


---- Other


0 %


 


See Note 2




0303.5590


--- Other


0 %


 


See Note 2




0303.5600


-- Cobia (Rachycentron canadum)


0 %


 


See Note 2




0303.5710


--- Whole


0 %


 


See Note 2




0303.5720


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.5790


--- Other


0 %


 


See Note 2




0303.5900


-- Other


0 %


 


See Note 2




0303.6300


-- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)


0 %


 


See Note 2




0303.6400


-- Haddock (Melanogrammus aeglefinus)


0 %


 


See Note 2




0303.6500


-- Coalfish (Pollachius virens)


0 %


 


See Note 2




0303.6611


---- South Pacific hake (Chilean Hake)* (Merluccious gayi gayi), whole


0 %


 


See Note 2




0303.6612


---- South Pacific hake (Chilean Hake)* (Merluccious gayi gayi) headed and gutted (‘HG’)


0 %


 


See Note 2




0303.6613


---- Patagonian Hake (Merluccius australis), whole


0 %


 


See Note 2




0303.6614


---- Patagonian Hake (Merluccius australis), headed and gutted (‘HG’)


0 %


 


See Note 2




0303.6615


---- South Pacific hake (Chilean Hake)* (Merluccious gayi gayi) headed, gutted and without tail (‘HGT’)


0 %


 


See Note 2




0303.6616


---- Patagonian Hake (Merluccius australis), headed, gutted and without tail (‘HGT’)


0 %


 


See Note 2




0303.6619


---- Other


0 %


 


See Note 2




0303.6690


--- Other


0 %


 


See Note 2




0303.6700


-- Alaska Pollack (Theragra chalcogramma)


0 %


 


See Note 2




0303.6811


---- Whole


0 %


 


See Note 2




0303.6812


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.6813


---- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0303.6819


---- Other


0 %


 


See Note 2




0303.6890


--- Other


0 %


 


See Note 2




0303.6910


--- Hake or patagonian grenadier (Macrunus magellanicus), whole


0 %


 


See Note 2




0303.6921


---- Whole


0 %


 


See Note 2




0303.6922


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.6929


---- Other


0 %


 


See Note 2




0303.6990


--- Others


0 %


 


See Note 2




0303.8111


---- Oceanic whitetip sharks (Carcharhinus longimanus)


0 %


 


See Note 2




0303.8112


---- Blue shark (Prionace glauca)


0 %


 


See Note 2




0303.8113


---- Galapagos sharks / Mango (Carcharhinus galapagensis)


0 %


 


See Note 2




0303.8114


---- Scalloped hammerhead sharks (Sphyrna lewini)


0 %


 


See Note 2




0303.8115


---- Giant hammerhead sharks (Sphyrna mokarran)


0 %


 


See Note 2




0303.8116


---- Smooth hammerhead sharks (Sphyrna zygaena)


0 %


 


See Note 2




0303.8117


---- Speckled smooth-hound (Mustelus mento)


0 %


 


See Note 2




0303.8119


---- Others


0 %


 


See Note 2




0303.8121


---- Smokers sharks, gray sharks or sea cats (Hexanchus Griseus)


0 %


 


See Note 2




0303.8122


---- Birdbeak Dogfish (Deania calcea)


0 %


 


See Note 2




0303.8123


---- Spiny dogfish (Squalus acanthias)


0 %


 


See Note 2




0303.8124


---- Sawfishes (Pristidae)


0 %


 


See Note 2




0303.8129


---- Others


0 %


 


See Note 2




0303.8131


---- Whale sharks (Rhincodon typus)


0 %


 


See Note 2




0303.8132


---- Basking sharks (Cetorhinus maximus)


0 %


 


See Note 2




0303.8139


---- Others


0 %


 


See Note 2




0303.8141


---- Thresher shark (Alopias vulpinus)


0 %


 


See Note 2




0303.8142


---- White sharks (Carcharodon carcharias)


0 %


 


See Note 2




0303.8143


---- Shortfin mako shark (Isurus oxyrinchus)


0 %


 


See Note 2




0303.8144


---- Porbeagle sharks (Lamna nasus)


0 %


 


See Note 2




0303.8149


---- Others


0 %


 


See Note 2




0303.8190


--- Other


0 %


 


See Note 2




0303.8210


--- Skate (Zearaja chilensis (ex Dipturus chilensis))


0 %


 


See Note 2




0303.8290


--- Others


0 %


 


See Note 2




0303.8311


---- Whole


0 %


 


See Note 2




0303.8312


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.8313


---- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0303.8319


---- Other


0 %


 


See Note 2




0303.8390


--- Other


0 %


 


See Note 2




0303.8400


-- Seabass (Dicentrarchus spp.)


0 %


 


See Note 2




0303.8910


--- Southern grunt (Cilus gilberti)


0 %


 


See Note 2




0303.8921


---- Whole


0 %


 


See Note 2




0303.8922


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.8929


---- Other


0 %


 


See Note 2




0303.8931


---- Whole


0 %


 


See Note 2




0303.8932


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.8939


---- Other


0 %


 


See Note 2




0303.8941


---- Golden kingclip (Genypterus blacodes) whole


0 %


 


See Note 2




0303.8942


---- Golden kingclip (Genypterus blacodes) headed and gutted (‘HG’)


0 %


 


See Note 2




0303.8943


---- Kingclips (Genypterus chilensis) (Genypterus maculatus), whole


0 %


 


See Note 2




0303.8944


---- Kingclips (Genypterus chilensis) (Genypterus maculatus), headed and gutted (‘HG’)


0 %


 


See Note 2




0303.8945


---- Golden kingclip (Genypterus blacodes) headed, gutted and without tail (‘HGT’)


0 %


 


See Note 2




0303.8949


---- Other


0 %


 


See Note 2




0303.8951


---- Whole


0 %


 


See Note 2




0303.8952


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.8953


---- Headed and gutted and without tail (‘HGT’)


0 %


 


See Note 2




0303.8959


---- Other


0 %


 


See Note 2




0303.8971


---- Whole


0 %


 


See Note 2




0303.8972


---- Headed and gutted (‘HG’)


0 %


 


See Note 2




0303.8979


---- Other


0 %


 


See Note 2




0303.8991


---- Alfonsino (Beryx splendens), whole


0 %


 


See Note 2




0303.8992


---- Orange roughy (Hoplostethus atlanticus), whole


0 %


 


See Note 2




0303.8994


---- Cardinalfish (Epigonus crassicaudus), headed and gutted (‘HG’)


0 %


 


See Note 2




0303.8995


---- Mackerel icefish (Champsocephalus gunnari), whole


0 %


 


See Note 2




0303.8996


---- Common dolphinfish (Coryphaena hippurus)


0 %


 


See Note 2




0303.8998


---- Sea silversides (Odontesthes regia)


0 %


 


See Note 2




0303.8999


---- Other


0 %


 


See Note 2




0303.9110


--- Of Pacific, Atlantic or Danube salmon


0 %


 


See Note 2




0303.9120


--- Of Trout


0 %


 


See Note 2




0303.9130


--- Of hake (Merluccius spp.)


0 %


 


See Note 2




0303.9190


--- Others


0 %


 


See Note 2




0303.9211


---- Of Oceanic whitetip sharks (Carcharhinus longimanus)


0 %


 


See Note 2




0303.9212


---- Of Blue shark (Prionace glauca)


0 %


 


See Note 2




0303.9213


---- Of Galapagos sharks / Mango (Carcharhinus galapagensis)


0 %


 


See Note 2




0303.9214


--- Of Scalloped hammerhead sharks (Sphyrna lewini)


0 %


 


See Note 2




0303.9215


---- Of Giant Hammerhead sharks (Sphyrna mokarran)


0 %


 


See Note 2




0303.9216


---- Of Smooth hammerhead sharks (Sphyrna zygaena)


0 %


 


See Note 2




0303.9217


---- Of Speckled smooth-hound (Mustelus mento)


0 %


 


See Note 2




0303.9219


---- Others


0 %


 


See Note 2




0303.9221


---- Of Smokers sharks, gray sharks or sea cats (Hexanchus griseus)


0 %


 


See Note 2




0303.9222


---- Of Birdbeak Dogfish (Deania calcea)


0 %


 


See Note 2




0303.9223


---- Of Spiny dogfish (Squalus acanthias)


0 %


 


See Note 2




0303.9224


---- Of Sawfishes (Pristidae)


0 %


 


See Note 2




0303.9229


---- Others


0 %


 


See Note 2




0303.9231


---- Of Whale sharks (Rhincodon typus)


0 %


 


See Note 2




0303.9232


---- Of Basking sharks (Cetorhinus maximus)


0 %


 


See Note 2




0303.9239


---- Others


0 %


 


See Note 2




0303.9241


---- Of Thresher shark (Alopias vulpinus)


0 %


 


See Note 2




0303.9242


---- Of White sharks (Carcharodon carcharias)


0 %


 


See Note 2




0303.9243


---- Of Shortfin mako shark (Isurus oxyrinchus)


0 %


 


See Note 2




0303.9244


---- Of Porbeagle sharks (Lamna nasus)


0 %


 


See Note 2




0303.9249


---- Others


0 %


 


See Note 2




0303.9290


--- Others


0 %


 


See Note 2




0303.9910


--- Rajidae Ray's fin


0 %


 


See Note 2




0303.9920


--- Mobulidae Manta ray's fin


0 %


 


See Note 2




0303.9990


--- Others


0 %


 


See Note 2




0304.3100


-- Tilapias (Oreochromis spp.)


0 %


 


See Note 2




0304.3200


-- Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)


0 %


 


See Note 2




0304.3300


-- Nile Perch (Lates niloticus)


0 %


 


See Note 2




0304.3900


-- Other


0 %


 


See Note 2




0304.4110


--- Pacific salmon


0 %


 


See Note 2




0304.4120


--- Atlantic and Danube salmon


0 %


 


See Note 2




0304.4200


-- Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster)


0 %


 


See Note 2




0304.4300


-- Flat fish (Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, Scophthalmidae and Citharidae)


0 %


 


See Note 2




0304.4410


--- South Pacific hake (Chilean hake)* (Merluccius gayi gayi)


0 %


 


See Note 2




0304.4420


--- Patagonian Hake (Merluccius australis)


0 %


 


See Note 2




0304.4430


--- Hake or patagonian grenadier (Macrunus magellanicus)


0 %


 


See Note 2




0304.4440


--- Southern blue whiting, polaca (Micromesistius australis)


0 %


 


See Note 2




0304.4490


--- Other


0 %


 


See Note 2




0304.4500


-- Swordfish (Xiphias gladius)


0 %


 


See Note 2




0304.4610


--- Patagonian toothfish (Dissostichus eleginoides)


0 %


 


See Note 2




0304.4690


--- Other


0 %


 


See Note 2




0304.4711


---- Oceanic whitetip shark (Carcharhinus longimanus)


0 %


 


See Note 2




0304.4712


---- Blue shark (Prionace glauca)


0 %


 


See Note 2




0304.4713


---- Galapagos sharks / Mango (Carcharhinus galapagensis)


0 %


 


See Note 2




0304.4714


---- Scalloped hammerhead sharks (Sphyrna lewini)


0 %


 


See Note 2




0304.4715


---- Giant hammerhead sharks (Sphyrna mokarran)


0 %


 


See Note 2




0304.4716


---- Smooth hammerhead sharks (Sphyrna zygaena)


0 %


 


See Note 2




0304.4717


---- Speckled smooth-hound (Mustelus mento)


0 %


 


See Note 2




0304.4719


---- Others


0 %


 


See Note 2




0304.4721


---- Smokers sharks, gray sharks or sea cats (Hexanchus griseus)


0 %


 


See Note 2




0304.4722


---- Birdbeak Dogfish (Deania calcea)


0 %


 


See Note 2




0304.4723


---- Spiny dogfish (Squalus acanthias)


0 %


 


See Note 2




0304.4724


---- Sawfishes (Pristidae)


0 %


 


See Note 2




0304.4729


---- Other


0 %


 


See Note 2




0304.4731


---- Whale sharks (Rhincodon typus)


0 %


 


See Note 2




0304.4732


---- Basking sharks (Cetorhinus maximus)


0 %


 


See Note 2




0304.4739


---- Other


0 %


 


See Note 2




0304.4741


---- Thresher shark (Alopias vulpinus)


0 %


 


See Note 2




0304.4742


---- White sharks (Carcharodon carcharias)


0 %


 


See Note 2




0304.4743


---- Shortfin mako shark (Isurus oxyrinchus)


0 %


 


See Note 2




0304.4744


---- Porbeagle sharks (Lamna nasus)


0 %


 


See Note 2




0304.4749


---- Other


0 %


 


See Note 2




0304.4790


--- Other


0 %


 


See Note 2




0304.4810


--- Skate (Zearaja chilensis (ex Dipturus chilensis))


0 %


 


See Note 2




0304.4890


--- Other


0 %


 


See Note 2




0304.4920


--- Cod from Juan Fernandez (Polyprion oxygeneios)


0 %


 


See Note 2




0304.4970


--- Sardines (Sardinops sagax)


0 %


 


See Note 2




0304.4980


--- Chilean herring (Clupea bentincki)


0 %


 


See Note 2




0304.4991


---- Southern jack mackerel (Trachurus murphyi)


0 %


 


See Note 2




0304.4992


--- Mackerel (Scomber japonicus peruanus)


0 %


 


See Note 2




0304.4993


---- Alfonsino (Beryx splendens)


0 %


 


See Note 2




0304.4999


---- Other


0 %


 


See Note 2




0304.5100


-- Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


0 %


 


See Note 2




0304.5200


-- Salmonidae


0 %


 


See Note 2




0304.5300


-- Fish of the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae


0 %


 


See Note 2




0304.5400


-- Swordfish (Xiphias gladius)


0 %


 


See Note 2




0304.5500


-- Toothfish (Dissostichus spp.)


0 %


 


See Note 2




0304.5611


---- Oceanic whitetip shark (Carcharhinus longimanus)


0 %


 


See Note 2




0304.5612


---- Blue shark (Prionace glauca)


0 %


 


See Note 2




0304.5613


---- Galapagos sharks / Mango (Carcharhinus galapagensis)


0 %


 


See Note 2




0304.5614


---- Scalloped hammerhead sharks (Sphyrna lewini)


0 %


 


See Note 2




0304.5615


---- Giant hammerhead sharks (Sphyrna mokarran)


0 %


 


See Note 2




0304.5616


---- Smooth hammerhead sharks (Sphyrna zygaena)


0 %


 


See Note 2




0304.5617


---- Speckled smooth-hound (Mustelus mento)


0 %


 


See Note 2




0304.5619


---- Others


0 %


 


See Note 2




0304.5621


---- Smokers sharks, gray sharks or sea cats (Hexanchus griseus)


0 %


 


See Note 2




0304.5622


---- Birdbeak Dogfish (Deania calcea)


0 %


 


See Note 2




0304.5623


---- Spiny dogfish (Squalus acanthias)


0 %


 


See Note 2




0304.5624


---- Sawfishes (Pristidae)


0 %


 


See Note 2




0304.5629


---- Other


0 %


 


See Note 2




0304.5631


---- Whale sharks (Rhincodon typus)


0 %


 


See Note 2




0304.5632


---- Basking sharks (Cetorhinus maximus)


0 %


 


See Note 2




0304.5639


---- Other


0 %


 


See Note 2




0304.5641


---- Thresher shark (Alopias vulpinus)


0 %


 


See Note 2




0304.5642


---- White sharks (Carcharodon carcharias)


0 %


 


See Note 2




0304.5643


---- Shortfin mako shark (Isurus oxyrinchus)


0 %


 


See Note 2




0304.5644


---- Porbeagle sharks (Lamna nasus)


0 %


 


See Note 2




0304.5649


---- Other


0 %


 


See Note 2




0304.5690


--- Other


0 %


 


See Note 2




0304.5710


--- Skate (Zearaja chilensis (ex Dipturus chilensis))


0 %


 


See Note 2




0304.5790


--- Other


0 %


 


See Note 2




0304.5900


-- Other


0 %


 


See Note 2




0304.6100


-- Tilapias (Oreochromis spp.)


0 %


 


See Note 2




0304.6200


-- Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)


0 %


 


See Note 2




0304.6300


-- Nile Perch (Lates niloticus)


0 %


 


See Note 2




0304.6900


-- Other


0 %


 


See Note 2




0304.7100


-- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)


0 %


 


See Note 2




0304.7200


-- Haddock (Melanogrammus aeglefinus)


0 %


 


See Note 2




0304.7300


-- Coalfish (Pollachius virens)


0 %


 


See Note 2




0304.7411


--- South Pacific hake (Chilean hake)* (Merluccius gayi gayi)


0 %


 


See Note 2




0304.7412


--- Patagonian Hake (Merluccius australis)


0 %


 


See Note 2




0304.7419


---- Other


0 %


 


See Note 2




0304.7490


--- Other


0 %


 


See Note 2




0304.7500


-- Alaska Pollack (Theragra chalcogramma)


0 %


 


See Note 2




0304.7910


--- Hake or patagonian grenadier (Macrunus magellanicus)


0 %


 


See Note 2




0304.7920


--- Southern blue whiting, polaca (Micromesistius australis)


0 %


 


See Note 2




0304.7990


--- Other


0 %


 


See Note 2




0304.8110


--- Pacific salmon


0 %


 


See Note 2




0304.8120


--- Atlantic and Danube salmon


0 %


 


See Note 2




0304.8200


-- Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster)


0 %


 


See Note 2




0304.8300


-- Flat fish (Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, Scophthalmidae and Citharidae)


0 %


 


See Note 2




0304.8400


-- Swordfish (Xiphias gladius)


0 %


 


See Note 2




0304.8510


--- Patagonian toothfish (Dissostichus eleginoides):


0 %


 


See Note 2




0304.8590


--- Other


0 %


 


See Note 2




0304.8600


-- Herrings (Clupea harengus, Clupea pallasii)


0 %


 


See Note 2




0304.8700


-- Tunas (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis)


0 %


 


See Note 2




0304.8811


---- Oceanic whitetip shark (Carcharhinus longimanus)


0 %


 


See Note 2




0304.8812


---- Blue shark (Prionace glauca)


0 %


 


See Note 2




0304.8813


---- Galapagos sharks / Mango (Carcharhinus galapagensis)


0 %


 


See Note 2




0304.8814


---- Scalloped hammerhead sharks (Sphyrna lewini)


0 %


 


See Note 2




0304.8815


---- Giant hammerhead sharks (Sphyrna mokarran)


0 %


 


See Note 2




0304.8816


---- Smooth hammerhead sharks (Sphyrna zygaena)


0 %


 


See Note 2




0304.8817


---- Speckled smooth-hound (Mustelus mento)


0 %


 


See Note 2




0304.8819


---- Others


0 %


 


See Note 2




0304.8821


---- Smokers sharks, gray sharks or sea cats (Hexanchus griseus)


0 %


 


See Note 2




0304.8822


---- Birdbeak Dogfish (Deania calcea)


0 %


 


See Note 2




0304.8823


---- Spiny dogfish (Squalus acanthias)


0 %


 


See Note 2




0304.8824


---- Sawfishes (Pristidae)


0 %


 


See Note 2




0304.8829


---- Others


0 %


 


See Note 2




0304.8831


---- Whale sharks (Rhincodon typus)


0 %


 


See Note 2




0304.8832


---- Basking sharks (Cetorhinus maximus)


0 %


 


See Note 2




0304.8839


---- Others


0 %


 


See Note 2




0304.8841


---- Thresher shark (Alopias vulpinus)


0 %


 


See Note 2




0304.8842


---- White sharks (Carcharodon carcharias)


0 %


 


See Note 2




0304.8843


---- Shortfin mako shark (Isurus oxyrinchus)


0 %


 


See Note 2




0304.8844


---- Porbeagle sharks (Lamna nasus)


0 %


 


See Note 2




0304.8849


---- Others


0 %


 


See Note 2




0304.8851


--- Skate (Zearaja chilensis (ex Dipturus chilensis))


0 %


 


See Note 2




0304.8859


---- Others


0 %


 


See Note 2




0304.8890


--- Others


0 %


 


See Note 2




0304.8920


--- Cod from Juan Fernandez (Polyprion oxygeneios)


0 %


 


See Note 2




0304.8930


--- Kingclip (Genypterus chilensis) (Genypterus blacodes) (Genypterus maculatus)


0 %


 


See Note 2




0304.8940


--- Slender alfonsino (Beryx splendens)


0 %


 


See Note 2




0304.8950


--- Cardinal fish (Epigonus crassicaudus)


0 %


 


See Note 2




0304.8960


--- Common dolphinfish (Coryphaena hippurus)


0 %


 


See Note 2




0304.8971


---- Sardine (Sardinops sagax)


0 %


 


See Note 2




0304.8972


---- Chilean Herring (Clupea bentincki)


0 %


 


See Note 2




0304.8973


---- Southern jack mackerel (Trachurus murphyi)


0 %


 


See Note 2




0304.8974


---- Mackerel (Scomber japonicus peruanus)


0 %


 


See Note 2




0304.8979


---- Other


0 %


 


See Note 2




0304.8990


--- Others


0 %


 


See Note 2




0304.9100


-- Swordfish (Xiphias gladius)


0 %


 


See Note 2




0304.9211


---- Cuts


0 %


 


See Note 2




0304.9212


--- Barbels (cocochas)


0 %


 


See Note 2




0304.9219


---- Other


0 %


 


See Note 2




0304.9290


--- Other


0 %


 


See Note 2




0304.9300


-- Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


0 %


 


See Note 2




0304.9400


-- Alaska Pollack (Theragra chalcogramma)


0 %


 


See Note 2




0304.9511


---- South Pacific Hake surimi (Merluccius gayi gayi)


0 %


 


See Note 2




0304.9512


---- Cuts


0 %


 


See Note 2




0304.9513


---- Cocochas (cheeks)


0 %


 


See Note 2




0304.9514


---- Other meats of South Pacific hake (Merluccius gayi gayi)


0 %


 


See Note 2




0304.9515


---- Other meats of Patagonian hake (Merluccius australis)


0 %


 


See Note 2




0304.9519


---- Other


0 %


 


See Note 2




0304.9591


---- Other meats of Hake or patagonian grenadier (Macrunus magellanicus)


0 %


 


See Note 2




0304.9599


---- Others


0 %


 


See Note 2




0304.9611


---- Oceanic whitetip shark (Carcharhinus longimanus)


0 %


 


See Note 2




0304.9612


---- Blue shark (Prionace glauca)


0 %


 


See Note 2




0304.9613


---- Galapagos sharks / Mango (Carcharhinus galapagensis)


0 %


 


See Note 2




0304.9614


---- Scalloped hammerhead sharks (Sphyrna lewini)


0 %


 


See Note 2




0304.9615


---- Giant hammerhead sharks (Sphyrna mokarran)


0 %


 


See Note 2




0304.9616


---- Smooth hammerhead sharks (Sphyrna zygaena)


0 %


 


See Note 2




0304.9617


---- Speckled smooth-hound (Mustelus mento)


0 %


 


See Note 2




0304.9619


---- Others


0 %


 


See Note 2




0304.9621


---- Smokers sharks, gray sharks or sea cats (Hexanchus griseus)


0 %


 


See Note 2




0304.9622


---- Birdbeak Dogfish (Deania calcea)


0 %


 


See Note 2




0304.9623


---- Spiny dogfish (Squalus acanthias)


0 %


 


See Note 2




0304.9624


---- Sawfishes (Pristidae)


0 %


 


See Note 2




0304.9629


---- Others


0 %


 


See Note 2




0304.9631


---- Whale sharks (Rhincodon typus)


0 %


 


See Note 2




0304.9632


---- Basking sharks (Cetorhinus maximus)


0 %


 


See Note 2




0304.9639


---- Others


0 %


 


See Note 2




0304.9641


---- Thresher shark (Alopias vulpinus)


0 %


 


See Note 2




0304.9642


---- White sharks (Carcharodon carcharias)


0 %


 


See Note 2




0304.9643


---- Shortfin mako shark (Isurus oxyrinchus)


0 %


 


See Note 2




0304.9644


---- Porbeagle sharks (Lamna nasus)


0 %


 


See Note 2




0304.9649


---- Others


0 %


 


See Note 2




0304.9690


--- Others


0 %


 


See Note 2




0304.9710


--- Skate (Zearaja chilensis (ex Dipturus chilensis))


0 %


 


See Note 2




0304.9790


--- Others


0 %


 


See Note 2




0304.9921


---- Cuts


0 %


 


See Note 2




0304.9922


---- Barbels (cocochas)


0 %


 


See Note 2




0304.9929


---- Other


0 %


 


See Note 2




0304.9941


---- Pacific salmon cuts


0 %


 


See Note 2




0304.9942


---- Other Pacific salmon meat


0 %


 


See Note 2




0304.9943


---- Atlantic salmon and Danube salmon cuts


0 %


 


See Note 2




0304.9944


---- Other Atlantic salmon and Danube salmon meat


0 %


 


See Note 2




0304.9951


---- Cuts


0 %


 


See Note 2




0304.9959


---- Other


0 %


 


See Note 2




0304.9961


---- Sardines (Sardinops sagax)


0 %


 


See Note 2




0304.9962


---- Chilean herring (Clupea bentincki)


0 %


 


See Note 2




0304.9963


---- Jack mackerel surimi (Trackurus murphyi)


0 %


 


See Note 2




0304.9964


---- Other Jack mackerel meat (Trackurus murphyi)


0 %


 


See Note 2




0304.9969


---- Other


0 %


 


See Note 2




0304.9971


---- Cuts


0 %


 


See Note 2




0304.9979


---- Other


0 %


 


See Note 2




0304.9992


---- Other Southern blue whiting, polaca (Micromesistius australis) meats


0 %


 


See Note 2




0304.9993


---- Other Alfonsino meats


0 %


 


See Note 2




0304.9999


---- Other


0 %


 


See Note 2




0305.1000


- Flours, meals and pellets of fish, fit for human consumption


0 %


 


See Note 2




0305.2010


-- Pacific Salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhyncus keta, Oncorhyncus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masour and Oncorhyncus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)


0 %


 


See Note 2




0305.2020


-- Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster)


0 %


 


See Note 2




0305.2090


-- Other


0 %


 


See Note 2




0305.3100


-- Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


0 %


 


See Note 2




0305.3200


-- Fish of the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae


0 %


 


See Note 2




0305.3910


-- Pacific Salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masour and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)


6 %


0


 




0305.3920


--- Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster)


0 %


 


See Note 2




0305.3930


---- Southern jack mackerel (Trachurus murphyi)


0 %


 


See Note 2




0305.3940


--- Anchovie (Engraulis ringens)


0 %


 


See Note 2




0305.3950


--- Patagonian toothfish (Dissostichus eleginoides)


0 %


 


See Note 2




0305.3960


--- Cod from Juan Fernandez (Polyprion oxygeneios)


0 %


 


See Note 2




0305.3990


--- Other


0 %


 


See Note 2




0305.4110


--- Pacific salmon, whole


6 %


0


 




0305.4120


--- Pacific salmon, headed and gutted (‘HG’)


6 %


0


 




0305.4130


--- Fillets of Pacific Salmon


6 %


0


 




0305.4140


--- Atlantic salmon and Danube salmon, whole


6 %


0


 




0305.4150


--- Atlantic salmon and Danube salmon, headed and gutted (‘HG’)


6 %


0


 




0305.4160


--- Fillets of Atlantic salmon and Danube Salmon


6 %


0


 




0305.4170


--- Pacific salmon, headed, gutted and without tail (‘HGT’)


6 %


0


 




0305.4180


--- Atlantic and Danube salmon, headed, gutted and without tail (‘HGT’)


6 %


0


 




0305.4190


--- Other


6 %


0


 




0305.4200


-- Herrings (Clupea harengus, Clupea pallasii)


0 %


 


See Note 2




0305.4310


--- Whole


0 %


 


See Note 2




0305.4320


--- Headed and gutted (‘HG’)


0 %


 


See Note 2




0305.4330


--- Fillets


0 %


 


See Note 2




0305.4390


--- Other


0 %


 


See Note 2




0305.4400


-- Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


0 %


 


See Note 2




0305.4900


-- Other


0 %


 


See Note 2




0305.5100


-- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)


0 %


 


See Note 2




0305.5200


-- Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


0 %


 


See Note 2




0305.5300


-- Fish of the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae, other than cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)


0 %


 


See Note 2




0305.5400


-- Herrings (Clupea harengus, Clupea pallasii), anchovies (Engraulis spp.), sardines (Sardina pilchardus, Sardinops spp.), sardinella (Sardinella spp.), brisling or sprats (Sprattus sprattus), mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus), Indian mackerels (Rastrelliger spp.), seerfishes (Scomberomorus spp.), jack and horse mackerel (Trachurus spp.), jacks, crevalles (Caranx spp.), cobia (Rachycentron canadum), silver pomfrets (Pampus spp.), Pacific saury (Cololabis saira), scads (Decapterus spp.), capelin (Mallotus villosus), swordfish (Xiphias gladius), Kawakawa (Euthynnus affinis), bonitos (Sarda spp.), marlins, sailfishes, spearfish (Istiophoridae)


0 %


 


See Note 2




0305.5920


--- Pacific salmon cuts


0 %


 


See Note 2




0305.5930


--- Atlantic salmon cuts


0 %


 


See Note 2




0305.5940


--- Danube salmon cuts


0 %


 


See Note 2




0305.5950


--- Trout cuts


0 %


 


See Note 2




0305.5990


--- Other


0 %


 


See Note 2




0305.6100


-- Herrings (Clupea harengus, Clupea pallasii)


0 %


 


See Note 2




0305.6200


-- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)


0 %


 


See Note 2




0305.6300


-- Anchovies (Engraulis spp.)


0 %


 


See Note 2




0305.6400


-- Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


0 %


 


See Note 2




0305.6911


---- Salted fillets


0 %


 


See Note 2




0305.6912


---- Fillets in brine


0 %


 


See Note 2




0305.6913


---- Salted medallions (slices, ‘steak’)


0 %


 


See Note 2




0305.6914


---- Medallions (slices, ‘steak’) in brine


0 %


 


See Note 2




0305.6915


---- Other salted portions or cuts


0 %


 


See Note 2




0305.6916


---- Other portions or cuts in brine


0 %


 


See Note 2




0305.6919


---- Other


0 %


 


See Note 2




0305.6921


---- Salted fillets


0 %


 


See Note 2




0305.6922


---- Fillets in brine


0 %


 


See Note 2




0305.6923


---- Salted medallions (slices, ‘steak’)


0 %


 


See Note 2




0305.6924


---- Medallions (slices, ‘steak’) in brine


0 %


 


See Note 2




0305.6925


---- Other salted portions or cuts


0 %


 


See Note 2




0305.6926


---- Other portions or cuts in brine


0 %


 


See Note 2




0305.6929


---- Other


0 %


 


See Note 2




0305.6990


--- Other


0 %


 


See Note 2




0305.7111


---- Of Oceanic whitetip sharks (Carcharhinus longimanus)


0 %


 


See Note 2




0305.7112


---- Of Blue shark (Prionace glauca)


0 %


 


See Note 2




0305.7113


---- Of Galapagos sharks / Mango (Carcharhinus galapagensis)


0 %


 


See Note 2




0305.7114


---- Of Scalloped hammerhead sharks (Sphyrna lewini)


0 %


 


See Note 2




0305.7115


---- Of Giant Hammerhead sharks (Sphyrna mokarran)


0 %


 


See Note 2




0305.7116


---- Of Smooth hammerhead sharks (Sphyrna zygaena)


0 %


 


See Note 2




0305.7117


---- Of Speckled smooth-hound (Mustelus mento)


0 %


 


See Note 2




0305.7119


---- Others


0 %


 


See Note 2




0305.7121


---- Of Smokers sharks, gray sharks or sea cats (Hexanchus griseus)


0 %


 


See Note 2




0305.7122


---- Of Birdbeak Dogfish (Deania calcea)


0 %


 


See Note 2




0305.7123


---- Of Spiny dogfish (Squalus acanthias)


0 %


 


See Note 2




0305.7124


---- Of Sawfishes (Pristidae)


0 %


 


See Note 2




0305.7129


---- Others


0 %


 


See Note 2




0305.7131


---- Of Whale sharks (Rhincodon typus)


0 %


 


See Note 2




0305.7132


---- Of Basking sharks (Cetorhinus maximus)


0 %


 


See Note 2




0305.7139


---- Others


0 %


 


See Note 2




0305.7141


---- Of Thresher shark (Alopias vulpinus)


0 %


 


See Note 2




0305.7142


---- Of White sharks (Carcharodon carcharias)


0 %


 


See Note 2




0305.7143


---- Of Shortfin mako shark (Isurus oxyrinchus)


0 %


 


See Note 2




0305.7144


---- Of Porbeagle sharks (Lamna nasus)


0 %


 


See Note 2




0305.7149


---- Others


0 %


 


See Note 2




0305.7190


--- Others


0 %


 


See Note 2




0305.7200


-- Fish heads, tails and maws


6 %


0


 




0305.7910


--- Rajidae Ray's fins


0 %


 


See Note 2




0305.7920


--- Mobulidae Manta ray's fins


0 %


 


See Note 2




0305.7990


--- Other


6 %


0


 




0306.1110


--- Easter Island lobster (Panulirus pascuensis)


0 %


 


See Note 2




0306.1120


--- Juan Fernández lobster (Jasus frontalis)


0 %


 


See Note 2




0306.1130


--- Dwarf lobster (Projasus bahamondei)


0 %


 


See Note 2




0306.1190


--- Other


0 %


 


See Note 2




0306.1200


-- Lobsters (Homarus spp.)


0 %


 


See Note 2




0306.1410


--- Crabs (Cancer porteri, Metacarcinus edwardsii (ex Cancer edwarsii), Homalaspis plana, Taliepus dentatus, Romaleon setosus, Cancer plebejus, Ovalipes trimaculatus)


0 %


 


See Note 2




0306.1421


---- King crab (Lithodes santolla (ex antarcticus))


0 %


 


See Note 2




0306.1422


---- King crab (Lithodes spp.)


0 %


 


See Note 2




0306.1423


---- Snow crab or Tuberculate king crab (Paralomis granulosa)


0 %


 


See Note 2




0306.1424


---- Snow crab (Paralomis spp.)


0 %


 


See Note 2




0306.1429


---- Other


0 %


 


See Note 2




0306.1490


--- Other


0 %


 


See Note 2




0306.1500


-- Norway lobsters (Nephrops norvegicus)


0 %


 


See Note 2




0306.1600


-- Cold-water shrimps and prawns (Pandalus spp., Crangon crangon)


0 %


 


See Note 2




0306.1711


---- Nylon shrimp (Heterocarpus reedi)


0 %


 


See Note 2




0306.1712


---- Ecuadorian shrimp (Penaeus vannamei)


0 %


 


See Note 2




0306.1713


---- Northern chilean shrimp (Cryphiops caementarius)


0 %


 


See Note 2




0306.1719


---- Other


0 %


 


See Note 2




0306.1721


---- Yellow langoustine (Cervimunida johni)


0 %


 


See Note 2




0306.1722


---- Red langoustines (Pleurocondes monodon)


0 %


 


See Note 2




0306.1729


---- Other


0 %


 


See Note 2




0306.1791


---- Prawn (Haliporoides diomedeae)


0 %


 


See Note 2




0306.1799


---- Other


0 %


 


See Note 2




0306.1930


--- Flour, meals and ‘pellets’ of crustaceans shell


0 %


 


See Note 2




0306.1990


--- Other


0 %


 


See Note 2




0306.3110


--- Easter Island lobster (Panulirus pascuensis)


0 %


 


See Note 2




0306.3120


--- Juan Fernández lobster (Jasus frontalis)


0 %


 


See Note 2




0306.3130


--- Dwarf lobster (Projasus bahamondei)


0 %


 


See Note 2




0306.3190


--- Others


0 %


 


See Note 2




0306.3200


-- Lobsters (Homarus spp.)


0 %


 


See Note 2




0306.3310


--- Crabs (Cancer porteri, Metacarcinus edwardsii (ex Cancer edwarsii), Homalaspis plana, Taliepus dentatus, Romaleon setosus, Cancer plebejus, Ovalipes trimaculatus)


0 %


 


See Note 2




0306.3321


---- King crab (Lithodes santolla (ex antarcticus))


0 %


 


See Note 2




0306.3322


---- King crab (Lithodes spp.)


0 %


 


See Note 2




0306.3323


---- Snow crab (Paralomis granulosa)


0 %


 


See Note 2




0306.3324


---- Snow crab (Paralomis spp.)


0 %


 


See Note 2




0306.3329


---- Others


0 %


 


See Note 2




0306.3390


--- Others


0 %


 


See Note 2




0306.3400


-- Norway lobsters (Nephrops norvegicus)


0 %


 


See Note 2




0306.3510


--- Shrimps


0 %


 


See Note 2




0306.3520


--- Langoustines


0 %


 


See Note 2




0306.3590


--- Others


0 %


 


See Note 2




0306.3611


---- Nylon shrimp (Heterocarpus reedi)


0 %


 


See Note 2




0306.3612


---- Ecuadorian shrimp (Penaeus vannamei)


0 %


 


See Note 2




0306.3613


---- Northern chilean shrimp (Cryphiops caementarius)


0 %


 


See Note 2




0306.3619


---- Others


0 %


 


See Note 2




0306.3621


---- Yellow langoustine (Cervimunida johni)


0 %


 


See Note 2




0306.3622


---- Red langoustines (Pleurocondes monodon)


0 %


 


See Note 2




0306.3629


---- Others


0 %


 


See Note 2




0306.3691


---- Prawn (Haliporoides diomedeae)


0 %


 


See Note 2




0306.3699


---- Others


0 %


 


See Note 2




0306.3930


--- Flours, meals and pellets of crustaceans


0 %


 


See Note 2




0306.3990


--- Others


0 %


 


See Note 2




0306.9100


-- Rock lobster and other sea crawfish (Palinurus spp., Panulirus spp., Jasus spp.)


0 %


 


See Note 2




0306.9200


-- Lobsters (Homarus spp.)


0 %


 


See Note 2




0306.9300


-- Crabs


0 %


 


See Note 2




0306.9400


-- Norway lobsters (Nephrops norvegicus)


0 %


 


See Note 2




0306.9500


-- Shrimps and prawns


0 %


 


See Note 2




0306.9900


-- Other, including flours, meals and pellets of crustaceans, fit for human consumption


0 %


 


See Note 2




0307.1110


--- Chilean oyster (Ostrea chilensis)


0 %


 


See Note 2




0307.1120


--- Pacific Oyster (Crassostrea gigas)


0 %


 


See Note 2




0307.1190


--- Other


0 %


 


See Note 2




0307.1210


--- Chilean oyster (Ostrea chilensis)


0 %


 


See Note 2




0307.1220


--- Pacific Oyster (Crassostrea gigas)


0 %


 


See Note 2




0307.1290


--- Others


0 %


 


See Note 2




0307.1900


-- Other


0 %


 


See Note 2




0307.2110


--- Coquille de Saint Jacques, scallop (Argopecten purpuratus)


0 %


 


See Note 2




0307.2120


--- Patagonian Scallop (Chlamys patagónica)


0 %


 


See Note 2




0307.2190


--- Other


0 %


 


See Note 2




0307.2210


--- Coquille de Saint Jacques, scallop (Argopecten purpuratus)


0 %


 


See Note 2




0307.2220


--- Patagonian Scallop (Chlamys patagónica)


0 %


 


See Note 2




0307.2290


--- Others


0 %


 


See Note 2




0307.2910


--- Coquille de Saint Jacques, scallop (Argopecten purpuratus)


0 %


 


See Note 2




0307.2920


--- Patagonian Scallop (Chlamys patagónica)


0 %


 


See Note 2




0307.2990


--- Others


0 %


 


See Note 2




0307.3100


-- Live, fresh or chilled


0 %


 


See Note 2




0307.3200


-- Frozen


0 %


 


See Note 2




0307.3900


-- Other


0 %


 


See Note 2




0307.4210


--- Cuttlefish (Sepia officinalis and Rossia macrosoma) and squid (Sepiola spp.)


0 %


 


See Note 2




0307.4220


--- Squid (Ommastrephes spp. Loligo spp. Nototodarus spp., Sepioteithis spp.)


0 %


 


See Note 2




0307.4290


--- Other


0 %


 


See Note 2




0307.4310


--- Squid (Ommastrephes spp.)


0 %


 


See Note 2




0307.4320


--- Fillet of cuttlefish wings or red squid (Dosidicus gigas)


0 %


 


See Note 2




0307.4330


--- Cuttlefish wings or red squid (Dosidicus gigas)


0 %


 


See Note 2




0307.4340


--- Tubes or pods of cuttlefish or red squid (Dosidicus gigas)


0 %


 


See Note 2




0307.4390


--- Others


0 %


 


See Note 2




0307.4900


-- Other


0 %


 


See Note 2




0307.5110


--- Octopus (Octopus mimus)


0 %


 


See Note 2




0307.5120


--- Southern blue-ringed octopus or red octopus (Enteroctopus megalocyathus)


0 %


 


See Note 2




0307.5190


--- Other


0 %


 


See Note 2




0307.5210


--- Octopus (Octopus mimus)


0 %


 


See Note 2




0307.5220


--- Southern blue-ringed octopus or red octopus (Enteroctopus megalocyathus)


0 %


 


See Note 2




0307.5290


--- Others


0 %


 


See Note 2




0307.5900


-- Other


0 %


 


See Note 2




0307.6000


- Snails, other than sea snails


0 %


 


See Note 2




0307.7110


--- Clams and hard shell clams (Protothaca thaca) (Ameghinomya antiqua)


0 %


 


See Note 2




0307.7120


--- Sea asparagus (Ensis macha)


0 %


 


See Note 2




0307.7190


--- Other


0 %


 


See Note 2




0307.7211


---- Protothaca thaca, Ameghinomya antiqua



0 %


 


See Note 2




0307.7212


---- Juliana or Taweras (Tawera gayi)


0 %


 


See Note 2




0307.7213


---- Razor clam (Mesodesma donacium)


0 %


 


See Note 2




0307.7214


---- Chilean semele (Semele solida)


0 %


 


See Note 2




0307.7215


---- Sea asparagus (Ensis macha)


0 %


 


See Note 2




0307.7216


---- Hard razor clam, sea petal (Tagelus dombeii)


0 %


 


See Note 2




0307.7219


---- Others


0 %


 


See Note 2




0307.7290


--- Others


0 %


 


See Note 2




0307.7900


-- Other


0 %


 


See Note 2




0307.8110


--- Ezo Awabi or green abalone (Haliotis discus hannai)


0 %


 


See Note 2




0307.8190


--- Other


0 %


 


See Note 2




0307.8200


-- Live, fresh or chilled stromboid conchs (Strombus spp.)


0 %


 


See Note 2




0307.8310


--- Red abalon (Haliotis rufescens)


0 %


 


See Note 2




0307.8320


--- Ezo Awabi or green abalone (Haliotis discus hannai)


0 %


 


See Note 2




0307.8390


--- Others


0 %


 


See Note 2




0307.8400


-- Frozen stromboid conchs (Strombus spp.)


0 %


 


See Note 2




0307.8700


-- Other abalone (Haliotis spp.)


0 %


 


See Note 2




0307.8800


-- Other stromboid conchs (Strombus spp.)


0 %


 


See Note 2




0307.9130


--- Chilean abalone or false abalone (Concholepas concholepas)


0 %


 


See Note 2




0307.9190


--- Other


0 %


 


See Note 2




0307.9210


--- Chilean abalone or false abalone (Concholepas concholepas)


0 %


 


See Note 2




0307.9221


---- Giant snails (Zidona dufresnei)


0 %


 


See Note 2




0307.9222


---- Trophon top shell, south top shell (Trophon gervesianus)


0 %


 


See Note 2




0307.9223


---- Chilean Triton (Argobuccinum spp.)


0 %


 


See Note 2




0307.9224


---- Black top shell (Thais chocolata)


0 %


 


See Note 2




0307.9229


---- Others


0 %


 


See Note 2




0307.9230


--- Limpets (Fissurella spp.)


0 %


 


See Note 2




0307.9290


--- Others


0 %


 


See Note 2




0307.9900


-- Other


0 %


 


See Note 2




0308.1100


-- Live, fresh or chilled


0 %


 


See Note 2




0308.1200


-- Frozen


0 %


 


See Note 2




0308.1900


-- Other


0 %


 


See Note 2




0308.2110


--- Tongues (gonads) of the sea urchin (Loxechinus albus)


0 %


 


See Note 2




0308.2190


--- Other


0 %


 


See Note 2




0308.2210


--- Tongues (gonads) of the sea urchin (Loxechinus albus)


0 %


 


See Note 2




0308.2290


---- Others


0 %


 


See Note 2




0308.2900


-- Other


0 %


 


See Note 2




0308.3000


- Jellyfish (Rhopilema spp.)


0 %


 


See Note 2




0308.9000


- Other


0 %


 


See Note 2




0401.1000


- Of a fat content, by weight, not exceeding 1 %


6 %


7


 




0401.2000


- Of a fat content, by weight, exceeding 1 % but not exceeding 6 %


6 %


7


 




0401.4000


- Of a fat content, by weight, exceeding 6 % but not exceeding 10 %


6 %


7


 




0401.5010


-- Of a fat content, exceeding 10 % by weight, but not exceeding 12 %


6 %


7


 




0401.5020


-- Of a fat content equal to 12 % by weight:


6 %


7


 




0401.5030


-- Of a fat content, exceeding 12 % by weight, but not exceeding 26 %


6 %


7


 




0401.5040


- Of a fat content, equal to 26 % by weight


6 %


7


 




0401.5090


-- Other


6 %


7


 




0402.1000


- In powder, granules or other solid forms, of a fat content, by weight, not exceeding 1,5  %


6 %


7


 




0402.2111


---- Of a fat content exceeding 1,5  % but not exceeding 6 %, by weight


6 %


7


 




0402.2112


---- Of a fat content exceeding 6 % but not exceeding 12 %, by weight


6 %


7


 




0402.2113


---- Of a fat content of 12 %, by weight


6 %


7


 




0402.2114


---- Of a fat content exceeding 12 % but not exceeding 18 %, by weight


6 %


7


 




0402.2115


---- Of a fat content of 18 %, by weight


6 %


7


 




0402.2116


---- Of a fat content exceeding 18 % but not exceeding 24 %, by weight


6 %


7


 




0402.2117


---- Of a fat content exceeding 24 % but not exceeding 26 %, by weight


6 %


7


 




0402.2118


---- Of a fat content of 26 % and more, by weight


6 %


7


 




0402.2120


--- Cream


6 %


7


 




0402.2911


---- Of a fat content exceeding 1,5  % but not exceeding 6 %, by weight


6 %


7


 




0402.2912


---- Of a fat content exceeding 6 % but not exceeding 12 %, by weight


6 %


7


 




0402.2913


---- Of a fat content of 12 %, by weight


6 %


7


 




0402.2914


---- Of a fat content exceeding 12 % but not exceeding 18 %, by weight


6 %


7


 




0402.2915


---- Of a fat content of 18 %, by weight


6 %


7


 




0402.2916


---- Of a fat content exceeding 18 % but not exceeding 24 %, by weight


6 %


7


 




0402.2917


---- Of a fat content exceeding 24 % but not exceeding 26 %, by weight


6 %


7


 




0402.2918


---- Of a fat content of 26 % and more, by weight


6 %


7


 




0402.2920


--- Cream


6 %


7


 




0402.9110


--- Milk, whether in liquid or semi-solid form


6 %


7


 




0402.9120


--- Cream


6 %


7


 




0402.9910


--- Condensed milk


6 %


7


 




0402.9990


--- Other


6 %


7


 




0403.1010


-- Containing added fruit


6 %


7


 




0403.1020


-- Containing added cereal


6 %


7


 




0403.1090


-- Other


6 %


7


 




0403.9000


- Other


6 %


7


 




0404.1000


- Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter


6 %


7


 




0404.9000


- Other


6 %


7


 




0405.1000


- Butter


6 %


7


 




0405.2000


- Dairy spreads


6 %


7


 




0405.9000


- Other


6 %


7


 




0406.1010


-- Fresh (unripened or uncured) cheese


6 %


7*


TRQ-Cheese




0406.1020


-- Cream cheese


6 %


7*


TRQ-Cheese




0406.1030


-- Mozzarella cheese


6 %


7*


TRQ-Cheese




0406.1090


-- Other


6 %


7*


TRQ-Cheese




0406.2000


- Grated or powdered cheese, of all kinds


6 %


7*


TRQ-Cheese




0406.3000


- Processed cheese, not grated or powdered


6 %


7*


TRQ-Cheese




0406.4000


- Blue-veined cheese and other cheese containing veins produced by Penicillium roqueforti



6 %


7*


TRQ-Cheese




0406.9010


-- Gouda and Gouda-type cheese


6 %


7*


TRQ-Cheese




0406.9020


-- Cheddar and Cheddar-type cheese


6 %


7*


TRQ-Cheese




0406.9030


-- Edam and Edam-type cheese


6 %


7*


TRQ-Cheese




0406.9040


-- Parmesan and Parmesan-type cheese


6 %


7*


TRQ-Cheese




0406.9090


-- Other


6 %


7*


TRQ-Cheese




0407.1100


-- Of fowls of the species Gallus domesticus



0 %


 


See Note 2




0407.1900


-- Other


0 %


 


See Note 2




0407.2100


-- Of fowls of the species Gallus domesticus



0 %


 


See Note 2




0407.2900


-- Other


0 %


 


See Note 2




0407.9000


- Others


0 %


 


See Note 2




0408.1100


-- Dried


0 %


 


See Note 2




0408.1900


-- Other


0 %


 


See Note 2




0408.9100


-- Dried


0 %


 


See Note 2




0408.9900


-- Other


0 %


 


See Note 2




0409.0010


- Organic


0 %


 


See Note 2




0409.0090


- Other


0 %


 


See Note 2




0410.0011


-- Organic


0 %


 


See Note 2




0410.0019


-- Others


0 %


 


See Note 2




0410.0021


-- Organic


0 %


 


See Note 2




0410.0029


-- Others


0 %


 


See Note 2




0410.0031


-- Organic


0 %


 


See Note 2




0410.0039


-- Others


0 %


 


See Note 2




0410.0090


- Others


0 %


 


See Note 2




1001.1100


-- Seed


0 %


 


See Note 2




1001.1900


-- Other


0 %


 


See Note 2




1001.9100


-- Seed


6 % + PBS


0


 




1001.9911


---- Of a humid gluten content higher or equal to 30 %, by weight


6 % + PBS


0


 




1001.9912


---- Of a humid gluten content higher or equal to 25 %, but lower than 30 %, by weight


6 % + PBS


0


 




1001.9913


---- Of a humid gluten content higher or equal to 18 %, but lower than 25 %, by weight


6 % + PBS


0


 




1001.9919


---- Other


6 % + PBS


0


 




1001.9921


---- Of a humid gluten content higher or equal to 30 %, by weight


6 % + PBS


0


 




1001.9922


---- Of a humid gluten content higher or equal to 25 %, but lower than 30 %, by weight


6 % + PBS


0


 




1001.9923


---- Of a humid gluten content higher or equal to 18 %, but lower than 25 %, by weight


6 % + PBS


0


 




1001.9929


---- Other


6 % + PBS


0


 




1001.9931


---- Of a humid gluten content higher or equal to 30 %, by weight


6 % + PBS


0


 




1001.9932


---- Of a humid gluten content higher or equal to 25 %, but lower than 30 %, by weight


6 % + PBS


0


 




1001.9933


---- Of a humid gluten content higher or equal to 18 %, but lower than 25 %, by weight


6 % + PBS


0


 




1001.9939


---- Other


6 % + PBS


0


 




1001.9941


---- Of a humid gluten content higher or equal to 30 %, by weight


6 % + PBS


0


 




1001.9942


---- Of a humid gluten content higher or equal to 25 %, but lower than 30 %, by weight


6 % + PBS


0


 




1001.9943


---- Of a humid gluten content higher or equal to 18 %, but lower than 25 %, by weight


6 % + PBS


0


 




1001.9949


---- Other


6 % + PBS


0


 




1001.9951


---- Of a humid gluten content higher or equal to 30 %, by weight


6 % + PBS


0


 




1001.9952


---- Of a humid gluten content higher or equal to 25 %, but lower than 30 %, by weight


6 % + PBS


0


 




1001.9953


---- Of a humid gluten content higher or equal to 18 %, but lower than 25 %, by weight


6 % + PBS


0


 




1001.9959


---- Other


6 % + PBS


0


 




1001.9961


---- Of a humid gluten content higher or equal to 30 %, by weight


6 % + PBS


0


 




1001.9962


---- Of a humid gluten content higher or equal to 25 %, but lower than 30 %, by weight


6 % + PBS


0


 




1001.9963


---- Of a humid gluten content higher or equal to 18 %, but lower than 25 %, by weight


6 % + PBS


0


 




1001.9969


---- Other


6 % + PBS


0


 




1001.9971


---- Of a humid gluten content higher or equal to 30 %, by weight


6 % + PBS


0


 




1001.9972


---- Of a humid gluten content higher or equal to 25 %, but lower than 30 %, by weight


6 % + PBS


0


 




1001.9973


---- Of a humid gluten content higher or equal to 18 %, but lower than 25 %, by weight


6 % + PBS


0


 




1001.9979


---- Other


6 % + PBS


0


 




1001.9991


---- Of a humid gluten content higher or equal to 30 %, by weight


6 % + PBS


0


 




1001.9992


---- Of a humid gluten higher content or equal to 25 %, but lower than 30 %, by weight


6 % + PBS


0


 




1001.9993


---- Of a humid gluten content higher or equal to 18 %, but lower than 25 %, by weight


6 % + PBS


0


 




1001.9999


---- Other


6 % + PBS


0


 




1002.1000


- Seed


0 %


 


See Note 2




1002.9010


-- For consumption


0 %


 


See Note 2




1002.9090


-- Others


0 %


 


See Note 2




1003.1000


- Seed


0 %


 


See Note 2




1003.9010


-- For consumption


0 %


 


See Note 2




1003.9090


-- Others


0 %


 


See Note 2




1004.1000


- Seed


0 %


 


See Note 2




1004.9000


- Others


0 %


 


See Note 2




1005.1010


-- Hybrids


0 %


 


See Note 2




1005.1090


-- Others


0 %


 


See Note 2




1005.9010


-- For research and testing


0 %


 


See Note 2




1005.9020


-- For consumption


0 %


 


See Note 2




1005.9090


-- Others


0 %


 


See Note 2




1006.1010


-- For sowing


0 %


 


See Note 2




1006.1090


-- Others


0 %


 


See Note 2




1006.2000


- Husked (brown) rice


0 %


 


See Note 2




1006.3010


-- Containing 5 % or less by weight of broken grains


0 %


 


See Note 2




1006.3020


-- Containing more than 5 % but not more than 15 %, by weight, of broken grains


0 %


 


See Note 2




1006.3090


-- Others


0 %


 


See Note 2




1006.4000


- Broken rice


0 %


 


See Note 2




1007.1000


- Seed


0 %


 


See Note 2




1007.9010


-- For consumption


0 %


 


See Note 2




1007.9090


-- Other


0 %


 


See Note 2




1008.1000


- Buckwheat


0 %


 


See Note 2




1008.2100


-- Seed


0 %


 


See Note 2




1008.2900


-- Other


0 %


 


See Note 2




1008.3000


- Canary seeds


0 %


 


See Note 2




1008.4000


- Fonio (Digitaria spp.)


0 %


 


See Note 2




1008.5010


-- Organic


0 %


 


See Note 2




1008.5090


-- Other


0 %


 


See Note 2




1008.6000


- Triticale


0 %


 


See Note 2




1008.9000


- Other cereals


0 %


 


See Note 2




1101.0000


Wheat or meslin flour.


6 % + PBS


0


 




1102.2000


- Maize (corn) flour


0 %


 


See Note 2




1102.9000


- Other


0 %


 


See Note 2




1103.1100


-- Of wheat


6 %


3


 




1103.1300


-- Of maize (corn)


0 %


 


See Note 2




1103.1900


-- Of other cereals


0 %


 


See Note 2




1103.2000


- Pellets


6 %


0


 




1104.1200


-- Of oats


0 %


 


See Note 2




1104.1900


-- Of other cereals


0 %


 


See Note 2




1104.2210


--- Hulled


0 %


 


See Note 2




1104.2290


--- Other


0 %


 


See Note 2




1104.2300


-- Of maize (corn)


0 %


 


See Note 2




1104.2900


-- Of other cereals


0 %


 


See Note 2




1104.3000


- Germ of cereals, whole, rolled, flaked or ground


0 %


 


See Note 2




1105.1000


- Flour, meal and powder


0 %


 


See Note 2




1105.2000


- Flakes, granules and pellets


0 %


 


See Note 2




1106.1000


- Of the dried leguminous vegetables of heading 07.13


0 %


 


See Note 2




1106.2000


- Of sago or of roots or tubers of heading 07.14


0 %


 


See Note 2




1106.3000


- Of the products of Chapter 8


0 %


 


See Note 2




1107.1000


- Not roasted


0 %


 


See Note 2




1107.2000


- Roasted


0 %


 


See Note 2




1108.1100


-- Wheat starch


0 %


 


See Note 2




1108.1200


-- Maize (corn) starch


0 %


 


See Note 2




1108.1300


-- Potato starch


0 %


 


See Note 2




1108.1400


-- Manioc (cassava) starch


0 %


 


See Note 2




1108.1900


-- Other starches


0 %


 


See Note 2




1108.2000


- Inulin


0 %


 


See Note 2




1109.0000


Wheat gluten, whether or not dried.


0 %


 


See Note 2




1201.1000


- Seed


0 %


 


See Note 2




1201.9000


- Other


0 %


 


See Note 2




1202.3000


- Seed


0 %


 


See Note 2




1202.4100


-- In Shell


0 %


 


See Note 2




1202.4200


-- Shelled, whether or not broken


0 %


 


See Note 2




1203.0000


Copra.


0 %


 


See Note 2




1204.0010


- For sowing


0 %


 


See Note 2




1204.0090


- Other


0 %


 


See Note 2




1205.1010


-- For sowing


0 %


 


See Note 2




1205.1090


-- Others


0 %


 


See Note 2




1205.9010


-- For sowing


0 %


 


See Note 2




1205.9090


-- Other


0 %


 


See Note 2




1206.0010


- For sowing


0 %


 


See Note 2




1206.0090


- Other


0 %


 


See Note 2




1207.1000


- Palm nuts and kernels


0 %


 


See Note 2




1207.2100


-- Seed


0 %


 


See Note 2




1207.2900


-- Others


0 %


 


See Note 2




1207.3010


-- Seed


0 %


 


See Note 2




1207.3090


-- Others


0 %


 


See Note 2




1207.4010


-- Seed


0 %


 


See Note 2




1207.4090


-- Others


0 %


 


See Note 2




1207.5010


-- Seed


0 %


 


See Note 2




1207.5090


-- Others


0 %


 


See Note 2




1207.6010


-- Seed


0 %


 


See Note 2




1207.6090


-- Others


0 %


 


See Note 2




1207.7010


-- Seed


0 %


 


See Note 2




1207.7090


-- Others


0 %


 


See Note 2




1207.9110


--- Seed


0 %


 


See Note 2




1207.9190


--- Others


0 %


 


See Note 2




1207.9900


-- Other


0 %


 


See Note 2




1208.1000


- Of soya beans


0 %


 


See Note 2




1208.9000


- Other


0 %


 


See Note 2




1209.1000


- Sugar beet seeds


0 %


 


See Note 2




1209.2100


-- Lucerne (alfalfa) seeds


0 %


 


See Note 2




1209.2210


--- Red clover (Trifolium pratense)


0 %


 


See Note 2




1209.2220


--- Crimson clover (Trifolium incarnatum L.)


0 %


 


See Note 2




1209.2230


--- White clover (Trifolium repens L.)


0 %


 


See Note 2




1209.2290


--- Others


0 %


 


See Note 2




1209.2300


-- Fescue seeds


0 %


 


See Note 2




1209.2400


-- Kentucky blue grass (Poa pratensis L.) seeds


0 %


 


See Note 2




1209.2500


-- Rye grass (Lolium multiflorum Lam., Lolium perenne L.) seeds


0 %


 


See Note 2




1209.2910


-- Lupine (Lupinus spp.)


0 %


 


See Note 2




1209.2920


--- Orchardgrass (Dactylis glomerata)


0 %


 


See Note 2




1209.2930


--- Sweet clover (Melilotus spp.)


0 %


 


See Note 2




1209.2940


--- Vicia (Vicia spp.)


0 %


 


See Note 2




1209.2990


--- Others


0 %


 


See Note 2




1209.3010


-- Hibiscus (Hibiscus esculentus)


0 %


 


See Note 2




1209.3090


-- Others


0 %


 


See Note 2




1209.9111


---- Chard (Beta vulgaris var. Cicla)


0 %


 


See Note 2




1209.9112


---- Beetroot (Beta vulgaris var. Conditiva)


0 %


 


See Note 2




1209.9113


---- Spinach (Spinacea oleracea)


0 %


 


See Note 2




1209.9119


---- Others


0 %


 


See Note 2




1209.9121


---- Chicory (Cichorium intybus sativa)


0 %


 


See Note 2




1209.9122


---- Artichoke (Cynara scolymus)


0 %


 


See Note 2




1209.9123


---- Endive (Cichorium intybus L.)


0 %


 


See Note 2




1209.9124


---- Lettuce (Lactuca sativa)


0 %


 


See Note 2




1209.9125


---- Radicchio (Cicchorium intybus foliosum)


0 %


 


See Note 2




1209.9129


---- Others


0 %


 


See Note 2




1209.9131


---- Broccoli (Brassica oleracea var. italica)


0 %


 


See Note 2




1209.9132


---- Cauliflower (Brassica oleracea var. botrytis)


0 %


 


See Note 2




1209.9133


---- Kohlrabi (Brassica oleracea gongyloides)


0 %


 


See Note 2




1209.9134


---- Radish (Raphanus sativus)


0 %


 


See Note 2




1209.9135


---- Cabbage (Brassica oleracea var. capitata)


0 %


 


See Note 2




1209.9136


---- Arugula (Eruca sativa)


0 %


 


See Note 2




1209.9139


---- Others


0 %


 


See Note 2




1209.9141


---- Alcayota (Cucurbita ficifolia)


0 %


 


See Note 2




1209.9142


---- Zucchini (Italian pumpkin) (Cucurbita pepo var. medullosa)


0 %


 


See Note 2




1209.9144


---- Cucumber (Cucumis sativus)


0 %


 


See Note 2




1209.9145


---- Watermelon (Citrullus lanatus)


0 %


 


See Note 2




1209.9146


---- Other pumpkins and zucchinis (Cucurbita spp.)


0 %


 


See Note 2




1209.9149


---- Others


0 %


 


See Note 2




1209.9151


---- Garlic (Allium sativum)


0 %


 


See Note 2




1209.9152


---- Bunching (Allium fistulossum)


0 %


 


See Note 2




1209.9153


---- Onion (Allium cepa)


0 %


 


See Note 2




1209.9154


---- Asparagus (Asparagus officinalis)


0 %


 


See Note 2




1209.9155


---- Leek (Allium porrum)


0 %


 


See Note 2




1209.9159


---- Others


0 %


 


See Note 2




1209.9161


---- Chili (Capsicum frutescens)


0 %


 


See Note 2




1209.9162


---- Eggplant (Solanum melongena)


0 %


 


See Note 2




1209.9163


---- Pepper (Capsicum annuum)


0 %


 


See Note 2




1209.9164


---- Tobacco (Nicotiana tabacum L.)


0 %


 


See Note 2




1209.9165


---- Tomato (Lycopersicum esculentum)


0 %


 


See Note 2




1209.9169


---- Others


0 %


 


See Note 2




1209.9171


---- Celery (Apium graveolens)


0 %


 


See Note 2




1209.9172


---- Fennel (Foeniculum vulgare)


0 %


 


See Note 2




1209.9173


---- Parsley (Petroselinum crispum)


0 %


 


See Note 2




1209.9174


---- Carrot (Daucus carota)


0 %


 


See Note 2




1209.9179


---- Others


0 %


 


See Note 2




1209.9181


---- Basil (Ocimum basilicum)


0 %


 


See Note 2




1209.9182


---- Rosemary (Rosmarinus officinalis)


0 %


 


See Note 2




1209.9189


---- Others


0 %


 


See Note 2




1209.9190


--- Others


0 %


 


See Note 2




1209.9911


---- Pine (Pinus spp.)


0 %


 


See Note 2




1209.9919


---- Others


0 %


 


See Note 2




1209.9990


--- Others


0 %


 


See Note 2




1210.1000


- Hop cones, neither ground nor powdered nor in the form of pellets


0 %


 


See Note 2




1210.2000


- Hop cones, ground, powdered or in the form of pellets; lupulin


0 %


 


See Note 2




1211.2000


- Ginseng roots


0 %


 


See Note 2




1211.3000


- Coca leaf


0 %


 


See Note 2




1211.4000


- Poppy straw


0 %


 


See Note 2




1211.5000


- Ephedra


0 %


 


See Note 2




1211.9011


--- Leaves of organic boldo


0 %


 


See Note 2




1211.9019


--- Other


0 %


 


See Note 2




1211.9020


-- Oregano


0 %


 


See Note 2




1211.9030


-- Ergot of rye (Claviceps purpurea)


0 %


 


See Note 2




1211.9040


-- Leaves of stevia (Stevia rebaudiana)


0 %


 


See Note 2




1211.9050


-- St. John's Wort (Hypericum perforatum)


0 %


 


See Note 2




1211.9061


--- Organic


0 %


 


See Note 2




1211.9069


--- Other


0 %


 


See Note 2




1211.9071


--- Seeds and barren seeds


0 %


 


See Note 2




1211.9072


--- Husk


0 %


 


See Note 2




1211.9079


--- Other


0 %


 


See Note 2




1211.9081


--- Seeds and barren seeds


0 %


 


See Note 2




1211.9082


--- Husk


0 %


 


See Note 2




1211.9083


--- Flowers and leaves


0 %


 


See Note 2




1211.9089


--- Other


0 %


 


See Note 2




1211.9092


--- Organic maqui leaves


0 %


 


See Note 2




1211.9093


--- Other maqui leaves


0 %


 


See Note 2




1211.9094


--- Other organic


0 %


 


See Note 2




1211.9099


--- Other


0 %


 


See Note 2




1212.2110


--- Gelidium


0 %


 


See Note 2




1212.2120


--- Pelillo (Gracilaria spp.)


0 %


 


See Note 2




1212.2130


--- Chascón (Lessonia spp.)


0 %


 


See Note 2




1212.2140


--- Luga luga (Iridaea spp.)


0 %


 


See Note 2




1212.2150


--- Sea lettuce (Gigartina spp.)


0 %


 


See Note 2




1212.2160


--- Huiro (Macrocystis spp.)


0 %


 


See Note 2




1212.2170


--- Cochayuyo (Durvillaea Antarctica)


0 %


 


See Note 2




1212.2190


--- Other


0 %


 


See Note 2




1212.2910


--- Gelidium


0 %


 


See Note 2




1212.2920


--- Pelillo (Gracilaria spp.)


0 %


 


See Note 2




1212.2930


--- Chascón (Lessonia spp.)


0 %


 


See Note 2




1212.2940


--- Luga luga (Iridaea spp.)


0 %


 


See Note 2




1212.2950


--- Sea lettuce (Gigartina spp.)


0 %


 


See Note 2




1212.2960


--- Huiro (Macrocystis spp.)


0 %


 


See Note 2




1212.2970


--- Cochayuyo (Durvillaea Antarctica)


0 %


 


See Note 2




1212.2990


--- Other


0 %


 


See Note 2




1212.9100


-- Sugar beet


6 %


0


 




1212.9200


-- Locust beans (carob)


0 %


 


See Note 2




1212.9300


-- Sugar cane


6 %


0


 




1212.9400


-- Chicory roots


6 %


0


 




1212.9900


- Other


 


 


 




ex 1212.9900


-- Locust beans (carob) seed and apricot, peach or plum stones and kernels


0 %


 


See Note 2




ex 1212.9900


-- Other


6 %


0


 




1213.0000


Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets.


0 %


 


See Note 2




1214.1000


- Lucerne (alfalfa) meal and pellets


0 %


 


See Note 2




1214.9010


-- Lupines (Lupinus spp.)


0 %


 


See Note 2




1214.9090


-- Other


0 %


 


See Note 2




1501.1000


- Lard


0 %


 


See Note 2




1501.2000


- Other pig fat


0 %


 


See Note 2




1501.9000


- Other


0 %


 


See Note 2




1502.1010


-- Merged (including ‘first juices’)


0 %


 


See Note 2




1502.1090


-- Others


0 %


 


See Note 2




1502.9000


- Other


0 %


 


See Note 2




1503.0000


Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared.


0 %


 


See Note 2




1504.1000


- Fish-liver oils and their fractions


0 %


 


See Note 2




1504.2010


-- Fish oil, raw


0 %


 


See Note 2




1504.2020


-- Fish oil, refined and semi-refined


0 %


 


See Note 2




1504.2090


-- Others


0 %


 


See Note 2




1504.3000


- Fats and oils and their fractions, of marine mammals


0 %


 


See Note 2




1505.0000


Wool grease and fatty substances derived therefrom (including lanolin).


0 %


 


See Note 2




1506.0000


Other animal fats and oils and their fractions, whether or not refined, but not chemically modified.


0 %


 


See Note 2




1507.1000


- Crude oil, whether or not degummed


6 %


3


 




1507.9010


-- In bulk


6 %


7


 




1507.9090


-- Other


6 %


7


 




1508.1000


- Crude oil


6 %


0


 




1508.9000


- Other


6 %


0


 




1509.1011


--- In containers of a net capacity not exceeding 5 l


0 %


 


See Note 2




1509.1019


--- Other:


0 %


 


See Note 2




1509.1091


--- In containers of a net capacity not exceeding 5 l


0 %


 


See Note 2




1509.1099


--- Other


0 %


 


See Note 2




1509.9010


-- Organic


0 %


 


See Note 2




1509.9090


-- Other


0 %


 


See Note 2




1510.0000


Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 15.09.


0 %


 


See Note 2




1511.1000


- Crude oil


6 %


0


 




1511.9000


- Other


6 %


7


 




1512.1110


--- Sunflower-seed oil and fractions thereof


0 %


 


See Note 2




1512.1120


--- Safflower oil and fractions thereof


0 %


 


See Note 2




1512.1911


---- In bulk


0 %


 


See Note 2




1512.1919


---- Other


0 %


 


See Note 2




1512.1920


--- Safflower oil and fractions thereof


0 %


 


See Note 2




1512.2100


-- Crude oil, whether or not gossypol has been removed


6 %


0


 




1512.2900


-- Other


6 %


3


 




1513.1100


-- Crude oil


6 %


0


 




1513.1900


-- Other


6 %


0


 




1513.2100


-- Crude oil


6 %


0


 




1513.2900


-- Other


6 %


3


 




1514.1100


-- Crude oil


6 %


7


 




1514.1900


-- Other


6 %


3


 




1514.9100


-- Crude oil


6 %


3


 




1514.9900


-- Others


6 %


3


 




1515.1100


-- Crude oil


0 %


 


See Note 2




1515.1900


-- Other


0 %


 


See Note 2




1515.2100


-- Crude oil


0 %


 


See Note 2




1515.2900


-- Other


0 %


 


See Note 2




1515.3000


- Castor oil and its fractions


0 %


 


See Note 2




1515.5000


- Sesame oil and its fractions


6 %


0


 




1515.9011


--- Of organic rose hip


6 %


3


 




1515.9019


--- Other


6 %


3


 




1515.9021


--- Of organic avocados


0 %


 


See Note 2




1515.9029


--- Of other avocados


0 %


 


See Note 2




1515.9031


--- Organic


0 %


 


See Note 2




1515.9039


--- Others


0 %


 


See Note 2




1515.9090


-- Other


0 %


 


See Note 2




1516.1011


--- Fish oils


0 %


 


See Note 2




1516.1012


--- Oils of marine mammals


0 %


 


See Note 2




1516.1090


-- Other


0 %


 


See Note 2




1516.2000


- Vegetable fats and oils and their fractions


0 %


 


See Note 2




1517.1010


-- In immediate packings of a net content of 1 KN or less


0 %


 


See Note 2




1517.1090


-- Other


0 %


 


See Note 2




1517.9010


-- Mixtures of vegetable oils, crude


6 %


7


 




1517.9020


-- Mixtures of vegetable oils, refined


6 %


7


 




1517.9090


-- Other


6 %


7


 




1518.0000


Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 15.16; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, not elsewhere specified or included.


0 %


 


See Note 2




1520.0000


Glycerol, crude; glycerol waters and glycerol lyes.


0 %


 


See Note 2




1521.1000


- Vegetable waxes


0 %


 


See Note 2




1521.9011


--- Organics


0 %


 


See Note 2




1521.9019


--- Others


0 %


 


See Note 2




1521.9090


-- Others


0 %


 


See Note 2




1522.0000


Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes.


0 %


 


See Note 2




1601.0000


Sausages and similar products, of meat, meat offal or blood; food preparations based on these products.


0 %


 


See Note 2




1602.1000


- Homogenised preparations


0 %


 


See Note 2




1602.2000


- Of liver of any animal


0 %


 


See Note 2




1602.3110


--- Cuts prepared, seasoned or spiced


0 %


 


See Note 2




1602.3120


--- Pate and spreads


0 %


 


See Note 2




1602.3130


--- Ham


0 %


 


See Note 2




1602.3190


--- Other


0 %


 


See Note 2




1602.3210


--- Cuts, prepared, seasoned or spiced


0 %


 


See Note 2




1602.3220


--- Pate and spreads


0 %


 


See Note 2




1602.3230


--- Pulp


0 %


 


See Note 2




1602.3290


--- Other


0 %


 


See Note 2




1602.3900


-- Other


0 %


 


See Note 2




1602.4100


-- Hams and cuts thereof


0 %


 


See Note 2




1602.4200


-- Shoulders and cuts thereof


0 %


 


See Note 2




1602.4900


-- Other, including mixtures


0 %


 


See Note 2




1602.5000


- Of bovine animals


0 %


 


See Note 2




1602.9010


-- Of roe deer


0 %


 


See Note 2




1602.9020


-- Of wild boar


0 %


 


See Note 2




1602.9030


-- Of deer


0 %


 


See Note 2




1602.9040


-- Of rabbit


0 %


 


See Note 2




1602.9050


-- Of pheasant


0 %


 


See Note 2




1602.9060


-- Of goose


0 %


 


See Note 2




1602.9070


-- Of partridge


0 %


 


See Note 2




1602.9090


-- Other


0 %


 


See Note 2




1603.0000


Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates.


0 %


 


See Note 2




1604.1110


--- Smoked


0 %


 


See Note 2




1604.1190


--- Other


0 %


 


See Note 2




1604.1200


-- Herrings


0 %


 


See Note 2




1604.1311


---- In brine


0 %


 


See Note 2




1604.1312


---- In tomato sauce


0 %


 


See Note 2




1604.1319


---- Other


0 %


 


See Note 2




1604.1390


--- Other


0 %


 


See Note 2




1604.1410


--- Tunas


6 %


0


 




1604.1420


--- Skipjacks


6 %


0


 




1604.1430


--- Bonitos


0 %


 


See Note 2




1604.1500


-- Mackerel


0 %


 


See Note 2




1604.1610


--- In oil


0 %


 


See Note 2




1604.1690


--- Other


0 %


 


See Note 2




1604.1700


-- Eels


 


 


 




ex 1604.1700


--- Fillets known as ‘loins’


6 %


0


 




ex 1604.1700


--- Other


0 %


 


See Note 2




1604.1800


-- Shark fins


 


 


 




ex 1604.1800


--- Fillets known as ‘loins’


6 %


0


 




ex 1604.1800


--- Other


0 %


 


See Note 2




1604.1911


---- In brine


0 %


 


See Note 2




1604.1912


---- In tomato sauce


0 %


 


See Note 2




1604.1913


---- In oil


0 %


 


See Note 2




1604.1919


---- Other


0 %


 


See Note 2




1604.1920


--- Kingclip


0 %


 


See Note 2




1604.1930


--- Trout


0 %


 


See Note 2




1604.1940


--- Hake


0 %


 


See Note 2




1604.1990


--- Other


 


 


 




ex 1604.1990


---- Fillets known as ‘loins’


6 %


0


 




ex 1604.1990


---- Fish of the genus Euthynnus



6 %


0


 




ex 1604.1990


---- Other


0 %


 


See Note 2




1604.2010


-- Of tuna


6 %


0


 




1604.2020


-- Of bonito


0 %


 


See Note 2




1604.2030


-- Of salmon


0 %


 


See Note 2




1604.2040


-- Of sardine and jack mackerel


0 %


 


See Note 2




1604.2050


-- Of mackerel


0 %


 


See Note 2




1604.2060


-- Of anchovies


0 %


 


See Note 2




1604.2070


-- Of hake


0 %


 


See Note 2




1604.2090


-- Other


 


 


 




ex 1604.2090


--- Fillets known as ‘loins’


6 %


0


 




ex 1604.2090


--- Of skipjack or other fish of the genus Euthynnus



6 %


0


 




ex 1604.2090


--- Other


0 %


 


See Note 2




1604.3100


-- Caviar


0 %


 


See Note 2




1604.3200


-- Caviar substitutes


0 %


 


See Note 2




1605.1011


--- In airtight containers


0 %


 


See Note 2




1605.1012


--- Frozen


0 %


 


See Note 2




1605.1019


--- Other


0 %


 


See Note 2




1605.1021


--- King crab (Lithodes spp.), in airtight containers


0 %


 


See Note 2




1605.1022


--- King crab (Lithodes santolla), in airtight containers


0 %


 


See Note 2




1605.1023


--- Snow crab (Paralomis granulosa), in airtight containers


0 %


 


See Note 2




1605.1024


--- Snow crab (Paralomis spp.), in airtight containers


0 %


 


See Note 2




1605.1025


--- King crab (Lithodes spp.), frozen


0 %


 


See Note 2




1605.1026


--- King crab (Lithodes santolla), frozen


0 %


 


See Note 2




1605.1027


--- Snow crab (Paralomis granulosa), frozen


0 %


 


See Note 2




1605.1028


--- Snow crab (Paralomis spp.), frozen


0 %


 


See Note 2




1605.1029


--- Other


0 %


 


See Note 2




1605.1090


-- Other


0 %


 


See Note 2




1605.2111


---- Nylon shrimp (Heterocarpus reedi)


0 %


 


See Note 2




1605.2112


---- Ecuadorian shrimp (Penaeus vannamei)


0 %


 


See Note 2




1605.2113


---- Northern chilean shrimp (Cryphiops caementarius)


0 %


 


See Note 2




1605.2119


---- Other


0 %


 


See Note 2




1605.2121


---- Nylon shrimp (Heterocarpus reedi)


0 %


 


See Note 2




1605.2122


---- Ecuadorian shrimp (Penaeus vannamei)


0 %


 


See Note 2




1605.2123


---- Northern chilean shrimp (Cryphiops caementarius)


0 %


 


See Note 2




1605.2129


---- Other


0 %


 


See Note 2




1605.2131


---- Yellow langoustine (Cervimunida johni)


0 %


 


See Note 2




1605.2132


---- Red langoustines (Pleurocondes monodon)


0 %


 


See Note 2




1605.2139


---- Other


0 %


 


See Note 2




1605.2141


---- Yellow langoustine (Cervimunida johni)


0 %


 


See Note 2




1605.2142


---- Red langoustines (Pleurocondes monodon)


0 %


 


See Note 2




1605.2149


---- Other


0 %


 


See Note 2




1605.2151


---- Prawn (Haliporoides diomedeae)


0 %


 


See Note 2




1605.2159


---- Other


0 %


 


See Note 2




1605.2161


---- Prawn (Haliporoides diomedeae)


0 %


 


See Note 2




1605.2169


---- Other


0 %


 


See Note 2




1605.2911


---- Nylon shrimp (Heterocarpus reedi)


0 %


 


See Note 2




1605.2912


---- Ecuadorian shrimp (Penaeus vannamei)


0 %


 


See Note 2




1605.2913


---- Northern chilean shrimp (Cryphiops caementarius)


0 %


 


See Note 2




1605.2919


---- Other


0 %


 


See Note 2




1605.2921


---- Yellow langoustine (Cervimunida johni)


0 %


 


See Note 2




1605.2922


---- Red langoustines (Pleurocondes monodon)


0 %


 


See Note 2




1605.2929


---- Other


0 %


 


See Note 2




1605.2931


---- Prawn (Haliporoides diomedeae)


0 %


 


See Note 2




1605.2939


---- Other


0 %


 


See Note 2




1605.2990


--- Other


0 %


 


See Note 2




1605.3000


- Lobster


0 %


 


See Note 2




1605.4000


- Other crustaceans


0 %


 


See Note 2




1605.5100


-- Oysters


0 %


 


See Note 2




1605.5210


--- Scallops (Argopecten purpuratus), (Chlamys patagonica)


0 %


 


See Note 2




1605.5290


--- Other


0 %


 


See Note 2




1605.5300


-- Mussels


0 %


 


See Note 2




1605.5410


--- Giant squid (Dosidicus gigas)


0 %


 


See Note 2




1605.5490


--- Other


0 %


 


See Note 2




1605.5500


-- Octopus


0 %


 


See Note 2




1605.5611


---- Protothaca thaca, Ameghinomya antiqua



0 %


 


See Note 2




1605.5612


---- Juliana or Tawera (Tawera gayi)


0 %


 


See Note 2




1605.5619


---- Other


0 %


 


See Note 2




1605.5690


--- Other


0 %


 


See Note 2




1605.5710


--- Ezo Awabi or green abalone (Haliotis discus hannai)


0 %


 


See Note 2




1605.5790


--- Other


0 %


 


See Note 2




1605.5800


-- Snails, other than sea snails


0 %


 


See Note 2




1605.5910


--- Pink clam, soft clam (Mesodesma donacium) (Solen macha)


0 %


 


See Note 2




1605.5920


--- Chilean abalone or false abalone (Concholepas concholepas)


0 %


 


See Note 2




1605.5931


---- Fine snail (Zidona dufresnei)


0 %


 


See Note 2




1605.5932


---- Gevers's Trophon (Trophon geversianus)


0 %


 


See Note 2




1605.5933


---- Chilean Triton (Argobuccinum spp.)


0 %


 


See Note 2




1605.5934


---- Black top shell (Thais chocolata)


0 %


 


See Note 2




1605.5939


---- Other


0 %


 


See Note 2




1605.5940


--- Limpets (Fissurella spp.)


0 %


 


See Note 2




1605.5950


--- Razor clam (Tagelus dombeii)


0 %


 


See Note 2




1605.5960


--- Razor clam (Ensis macha)


0 %


 


See Note 2




1605.5970


--- Clams (Gari solida)


0 %


 


See Note 2




1605.5990


--- Other


0 %


 


See Note 2




1605.6100


-- Sea cucumbers


0 %


 


See Note 2




1605.6200


-- Sea urchins


0 %


 


See Note 2




1605.6300


-- Jellyfish


0 %


 


See Note 2




1605.6900


-- Other


0 %


 


See Note 2




1701.1200


-- Beet sugar


6 % + PBS


E


 




1701.1300


-- Cane sugar specified in Subheading Note 2 to this Chapter


6 % + PBS


E


 




1701.1400


-- Other cane sugar


6 % + PBS


E


 




1701.9100


-- Containing added flavouring or colouring matter


6 % + PBS


E


 




1701.9910


--- Cane sugar, refined


6 % + PBS


E


 




1701.9920


--- Beet sugar, refined


6 % + PBS


E


 




1701.9990


--- Other


6 % + PBS


E


 




1702.1100


-- Containing by weight 99 % or more lactose, expressed as anhydrous lactose, calculated on the dry matter


6 %


7


 




1702.1900


-- Other


6 %


7


 




1702.2000


- Maple sugar and maple syrup


6 %


7


 




1702.3000


- Glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 % by weight of fructose


6 %


7


 




1702.4000


- Glucose and glucose syrup, containing in the dry state at least 20 % but less than 50 % by weight of fructose, excluding invert sugar


6 %


7


 




1702.5000


- Chemically pure fructose


6 %


7


 




1702.6010


-- Of pear


6 %


7


 




1702.6020


-- Of apple


6 %


7


 




1702.6090


-- Other


6 %


7


 




1702.9010


-- Colouring caramel


6 %


7


 




1702.9020


-- Substitutes of the honey, even mixed with natural honey


6 %


7


 




1702.9090


-- Other


6 %


7


 




1703.1000


- Cane molasses


6 %


7


 




1703.9000


- Other


6 %


7


 




1704.1010


-- Sugar-coated


0 %


 


See Note 2




1704.1090


-- Other


0 %


 


See Note 2




1704.9020


-- Bonbons


0 %


 


See Note 2




1704.9030


-- Caramels


0 %


 


See Note 2




1704.9050


-- Sweets


0 %


 


See Note 2




1704.9060


-- Sugar gums


0 %


 


See Note 2




1704.9070


-- Nougat


0 %


 


See Note 2




1704.9080


Confections made in whole or in part from ‘dulce de leche’


0 %


 


See Note 2




1704.9090


-- Other


0 %


 


See Note 2




1901.1010


-- Containing more than 10 % by weight of solid milk products


0 %


 


See Note 2




1901.1090


-- Other


0 %


 


See Note 2




1901.2010


-- Containing more than 25 % by weight of milk fat, not put up for retail sale


6 %


3


 




1901.2090


-- Other


6 %


3


 




1901.9011


--- Caramel


0 %


 


See Note 2




1901.9019


--- Others


0 %


 


See Note 2




1901.9090


-- Others


0 %


 


See Note 2




1902.1100


-- Containing eggs


0 %


 


See Note 2




1902.1910


--- Spaghetti


0 %


 


See Note 2




1902.1920


--- Pasta for soups


0 %


 


See Note 2




1902.1990


--- Others


0 %


 


See Note 2




1902.2010


-- Pasta stuffed with meat


0 %


 


See Note 2




1902.2090


-- Others


0 %


 


See Note 2




1902.3000


- Other pasta


0 %


 


See Note 2




1902.4000


- Couscous


0 %


 


See Note 2




1903.0000


Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms.


0 %


 


See Note 2




1904.1000


- Prepared foods obtained by the swelling or roasting of cereals or cereal products


0 %


 


See Note 2




1904.2000


- Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals


0 %


 


See Note 2




1904.3000


- Bulgur wheat


0 %


 


See Note 2




1904.9000


- Others


0 %


 


See Note 2




1905.1000


- Crispbread


0 %


 


See Note 2




1905.2000


- Gingerbread and the like


0 %


 


See Note 2




1905.3100


-- Sweet biscuits


0 %


 


See Note 2




1905.3200


-- Waffles and wafers


0 %


 


See Note 2




1905.4000


- Rusks, toasted bread and similar toasted products


0 %


 


See Note 2




1905.9010


-- Caramel sandwich cookies (‘alfajores’)


0 %


 


See Note 2




1905.9020


-- Sponge cakes (‘bizcochos’)


0 %


 


See Note 2




1905.9030


-- Crackers


0 %


 


See Note 2




1905.9090


-- Others


0 %


 


See Note 2




2101.1111


---- Elaborated with organic coffee beans


0 %


 


See Note 2




2101.1119


---- Other


0 %


 


See Note 2




2101.1191


---- Elaborated with organic coffee beans


0 %


 


See Note 2




2101.1199


---- Other


0 %


 


See Note 2




2101.1200


-- Preparations with a basis of extracts, essences or concentrates or with a basis of coffee


0 %


 


See Note 2




2101.2010


-- Extracts, essences and concentrates, of tea, and preparations with a basis of these extracts, essences or concentrates, with a basis of tea


0 %


 


See Note 2




2101.2090


-- Other


0 %


 


See Note 2




2101.3000


- Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof


0 %


 


See Note 2




2102.1000


- Active yeasts


0 %


 


See Note 2




2102.2000


- Inactive yeasts; other single-cell micro-organisms, dead


0 %


 


See Note 2




2102.3000


- Prepared baking powders


0 %


 


See Note 2




2103.1000


- Soya sauce


0 %


 


See Note 2




2103.2010


-- Tomato ketchup (‘catsup’, ‘catchup’)


0 %


 


See Note 2




2103.2090


-- Other


0 %


 


See Note 2




2103.3000


- Mustard flour and meal and prepared mustard


0 %


 


See Note 2




2103.9010


-- Mixed condiments and mixed seasonings


0 %


 


See Note 2




2103.9020


-- Mayonnaise


0 %


 


See Note 2




2103.9090


-- Other


0 %


 


See Note 2




2104.1010


-- Creams and preparations therefor


0 %


 


See Note 2




2104.1020


-- Soups and preparations therefor


0 %


 


See Note 2




2104.1090


-- Other


0 %


 


See Note 2




2104.2010


-- Food preparations for infant use


0 %


 


See Note 2




2104.2090


-- Other


0 %


 


See Note 2




2105.0010


- With a basis of water


0 %


 


See Note 2




2105.0020


- With a basis of milk or cream


0 %


 


See Note 2




2105.0090


- Other


0 %


 


See Note 2




2106.1010


-- Protein concentrates


0 %


 


See Note 2




2106.1020


-- Textured protein substances


0 %


 


See Note 2




2106.9010


-- Powders for the preparation of puddings, creams, jellies and the like


6 %


3


 




2106.9020


-- Compound non-alcoholic preparations, of a kind used for the manufacture of beverages


6 %


3


 




2106.9090


-- Other


6 %


3


 




2301.1010


-- Poultry flour


0 %


 


See Note 2




2301.1020


-- Ruminant flour


0 %


 


See Note 2




2301.1030


-- Pork flour


0 %


 


See Note 2




2301.1090


-- Others


0 %


 


See Note 2




2301.2011


--- With a protein content not exceeding 66 % by weight (standard)


0 %


 


See Note 2




2301.2012


--- With a protein content of 66 % or more but not exceeding 68 % by weight (prime)


0 %


 


See Note 2




2301.2013


--- With a protein content exceeding 68 % by weight (super prime)


0 %


 


See Note 2




2301.2021


--- Of langoustine or prawns


0 %


 


See Note 2




2301.2022


--- Of crustacean shells


0 %


 


See Note 2




2301.2029


--- Other


0 %


 


See Note 2




2301.2090


-- Other


0 %


 


See Note 2




2302.1010


-- Bran


0 %


 


See Note 2




2302.1090


-- Other


0 %


 


See Note 2




2302.3000


- Of wheat


6 %


3


 




2302.4000


- Of other cereals


 


 


 




ex 2302.4000


-- Of rice


0 %


 


See Note 2




ex 2302.4000


-- Other


6 %


0


 




2302.5000


- Of leguminous plants


0 %


 


See Note 2




2303.1000


- Residues of starch manufacture and similar residues


0 %


 


See Note 2




2303.2010


-- Beet bagasse


6 %


0


 




2303.2090


-- Other


0 %


 


See Note 2




2303.3000


- Brewing or distilling dregs and waste


0 %


 


See Note 2




2304.0010


- Oil-cakes


0 %


 


See Note 2




2304.0020


- Oil-cake flour


0 %


 


See Note 2




2304.0030


- Pellets


0 %


 


See Note 2




2304.0090


- Other


0 %


 


See Note 2




2305.0000


Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of ground-nut oil.


0 %


 


See Note 2




2306.1000


- Of cotton seeds


0 %


 


See Note 2




2306.2000


- Of linseed


0 %


 


See Note 2




2306.3010


-- Oil-cakes


0 %


 


See Note 2




2306.3020


-- Oil-cake flour


0 %


 


See Note 2




2306.3030


-- Pellets


0 %


 


See Note 2




2306.3090


-- Other


0 %


 


See Note 2




2306.4100


-- Of low erucic acid rape or colza seeds


0 %


 


See Note 2




2306.4900


-- Other


0 %


 


See Note 2




2306.5000


- Of coconut or copra


0 %


 


See Note 2




2306.6000


- Of palm nuts or kernels


0 %


 


See Note 2




2306.9000


- Other


0 %


 


See Note 2




2307.0000


Wine lees; argol.


0 %


 


See Note 2




2308.0000


Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included.


0 %


 


See Note 2




2309.1011


--- Milk replacer for dogs or cats


0 %


 


See Note 2




2309.1019


--- Other


0 %


 


See Note 2




2309.1021


--- Milk replacer for dogs or cats


0 %


 


See Note 2




2309.1029


--- Other


0 %


 


See Note 2




2309.1090


-- Other


0 %


 


See Note 2




2309.9030


-- Milk substitutes for calves, sheep, goats or horses feeding


0 %


 


See Note 2




2309.9040


-- Preparations of a kind used in animal feeding, consisting mainly of algae, dried algae and algae byproducts


0 %


 


See Note 2




2309.9050


-- Mixed feeds containing 20 percent or more of matter of animal origin


0 %


 


See Note 2




2309.9060


-- Preparations containing maize


0 %


 


See Note 2




2309.9070


-- Preparations containing wheat


0 %


 


See Note 2




2309.9080


-- Preparations containing maize and wheat


0 %


 


See Note 2




2309.9090


-- Other


0 %


 


See Note 2






(1)  
            Ley 18.525, de 1986, del Ministerio de Hacienda, que establece Normas sobre Importación de Mercancías al país (Law 18.525, 1986, Ministry of Finance, establishing rules on importation of goods into the country).






ANNEX 10-A
INTRODUCTORY NOTES TO PRODUCT-SPECIFIC RULES OF ORIGIN

Note 1


General principles









1.


This Annex sets out the general rules for the applicable requirements of Annex 10-B provided for in subparagraph (c) of Article 10.2(1).












2.


For the purposes of this Annex and Annex 10-B, the requirements for a product to be originating in accordance with subparagraph (c) of Article 10.2(1) are a change in tariff classification, a production process, a maximum value of non-originating materials, or any other requirement specified in this Annex or Annex 10-B.












3.


Reference to weight in a product-specific rule of origin means the net weight, which is the weight of a material or a product, not including the weight of packaging.












4.


This Annex and Annex 10-B are based on the Harmonized System, as amended on 1 January 2022.





Note 2


The structure of Annex 10-B









1.


Notes on Sections or Chapters, where applicable, are read in conjunction with the product-specific rules of origin for the relevant Section, Chapter, heading or subheading.












2.


Each product-specific rule of origin set out in Column 2 of Annex 10-B applies to the corresponding product identified in Column 1 of that Annex.












3.


If a product is subject to alternative product-specific rules of origin, the product shall be originating if it satisfies one of the alternatives. If a product is subject to a product-specific rule of origin that includes multiple requirements, the product shall be originating only if it satisfies all of the requirements.












4.


For the purposes of this Annex and Annex 10-B:






(a)


‘Section’ means a section of the Harmonized System;










(b)


‘Chapter’ means the first two digits in the tariff classification number under the Harmonized System;










(c)


‘heading’ means the first four digits in the tariff classification number under the Harmonized System;










(d)


‘subheading’ means the first six digits in the tariff classification number under the Harmonized System.
















5.


For the purposes of product-specific rules of origin, the following abbreviations apply (1):






(a)


‘CC’ means production from non-originating materials of any Chapter, except that of the product, or a change to the Chapter, heading or subheading from any other Chapter; this means that all non-originating materials used in the production of the product must undergo a change in tariff classification at the 2-digit level (i.e. a change in Chapter) of the Harmonized System;










(b)


‘CTH’ means production from non-originating materials of any heading, except that of the product, or a change to the Chapter, heading or subheading from any other heading; this means that all non-originating materials used in the production of the product must undergo a change in tariff classification at the 4-digit level (i.e. a change in heading) of the Harmonized System;










(c)


‘CTSH’ means production from non-originating materials of any subheading, except that of the product, or a change to the Chapter, heading or subheading from any other subheading; this means that all non-originating materials used in the production of the product must undergo a change in tariff classification at the 6-digit level (i.e. a change in sub-heading) of the Harmonized System; and










(d)


‘production from non-originating materials of any heading’ means that the working or processing from non-originating materials is more than insufficient.









Note 3


Application of Annex 10-B









1.


Article 10.2(2), concerning products having acquired originating status which are incorporated as a material in another product, applies irrespective of whether or not that status has been acquired inside the same factory in a Party where those products are used.












2.


If a product-specific rule of origin provides that a specified non-originating material shall not be used or that the value or weight of a specified non-originating material cannot exceed a specific threshold, those requirements do not apply to non-originating materials classified elsewhere in the Harmonized System.












3.


If a product-specific rule of origin provides that a product shall be produced from a particular material, this does not prevent the use of other materials if these cannot satisfy the requirement because of their inherent nature.





Note 4


Calculation of a maximum value of non-originating materials









1.


For the purposes of this Annex and Annex 10-B:






(a)


‘customs value’ means the value as determined in accordance with the Agreement on implementation of Article VII of GATT 1994 in Annex 1A to the WTO Agreement;










(b)


‘EXW’ means the price paid for the product ex-works to the manufacturer in whose undertaking the last working or processing is carried out, provided that the price includes the value of all the materials used and all other costs related to its production, minus any internal taxes which are, or may be, repaid when the product obtained is exported;










(c)


‘MaxNOM’ means the maximum value of non-originating materials expressed as a percentage; and










(d)


‘VNM’ means the value of non-originating materials used to manufacture the product, and which is its customs value at the time of importation including freight, insurance, where appropriate, packing and all the other costs incurred in transporting the materials to the importation port in the Party where the producer of the product is located; where that customs value is not known and cannot be ascertained, the first ascertainable price paid for the non-originating materials in either Party is used; the value of the non-originating materials used in the production of the product may be calculated on the basis of the weighted average value formula or other stock valuation method under accounting principles which are generally accepted in the Party's territory.




Where the actual price paid does not reflect all costs related to the manufacturing of the product which are actually incurred in the European Union or in Chile, the ex-works price means the sum of all those costs, minus any internal taxes which are, or may be, repaid when the product obtained is exported.












2.


For the calculation of MaxNOM, the following formula applies:










Note 5


Definitions of processes referred to in Sections V to VII of Annex 10-B

For the purposes of Sections V to VII of Annex 10-B:






(a)


‘biotechnological processing’ means:






(i)


biological or biotechnological culturing, including cell culture, hybridisation or genetic modification of micro-organisms, bacteria, viruses, including phages, or human, animal or plant cells; or










(ii)


production, isolation or purification of cellular or intercellular structures, such as isolated genes, gene fragments and plasmids, or fermentation;














(b)


‘change in particle size’ means the deliberate and controlled modification in particle size of a product, other than by merely crushing or pressing, resulting in a product with a defined particle size, defined particle size distribution or defined surface area, which is relevant to the purposes of the resulting product and with physical or chemical characteristics different from those of the input materials;










(c)


‘chemical reaction’ means a process, including a biochemical processing, which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule, with the exception of the following, which are not considered to be chemical reactions for the purpose of this definition:






(i)


dissolving in water or other solvents;










(ii)


the elimination of solvents including solvent water; or










(iii)


the addition or elimination of water of crystallisation;














(d)


‘distillation’ means:






(i)


atmospheric distillation: a separation process in which petroleum oils are converted, in a distillation tower, into fractions according to boiling point and the vapour then condensed into different liquefied fractions; products produced from petroleum distillation may include liquefied petroleum gas, naphtha, gasoline, kerosene, diesel or heating oil, light gas oils and lubricating oil; or










(ii)


vacuum distillation: distillation at a pressure below atmospheric but not so low that it would be classed as molecular distillation; vacuum distillation is used for distilling high-boiling and heat-sensitive materials such as heavy distillates in petroleum oils to produce light to heavy vacuum gas oils and residuum;














(e)


‘isomer separation’ means the isolation or separation of an isomer from a mixture of isomers;










(f)


‘mixing and blending’ means the deliberate and proportionally controlled mixing or blending, including dispersing, of materials, other than the addition of diluents, only to conform to predetermined specifications which results in the production of a product having physical or chemical characteristics that are relevant to the purposes or uses of the product and are different from the input materials;










(g)


‘production of standard materials’ including standard solutions means a production of a preparation suitable for analytical, calibrating or referencing uses with precise degrees of purity or proportions certified by the manufacturer;










(h)


‘purification’ means a process which results in the elimination of at least 80 % of the content of existing impurities or the reduction or elimination of impurities resulting in a product suitable for one or more of the following applications:






(i)


pharmaceutical, medicinal, cosmetic, veterinary, or food grade substances;










(ii)


chemical products and reagents for analytical, diagnostic or laboratory uses;










(iii)


elements and components for use in micro-elements;










(iv)


specialised optical uses;










(v)


non-toxic uses for health and safety;










(vi)


biotechnical use;










(vii)


carriers used in a separation process; or










(viii)


nuclear grade uses.









Note 6


Definitions of terms used in Section XI of Annex 10-B

For the purposes of Section XI of Annex 10-B:






(a)


‘man-made staple fibres’ means synthetic or artificial filament tow, staple fibres or waste, of headings 55.01 to 55.07;










(b)


‘natural fibres’ means fibres other than synthetic or artificial fibres; their use is restricted to the stages before spinning takes place, includes waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun; ‘natural fibres’ includes horsehair of heading 05.11, silk of headings 50.02 and 50.03, wool fibres and fine or coarse animal hair of headings 51.01 to 51.05, cotton fibres of headings 52.01 to 52.03, and other vegetable fibres of headings 53.01 to 53.05;










(c)


‘printing’ means a technique by which an objectively assessed function, such as colour, design, or technical performance, is given to a textile substrate with a permanent character, using screen, roller, digital or transfer techniques; and










(d)


‘printing (as standalone operation)’ means a technique by which an objectively assessed function, such as colour, design, or technical performance, is given to a textile substrate with a permanent character, using screen, roller, digital or transfer techniques combined with at least two preparatory or finishing operations, such as scouring, bleaching, mercerizing, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling, shearing, singeing, process of air-tumbler, process of stenter, milling, steam and shrinking, and wet decatising, provided that the value of all the non-originating materials used does not exceed 50 % of the EXW of the product.





Note 7


Tolerances applicable to products containing two or more basic textile materials









1.


For the purposes of this Note, basic textile materials are the following:






(a)


silk;










(b)


wool;










(c)


coarse animal hair;










(d)


fine animal hair;










(e)


horsehair;










(f)


cotton;










(g)


paper-making materials and paper;










(h)


flax;










(i)


true hemp;










(j)


jute and other textile bast fibres;










(k)


sisal and other textile fibres of the genus Agave;










(l)


coconut, abaca, ramie and other vegetable textile fibres;










(m)


synthetic man-made filaments;










(n)


artificial man-made filaments;










(o)


current-conducting filaments;










(p)


synthetic man-made staple fibres of polypropylene;










(q)


synthetic man-made staple fibres of polyester;










(r)


synthetic man-made staple fibres of polyamide;










(s)


synthetic man-made staple fibres of polyacrylonitrile;










(t)


synthetic man-made staple fibres of polyimide;










(u)


synthetic man-made staple fibres of polytetrafluoroethylene;










(v)


synthetic man-made staple fibres of poly (phenylene sulphide);










(w)


synthetic man-made staple fibres of poly (vinyl chloride);










(x)


other synthetic man-made staple fibres;










(y)


artificial man-made staple fibres of viscose;










(z)


other artificial man-made staple fibres;










(aa)


yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped;










(bb)


yarn made of polyurethane segmented with flexible segments of polyester whether or not gimped;










(cc)


products of heading 56.05 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film irrespective of whether or not it is coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film;










(dd)


other products of heading 56.05;










(ee)


glass fibres; and










(ff)


metal fibres.
















2.


Where reference to this Note is made in Annex 10-B, the requirements set out in Column 2 thereof shall not apply, as a tolerance, to non-originating basic textile materials which are used in the manufacture of a product, provided that:






(a)


the product contains two or more basic textile materials; and










(b)


the weight of the non-originating basic textile materials, taken together, does not exceed 10 % of the total weight of all the basic textile materials used; for example:




for a woollen fabric of heading 51.12 containing woollen yarn of heading 51.07, synthetic yarn of staple fibres of heading 55.09 and materials other than basic textile materials, non-originating woollen yarn which does not satisfy the requirement set out in Annex 10-B, or non-originating synthetic yarn which does not satisfy the requirement set out in Annex 10-B, or a combination of both, may be used, provided that their total weight does not exceed 10 % of the weight of all the basic textile materials.












3.


Notwithstanding subparagraph (b) of paragraph 2, for products containing yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped, the maximum tolerance is 20 %. However, the percentage of the other non-originating basic textile materials shall not exceed 10 %.












4.


Notwithstanding subparagraph (b) of paragraph 2, for products containing strip consisting of a core of aluminium foil or of a core of plastic film irrespective of whether or not it is coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film, the maximum tolerance is 30 %. However, the percentage of the other non-originating basic textile materials shall not exceed 10 %.





Note 8


Other tolerances applicable to certain textile products









1.


Where reference to this Note is made in Annex 10-B, non-originating textile materials, with the exception of linings and interlinings, which do not satisfy the requirements set out in Column 2 thereof for a made-up textile product may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the EXW of the product.












2.


Non-originating materials which are not classified in Chapters 50 to 63 of the Harmonized System may be used without restriction in the manufacture of textile products classified in Chapters 61 to 63 of the Harmonized System, whether or not they contain textiles.
For example: if a requirement set out in Annex 10-B provides that yarn shall be used, for a certain textile item, such as trousers, this does not prevent the use of non-originating metal items, such as buttons, because metal items are not classified in Chapters 50 to 63 of the Harmonized System; for the same reason, it does not prevent the use of non-originating slide fasteners, even though slide fasteners normally contain textiles.












3.


Where a requirement set out in Annex 10-B provides for a maximum value of non-originating materials, the value of the non-originating materials which are not classified in Chapters 50 to 63 of the Harmonized System shall be taken into account in the calculation of the value of the non-originating materials.





Note 9


Agricultural products









1.


Agricultural products classified in Chapters 6, 7, 8, 9, 10, 12 and heading 24.01 of the Harmonized System which are grown or harvested in the territory of a Party shall be treated as originating in the territory of that Party, even if grown from seeds, bulbs, rootstock, cuttings, slips, grafts, shoots, buds, or other live parts of plants imported from another country.












2.


Notwithstanding Article 10.5, for products classified in subheadings 1602.31, 1602.32, 1602.41 and 1602.50 of the Harmonized System, the value set out in subparagraph (a) of Article 10.5(1) shall not exceed 15 % of the ex-works price of the product.






(1)  For greater certainty, if a requirement of a change in tariff classification provides for exception for a change from certain Chapters, headings or subheadings, none of the non-originating materials of those Chapters, headings or subheadings may be used, individually or jointly.





ANNEX 10-B
PRODUCT-SPECIFIC RULES OF ORIGIN






Column 1
Harmonized System classification (2022) including specific description


Column 2
Product-specific rule of origin




SECTION I


LIVE ANIMALS; ANIMAL PRODUCTS




Chapter 1


Live animals




01.01-01.06


All animals of Chapter 1 are wholly obtained.




Chapter 2


Meat and edible meat offal




02.01-02.10


Manufacture in which all the materials of Chapters 1 and 2 used are wholly obtained.




Chapter 3


Fish and crustaceans, molluscs and other aquatic invertebrates




03.01-03.09


Manufacture in which all the materials of Chapter 3 used are wholly obtained.




Chapter 4


Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included




04.01-04.10


Manufacture in which:






—


all the materials of Chapter 4 used are wholly obtained;










—


and the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product.








Chapter 5


Products of animal origin, not elsewhere specified or included




05.01-05.11


Manufacture from non-originating materials of any heading.




SECTION II


VEGETABLE PRODUCTS




Chapter 6


Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage




06.01-06.04


Manufacture in which all the materials of Chapter 6 used are wholly obtained.




Chapter 7


Edible vegetables and certain roots and tubers




07.01-07.14


Manufacture in which all the materials of Chapter 7 used are wholly obtained.




Chapter 8


Edible fruit and nuts; peel of citrus fruit or melons




08.01-08.14


Manufacture in which:






—


all the materials of Chapter 8 used are wholly obtained;
and










—


the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product.








Chapter 9


Coffee, tea, maté and spices




09.01-09.10


Manufacture from non-originating materials of any heading.




Chapter 10


Cereals




10.01-10.08


Manufacture in which all the materials of Chapter 10 used are wholly obtained.




Chapter 11


Products of the milling industry; malt; starches; inulin; wheat gluten




11.01-11.09


Manufacture in which all non-originating materials of Chapters 10 and 11, headings 07.01, 07.14, 23.02 through 23.03 or subheading 0710.10 used are wholly obtained.




Chapter 12


Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder




1201.10-1207.91


CTH




1207.99


 




- Chia seeds


Manufacture from non-originating materials of any heading;




- Others


CTH




12.08-12.14


CTH




Chapter 13


Lac; gums, resins and other vegetable saps and extracts




1301.20-1302.39


Manufacture from non-originating materials of any heading in which:






—


the total weight of non-originating materials of headings 17.01 and 17.02 does not exceed 20 % of the weight of the product.








Chapter 14


Vegetable plaiting materials; vegetable products not elsewhere specified or included




14.01-14.04


Manufacture from non-originating materials of any heading.




SECTION III


ANIMAL, VEGETABLE OR MICROBIAL FATS AND OILS AND THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES




Chapter 15


Animal, vegetable or microbial fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes




15.01-15.04


CTH




15.05-15.06


Manufacture from non-originating materials of any heading.




15.07-15.08


CTSH




15.09-15.10


Manufacture in which all the vegetable materials used are wholly obtained.




15.11-15.15


CTSH




15.16-15.17


CTH




15.18


CTSH




15.20


Manufacture of non-originating materials of any heading.




15.21-15.22


CTSH




SECTION IV


PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR; TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES; PRODUCTS, WHETHER OR NOT CONTAINING NICOTINE, INTENDED FOR INHALATION WITHOUT COMBUSTION; OTHER NICOTINE CONTAINING PRODUCTS INTENDED FOR THE INTAKE OF NICOTINE INTO THE HUMAN BODY




Chapter 16


Preparations of meat, of fish, of crustaceans, molluscs or other aquatic invertebrates, or of insects




16.01-16.05


Production in which all the materials of Chapters 1, 2, 3 and 16 used are wholly obtained.




Chapter 17


Sugars and sugar confectionery




17.01


CTH




17.02


CTH, provided that the total weight of non-originating materials of headings 11.01 to 11.08, 17.01 and 17.03 used does not exceed 20 % of the weight of the product.




17.03


CTH




17.04


CTH, provided that the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product.




Chapter 18


Cocoa and cocoa preparations




18.01-18.05


CTH




18.06


CTH, provided that the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product.




Chapter 19


Preparations of cereals, flour, starch or milk; pastrycooks' products




19.01-19.05


CTH, provided that:






—


the weight of non-originating materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the product;










—


the total weight of non-originating materials of headings 10.06 and 11.01 to 11.08 used does not exceed 20 % of the weight of the product;










—


the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product; and










—


the weight of non-originating materials of Chapter 4 used does not exceed 20 % of the weight of the product.








Chapter 20


Preparations of vegetables, fruit, nuts or other parts of plants




20.01


CTH




20.02-20.03


Manufacture in which all the materials of Chapter 7 used are wholly obtained.




20.04-20.07


CTH, provided that the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product.




2008.11-2008.93


CTH, provided that the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product.




2008.97


CTH provided that the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product; however non-originating pineapple preparations of sub-heading 2008.20 may be used.




2008.99-2009.90


CTH, provided that the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 40 % of the weight of the product.




Chapter 21


Miscellaneous edible preparations




21.01-21.02


CTH, provided that:






—


the weight of non-originating materials of Chapter 4 used does not exceed 20 % of the weight of the product; and










—


the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product.








2103.10
2103.20
2103.90


CTH; however, non-originating mustard flour or meal or prepared mustard may be used.




2103.30


Manufacture from non-originating materials of any heading.




21.04-21.06


CTH, provided that:






—


the weight of non-originating materials of Chapter 4 used does not exceed 20 % of the weight of the product; and










—


the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product.








Chapter 22


Beverages, spirits and vinegar




22.01-22.06


CTH, except that of headings 22.07 and 22.08, provided that:






—


all the materials of subheadings 0806.10, 2009.61, 2009.69 used are wholly obtained;










—


the weight of non-originating materials of Chapter 4 used does not exceed 20 % of the weight of the product; and










—


the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product.








22.07


CTH except from headings 22.07 and 22.08, provided that all the materials of Chapter 10, subheadings 0806.10, 2009.61 and 2009.69 used are wholly obtained.




22.08-22.09


CTH except from headings 22.07 and 22.08, provided that all the materials of subheadings 0806.10, 2009.61 and 2009.69 used are wholly obtained.




Chapter 23


Residues and waste from the food industries; prepared animal fodder




23.01


CTH




23.02-2303.10


CTH, provided that the weight of non-originating materials of Chapter 10 used does not exceed 20 % of the weight of the product.




2303.20-23.08


CTH




23.09


CTH, provided that:






—


all the materials of Chapters 2 and 3 used are wholly obtained;










—


the weight of non-originating materials of Chapter 4 used does not exceed 20 % of the weight of the product;










—


the total weight of non-originating materials of Chapters 10 and 11 and headings 23.02 and 23.03 used does not exceed 20 % of the weight of the product; and










—


the total weight of non-originating materials of headings 17.01 and 17.02 used does not exceed 20 % of the weight of the product.








Chapter 24


Tobacco and manufactured tobacco substitutes; products, whether or not containing nicotine, intended for inhalation without combustion; other nicotine containing products intended for the intake of nicotine into the human body




24.01


Manufacture in which all materials of heading 24.01 are wholly obtained.




2402.10


Manufacture from non-originating materials of any heading, provided that the weight of non-originating materials of heading 24.01 used does not exceed 40 % of the weight of materials of Chapter 24 used.




2402.20


Manufacture from non-originating materials of any heading, except that of the product and of smoking tobacco of subheading 2403.19, and in which at least 10 % by weight of all materials of heading 24.01 used is wholly obtained.




2402.90


Manufacture from non-originating materials of any heading, provided that the weight of non-originating materials of heading 24.01 used does not exceed 40 % of the weight of materials of Chapter 24 used.




2403.11-2404.19


CTH, in which at least 10 % by weight of all materials of heading 24.01 used is wholly obtained.




2404.91-2404.99


CTH




SECTION V


MINERAL PRODUCTS
Section note: For definitions of horizontal processing rules within this Section, see Note 5 of Annex 10-A.




Chapter 25


Salt; sulphur; earths and stone; plastering materials, lime and cement




25.01-25.30


CTH;
or
MaxNOM 70 % (EXW).




Chapter 26


Ores, slag and ash




26.01-26.21


CTH




Chapter 27


Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes




27.01-27.09


Manufacture from non-originating materials of any heading.




27.10


CTH except from biodiesel of subheading 3824.99 or 3826.00; or
Distillation or a chemical reaction is undergone, provided that biodiesel (including hydrotreated vegetable oil) of heading 27.10 and subheadings 3824.99 and 3826.00 used is obtained by esterification, transesterification or hydrotreatment.




27.11-27.15


Manufacture from non-originating materials of any heading.




SECTION VI


PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES
Section note: For definitions of horizontal processing rules within this Section, see Note 5 of Annex 10-A.




Chapter 28


Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes




28.01-28.53


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




Chapter 29


Organic chemicals




2901.10-2905.42


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




2905.43-2905.44


CTH except from heading subheading 3824.60;
or
MaxNOM 40 % (EXW).




2905.45


CTSH; however, materials of the same sub-heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product;
or
MaxNOM 50 % (EXW).




2905.49-2942


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




Chapter 30


Pharmaceutical products




30.01-30.06


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




Chapter 31


Fertilisers




31.01-31.04


CTH, however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product;
or
MaxNOM 40 % (EXW).




31.05


 




- Sodium nitrate
- Calcium cyanamide
- Potassium sulphate
- Magnesium potassium sulphate


CTH, however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product; or
MaxNOM 40 % (EXW).




- Others


CTH, however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product, and in which the value of non-originating materials used does not exceed 50 % of the EXW of the product;
or
MaxNOM 40 % (EXW).




Chapter 32


Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks




32.01-3215.90


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




Chapter 33


Essential oils and resinoids; perfumery, cosmetic or toilet preparations




3301.12-3301.90


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




3302.10


CTH, however, non-originating materials of subheading 3302.10 may be used, provided that their total value does not exceed 20 % of the EXW of the product;
or
MaxNOM 50 % (EXW).




3302.90


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




33.03


Manufactures from non-originating materials of any heading.




33.04-33.07


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




Chapter 34


Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster




34.01-34.07


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




Chapter 35


Albuminoidal substances; modified starches; glues; enzymes




35.01


CTH




3502.11-3502.19


CTH except from headings 04.07 and 04.08.




3502.20-3504.00


CTH




35.05


CTH except from heading 11.08.




35.06-35.07


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




Chapter 36


Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations




36.01-36.06


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




Chapter 37


Photographic or cinematographic goods




37.01-37.07


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




Chapter 38


Miscellaneous chemical products




38.01-38.08


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




3809.10


CTH except from headings 11.08 and 35.05.




3809.91-3822.90


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




38.23


Manufacture from non-originating material of any heading;
or
MaxNOM 50 % (EXW).




3824.10-3824.50


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




3824.60


CTH except from subheadings 2905.43 and 2905.44.




3824.81-3825


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




38.26


Manufacture in which biodiesel is obtained through transesterification, esterification or hydro-treatment.




38.27


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation, or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




SECTION VII


PLASTICS AND ARTICLES THEREOF; RUBBER AND ARTICLES THEREOF
Section note: For definitions of horizontal processing rules within this Section, see Note 5 of Annex 10-A.




Chapter 39


Plastics and articles thereof




39.01-39.15


CTSH;
A chemical reaction, purification, mixing and blending, production of standard materials, a change in particle size, isomer separation or biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).




39.16-39.26


CTH; or
MaxNOM 50 % (EXW).




Chapter 40


Rubber and articles thereof




40.01-40.11


CTH; or
MaxNOM 50 % (EXW).




4012.11-4012.19


CTSH; or
Retreading of used tyres.




4012.20-4017.00


CTH; or
MaxNOM 50 % (EXW).




SECTION VIII


RAW HIDES AND SKINS, LEATHER, FURSKINS AND ARTICLES THEREOF; SADDLERY AND HARNESS; TRAVEL GOODS, HANDBAGS AND SIMILAR CONTAINERS; ARTICLE OF ANIMAL GUT(OTHER THAN SILK-WORM GUT)




Chapter 41


Raw hides and skins (other than furskins) and leather




41.01-4104.19


CTH




4104.41-4104.49


CTSH except from subheadings 4104.41 to 4104.49.




4105.10


CTH




4105.30


CTSH




4106.21


CTH




4106.22


CTSH




4106.31


CTH




4106.32-4106.40


CTSH




4106.91


CTH




4106.92


CTSH




41.07-41.13


CTH except subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32 and 4106.92. However, non-originating materials of subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32 or 4106.92 may be used provided that they undergo a retanning operation.




4114.10


CTH




4114.20


CTH except subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32, 4106.92 and 4107. However, non-originating materials of subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32, 4106.92 and 4107 may be used provided that they undergo a retanning operation.




41.15


CTH




Chapter 42


Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk-worm gut)




42.01-42.06


CTH; or
MaxNOM 50 % (EXW).




Chapter 43


Furskins and artificial fur; manufactures thereof




43.01-4302.20


CTH; or
MaxNOM 50 % (EXW).




4302.30


CTSH




43.03-43.04


CTH; or
MaxNOM 50 % (EXW).




SECTION IX


WOOD AND ARTICLES OF WOOD; WOOD CHARCOAL; CORK AND ARTICLES OF CORK; MANUFACTURES OF STRAW, OF ESPARTO OR OF OTHER PLAITING MATERIALS; BASKETWARE AND WICKERWORK




Chapter 44


Wood and articles of wood; wood charcoal




44.01-44.21


CTH; or
MaxNOM 50 % (EXW).




Chapter 45


Cork and articles of cork




45.01-45.04


CTH




Chapter 46


Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork




46.01-46.02


CTH; or
MaxNOM 50 % (EXW).




SECTION X


PULP OF WOOD OR OF OTHER FIBROUS CELLULOSIC MATERIAL; RECOVERED (WASTE AND SCRAP) PAPER OR PAPERBOARD; PAPER AND PAPERBOARD AND ARTICLES THEREOF




Chapter 47


Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard




47.01-47.07


CTH; or
MaxNOM 50 % (EXW).




Chapter 48


Paper and paperboard; articles of paper pulp, of paper or of paperboard




48.01-48.23


CTH; or
MaxNOM 50 % (EXW).




Chapter 49


Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans




49.01-49.11


CTH; or
MaxNOM 50 % (EXW).




SECTION XI


TEXTILES AND TEXTILE ARTICLES
Section note: For definitions of horizontal processing rules within this Section, see Notes 6, 7 and 8 of Annex 10-A.




Chapter 50


Silk




50.01-50.02


CTH




50.03


 




- Carded or combed:


Carding or combing of silk waste.




- Others:


CTH




50.04-50.05


Spinning of natural fibres;
Extrusion of man-made continuous filament combined with spinning;
Extrusion of man-made continuous filament combined with twisting; or
Twisting combined with any mechanical operation.




50.06


 




- Silk yarn and yarn spun from silk waste:


Spinning of natural fibres;
Extrusion of man-made continuous filament combined with spinning;
Extrusion of man-made continuous filament combined with twisting; or
Twisting combined with any mechanical operation.




- Silk-worm gut:


CTH




50.07


Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).




Chapter 51


Wool, fine or coarse animal hair; horsehair yarn and woven fabric




51.01-51.05


CTH




51.06-51.10


Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.




51.11-51.13


Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving combined with dyeing;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).




Chapter 52


Cotton




52.01-52.03


CTH




52.04-52.07


Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.




52.08-52.12


Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing or with coating or with laminating;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).




Chapter 53


Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn




53.01-53.05


CTH




53.06-53.08


Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.




53.09-53.11


Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving combined with dyeing or with coating or with laminating:
Yarn dyeing combined with weaving:
Weaving combined with printing; or
Printing (as standalone operation).




Chapter 54


Man-made filaments; strip and the like of man-made textile materials




54.01-54.06


Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.




54.07-54.08


Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Yarn dyeing combined with weaving;
Weaving combined with dyeing or with coating or with laminating;
Twisting or any mechanical operation combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).




Chapter 55


Man-made staple fibres




55.01-55.07


Extrusion of man-made fibres.




55.08-55.11


Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.




55.12-55.16


Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing or with coating or with laminating;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).




Chapter 56


Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof




56.01


Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning;
Wadding formation;
Flocking combined with dyeing or with printing; or
Bonding, coating, flocking, laminating, or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing), provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product.




56.02


 




- Needleloom Felt:


Extrusion of man-made fibres combined with fabric formation; however:






—


non-originating polypropylene filament of heading 54.02;










—


non-originating polypropylene fibres of heading 55.03 or 55.06; or










—


non-originating polypropylene filament tow of heading 55.01;




of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used, provided that their total value does not exceed 40 % of the EXW of the product; or
Non-woven fabric formation alone in the case of felt made from natural fibres.




- Others:


Extrusion of man-made fibres combined with fabric formation; or
Non-woven fabric formation alone in the case of other felt made from natural fibres.




5603.11-5603.14


Manufacture from






—


directionally or randomly oriented filaments; or










—


substances or polymers of natural or man-made origin;




followed in both cases by bonding into a nonwoven.




5603.91-5603.94


Manufacture from






—


directionally or randomly oriented staple fibres; or










—


chopped yarns, of natural or man-made origin;




followed in both cases by bonding into a nonwoven.




5604.10


Manufacture from rubber thread or cord, not textile covered.




5604.90


Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.




56.05


Spinning of natural or man-made staple fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.




56.06


Extrusion of man-made fibres combined with spinning;
Twisting combined with gimping;
Spinning of natural or man-made staple fibres; or
Flocking combined with dyeing.




56.07-56.09


Spinning of natural fibres; or
Extrusion of man-made fibres combined with spinning.




Chapter 57


Carpets and other textile floor coverings
Chapter note: For products of this Chapter non-originating jute fabric may be used as a backing.




57.01-57.05


Spinning of natural or man-made staple fibres combined with weaving or with tufting;
Extrusion of man-made filament yarn combined with weaving or with tufting;
Manufacture from coir yarn or sisal yarn or jute yarn or classical ring spun viscose yarn;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;
Extrusion of man-made fibres combined with nonwoven techniques including needle punching; or
Tufting or weaving of man-made filament yarn combined with coating or with laminating




Chapter 58


Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery




58.01-58.04


Spinning of natural or man-made staple fibres combined with weaving or with tufting;
Extrusion of man-made filament yarn combined with weaving or with tufting;
Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).




58.05


CTH




58.06-58.09


Spinning of natural or man-made staple fibres combined with weaving or with tufting;
Extrusion of man-made filament yarn combined with weaving or with tufting;
Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).




58.10


Embroidering in which the value of non-originating materials of any heading, except that of the product, used does not exceed 50 % of the EXW of the product.




58.11


Spinning of natural or man-made staple fibres combined with weaving or with tufting;
Extrusion of man-made filament yarn combined with weaving or with tufting;
Weaving combined with dyeing or with flocking or with coating or with laminating or with metalizing;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).




Chapter 59


Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use




59.01


Weaving combined with dyeing or with flocking or with coating or with laminating or with metalising; or
Flocking combined with dyeing or with printing.




59.02


 




- Containing not more than 90 % by weight of textile materials:


Weaving.




- Others:


Extrusion of man-made fibres combined with weaving.




59.03


Weaving combined with impregnating or with coating or with covering or with laminating or with metalising;
Weaving combined with printing; or
Printing (as standalone operation).




59.04


Calendaring combined with dyeing, coating, laminating or metalizing. Non-originating jute fabric may be used as a backing.
or
Weaving combined with dyeing or with coating or with laminating or with metalising. Non-originating jute fabric may be used as a backing.




59.05


 




- Impregnated, coated, covered or laminated with rubber, plastics or other materials:


Weaving, knitting or non-woven fabric formation combined with impregnating or with coating or with covering or with laminating or with metalising.




- Others:


Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving, knitting or nonwoven fabric formation combined with dyeing or with coating or with laminating;
Weaving combined with printing; or
Printing (as standalone operation).




59.06


 




- Knitted or crocheted fabrics:


Spinning of natural or man-made staple fibres combined with knitting or with crocheting;
Extrusion of man-made filament yarn combined with knitting or with crocheting;
Knitting or crocheting combined with rubberising; or
Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product.




- Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials:


Extrusion of man-made fibres combined with weaving.




- Others:


Weaving, knitting or nonwoven process combined with dyeing or with coating or with rubberising;
Yarn dyeing combined with weaving, knitting or nonwoven process; or
Rubberising combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product.




59.07


Weaving, knitting or nonwoven fabric formation combined with dyeing or with printing or with coating or with impregnating or with covering;
Flocking combined with dyeing or with printing; or
Printing (as standalone operation).




59.08


 




- Incandescent gas mantles, impregnated:


Manufacture from tubular knitted or crocheted gas-mantle fabric.




- Others:


CTH




59.09-59.11


Spinning of natural or of man-made staple fibres combined with weaving;
Extrusion of man-made fibres combined with weaving;
Weaving combined with dyeing or with coating or with laminating; or
Coating, flocking, laminating or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink-resistance processes, heat setting, permanent finishing) provided that the value of non-originating materials used does not exceed 50 % of the EXW of the product.




Chapter 60


Knitted or crocheted fabrics




60.01-60.06


Spinning of natural or man-made staple fibres combined with knitting or with crocheting;
Extrusion of man-made filament yarn combined with knitting or with crocheting;
Knitting or crocheting combined with dyeing or with flocking or with coating or with laminating or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with knitting or with crocheting; or
Twisting or texturing combined with knitting or with crocheting provided that the value of non-originating non-twisted or non-textured yarns used does not exceed 50 % of the EXW of the product.




Chapter 61


Articles of apparel and clothing accessories, knitted or crocheted




61.01-61.17


 




- Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form:


Knitting or crocheting combined with making-up including cutting of fabric.




- Others:


Spinning of natural or man-made staple fibres combined with knitting or with crocheting;
Extrusion of man-made filament yarn combined with knitting or with crocheting; or
Knitting and making-up in one operation.




Chapter 62


Articles of apparel and clothing accessories, not knitted or crocheted




62.01


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.02


 




- Embroidered:


Weaving combined with making-up including cutting of fabric; or
Manufacture from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product.




- Others:


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.03


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.04


 




- Embroidered:


Weaving combined with making-up including cutting of fabric; or
Manufacture from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product.




- Others:


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.05


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.06


 




- Embroidered:


Weaving combined with making-up including cutting of fabric; or
Manufacture from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product.




- Others:


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.07-62.08


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.09


 




- Embroidered:


Weaving combined with making-up including cutting of fabric; or
Manufacture from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product.




- Others:


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.10


 




- Fire-resistant equipment of fabric covered with foil of aluminised polyester:


Weaving combined with making-up including cutting of fabric; or
Coating or laminating combined with making-up including cutting of fabric, provided that the value of non-originating uncoated or unlaminated fabric used does not exceed 40 % of the EXW of the product.




- Others:


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.11


 




- Women's, or girls' garments, embroidered:


Weaving combined with making-up including cutting of fabric; or
Manufacture from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product.




- Others:


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.12


 




- Knitted or crocheted obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form:


Knitting combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




- Others:


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.13-62.14


 




- Embroidered:


Weaving combined with making-up including cutting of fabric;
Manufacture from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




- Others:


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.15


Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.16


 




- Fire-resistant equipment of fabric covered with foil of aluminised polyester:


Weaving combined with making-up including cutting of fabric; or
Coating or laminating combined with making-up including cutting of fabric, provided that the value of non-originating uncoated or unlaminated fabric used does not exceed 40 % of the EXW of the product.




- Others:


Weaving combined with making-up including cutting of fabric: or
Making-up including cutting of fabric preceded by printing (as standalone operation).




62.17


 




- Embroidered:


Weaving combined with making-up including cutting of fabric;
Manufacture from unembroidered fabric, provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product; or
Making-up including cutting of fabric preceded by printing (as standalone operation).




- Fire-resistant equipment of fabric covered with foil of aluminised polyester:


Weaving combined with making-up including cutting of fabric; or
Coating or laminating combined with making-up including cutting of fabric, provided that the value of non-originating uncoated or unlaminated fabric used does not exceed 40 % of the EXW of the product.




- Interlinings for collars and cuffs, cut out:


CTH, provided that the value of all the non-originating materials used does not exceed 40 % of the EXW of the product.




- Others:


Weaving combined with making-up including cutting of fabric.




Chapter 63


Other made up textile articles; sets; worn clothing and worn textile articles; rags




63.01-63.04


 




- Of felt, of nonwovens:


Nonwoven Fabric formation combined with making-up including cutting of fabric.




- Others:
-- Embroidered:


Weaving or knitting or crocheting combined with making-up including cutting of fabric; or
Manufacture from unembroidered fabric (other than knitted or crocheted), provided that the value of non-originating unembroidered fabric used does not exceed 40 % of the EXW of the product.




-- Others:


Weaving, knitting or crocheting combined with making-up including cutting of fabric.




63.05


Extrusion of man-made fibres or spinning of natural or man-made staple fibres, combined with weaving or with knitting and making-up including cutting of fabric.




63.06


 




- Of nonwovens:


Nonwoven fabric formation combined with making-up including cutting of fabric.




- Others:


Weaving combined with making-up including cutting of fabric.




63.07


MaxNOM 40 % (EXW).




63.08


Each item in the set must satisfy the rule which would apply to it if it were not included in the set; however, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the EXW of the set.




63.09-63.10


CTH




SECTION XII


FOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS, WALKING-STICKS, SEAT-STICKS, WHIPS, RIDING-CROPS AND PARTS THEREOF; PREPARED FEATHERS AND ARTICLES MADE THEREWITH; ARTIFICIAL FLOWERS; ARTICLE OF HUMAN HAIR




Chapter 64


Footwear, gaiters and the like; parts of such articles




64.01-64.05


Manufacture from non-originating materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 64.06.




64.06


CTH




Chapter 65


Headgear and Parts Thereof




65.01-65.07


CTH




Chapter 66


Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and parts thereof




66.01-66.03


CTH; or
MaxNOM 50 % (EXW).




Chapter 67


Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair




67.01-67.04


CTH




SECTION XIII


ARTICLES OF STONE, PLASTER, CEMENT, ASBESTOS, MICA OR SIMILAR MATERIALS; CERAMIC PRODUCTS; GLASS AND GLASSWARE




Chapter 68


Articles of stone, plaster, cement, asbestos, mica or similar materials




68.01-68.15


CTH; or
MaxNOM 70 % (EXW).




Chapter 69


Ceramic products




69.01-69.14


CTH




Chapter 70


Glass and glassware




70.01-70.09


CTH; or
MaxNOM 50 % (EXW).




70.10


CTH




70.11


CTH; or
MaxNOM 50 % (EXW).




70.13


CTH except from heading 70.10




70.14-70.20


CTH; or
MaxNOM 50 % (EXW).




SECTION XIV


NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI-PRECIOUS STONES, PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL, AND ARTICLES THEREOF; IMITATION JEWELLERY; COIN




Chapter 71


Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin




71.01-71.05


Manufacture from non-originating materials of any heading.




71.06


 




- Unwrought:


CTH except from headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of non-originating precious metals of headings 71.06, 71.08 and 71.10; or
Fusion or alloying of non-originating precious metals of headings 71.06, 71.08 and 71.10 with each other or with base metals or purification.




- Semi-manufactured or in powder form:


Manufacture from non-originating unwrought precious metals.




71.07


Manufacture from non-originating materials of any heading.




71.08


 




- Unwrought:


CTH except from headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of non-originating precious metals of headings 71.06, 71.08 and 71.10; or
Fusion or alloying of non-originating precious metals of headings 71.06, 71.08 and 71.10 with each other or with base metals or purification.




- Semi-manufactured or in powder form:


Manufacture from non-originating unwrought precious metals




71.09


Manufacture from non-originating materials of any heading.




71.10


 




- Unwrought:


CTH except from headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of non-originating precious metals of headings 71.06, 71.08 and 71.10; or
Fusion or alloying of non-originating precious metals of headings 71.06, 71.08 and 71.10 with each other or with base metals or purification.




- Semi-manufactured or in powder form:


Manufacture from non-originating unwrought precious metals.




71.11


Manufacture from non-originating materials of any heading.




71.12-71.18


CTH




SECTION XV


BASE METALS AND ARTICLES OF BASE METAL




Chapter 72


Iron and Steel




72.01-72.06


CTH




72.07


CTH except from heading 72.06.




72.08-72.17


CTH except from headings 72.08 to 72.17.




72.18


CTH




72.19-72.23


CTH except from headings 72.19 to 72.23.




72.24


CTH




72.25-72.29


CTH except from headings 72.25 to 72.29.




Chapter 73


Articles of iron or steel




7301.10


CC except from headings 72.08 to 72.17.




7301.20


CTH




73.02


CC except from headings 72.08 to 72.17.




73.03


CTH




73.04-73.06


Manufacture from non-originating materials of heading 72.06, 72.07, 72.08, 72.09, 72.10, 72.11, 72.12, 72.18, 72.19, 72.20 or 72.24.




73.07


 




- Tube or pipe fittings of stainless steel:


CTH except from forged blanks; however, non-originating forged blanks may be used provided that their value does not exceed 50 % of the EXW of the product.




- Others:


CTH




73.08


CTH except from subheading 7301.20.




7309.00-7315.19


CTH




7315.20


CTH; or
MaxNOM 50 % (EXW).




7315.81-7326.90


CTH




Chapter 74


Copper and articles thereof




74.01-74.02


CTH




74.03


Manufacture from non-originating materials of any heading.




74.04-74.07


CTH




74.08


CTH and MaxNOM 50 % (EXW)




74.09-74.19


CTH




Chapter 75


Nickel and articles thereof




75.01


CTH




75.02


Manufacture from non-originating materials of any heading.




75.03-75.08


CTH




Chapter 76


Aluminium and articles thereof




76.01


CTH and MaxNOM 50 % (EXW);
or
Manufacture by thermal or electrolytic treatment from unalloyed aluminium or waste and scrap of aluminium.




76.02-76.03


CTH




7604.10-7607.19


CTH and MaxNOM 50 % (EXW).




7607.20


MaxNOM 50 % (EXW).




7608.10-7616.99


CTH and MaxNOM 50 % (EXW).




Chapter 78


Lead and articles thereof




7801.10


Manufacture from non-originating materials of any heading.




7801.91-7806.00


CTH




Chapter 79


Zinc and articles thereof




79.01-79.07


CTH




Chapter 80


Tin and articles thereof




80.01-80.07


CTH




Chapter 81


Other base metals; cermets; articles thereof




81.01-81.13


Manufacture from non-originating materials of any heading.




Chapter 82


Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal




8201.10-8205.70


CTH; or
MaxNOM 50 % (EXW).




8205.90


CTH; however, non-originating tools of heading 82.05 may be incorporated into the set, provided that their total value does not exceed 15 % of the EXW of the set.




82.06


CTH except from headings 82.02 to 82.05; however, non-originating tools of headings 82.02 to 82.05 may be incorporated into the set, provided that their total value does not exceed 15 % of the EXW of the set.




82.07-82.15


CTH; or
MaxNOM 50 % (EXW).




Chapter 83


Miscellaneous articles of base metal




83.01-83.11


CTH; or
MaxNOM 50 % (EXW).




SECTION XVI


MACHINERY AND MECHANICAL APPLIANCES; ELECTRICAL EQUIPMENT; PARTS THEREOF; SOUND RECORDERS AND REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS AND REPRODUCERS, AND PARTS AND ACCESSORIES OF SUCH ARTICLES




Chapter 84


Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof




84.01-84.06


CTH; or
MaxNOM 50 % (EXW).




84.07-84.08


MaxNOM 50 % (EXW).




84.09-84.24


CTH; or
MaxNOM 50 % (EXW).




84.25-84.30


CTH except from heading 84.31; or
MaxNOM 50 % (EXW).




84.31-84.43


CTH; or
MaxNOM 50 % (EXW).




84.44-84.47


CTH except from heading 84.48; or
MaxNOM 50 % (EXW).




84.48-84.55


CTH; or
MaxNOM 50 % (EXW).




84.56-84.65


CTH except from heading 84.66; or
MaxNOM 50 % (EXW).




84.66-84.68


CTH; or
MaxNOM 50 % (EXW).




84.70-84.72


CTH except from heading 84.73; or
MaxNOM 50 % (EXW).




84.73-84.87


CTH; or
MaxNOM 50 % (EXW).




Chapter 85


Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles




85.01-85.02


CTH except from heading 85.03; or
MaxNOM 50 % (EXW).




85.03-85.18


CTH; or
MaxNOM 50 % (EXW).




85.19-85.21


CTH except from heading 85.22; or
MaxNOM 50 % (EXW).




85.22-85.24


CTH; or
MaxNOM 50 % (EXW).




85.25-85.28


CTH except from heading 85.29; or
MaxNOM 50 % (EXW).




85.29-85.34


CTH; or
MaxNOM 50 % (EXW).




85.35-85.37


CTH except from heading 85.38; or
MaxNOM 50 % (EXW).




85.38-85.43


CTH; or
MaxNOM 50 % (EXW).




85.44-85.49


MaxNOM 50 % (EXW).




SECTION XVII


VEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED TRANSPORT EQUIPMENT




Chapter 86


Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds




86.01-86.09


CTH except from heading 86.07; or
MaxNOM 50 % (EXW).




Chapter 87


Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof




87.01-87.07


MaxNOM 45 % (EXW).




87.08-87.11


CTH; or
MaxNOM 50 % (EXW).




87.12


MaxNOM 45 % (EXW).




87.13-87.16


CTH; or
MaxNOM 50 % (EXW).




Chapter 88


Aircraft, spacecraft, and parts thereof




88.01-88.07


CTH; or
MaxNOM 50 % (EXW).




Chapter 89


Ships, boats and floating structures




89.01-89.08


CC; or
MaxNOM 40 % (EXW).




SECTION XVIII


OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING, CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; CLOCKS AND WATCHES; MUSICAL INSTRUMENTS;




Chapter 90


Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof




9001.10-9001.40


CTH; or
MaxNOM 50 % (EXW).




9001.50


CTH; or
Manufacture in which one of the following operations is made:






—


surfacing of the semi-finished lens into a finished ophthalmic lens with optical corrective power meant to be mounted on a pair of spectacles; or










—


coating of the lens through appropriated treatments to improve vision and ensure protection of the wearer; or
MaxNOM 50 % (EXW).








9001.90-9033.00


CTH; or
MaxNOM 50 % (EXW).




Chapter 91


Clocks and watches and parts thereof




91.01-91.14


CTH; or
MaxNOM 50 % (EXW).




Chapter 92


Musical instruments; parts and accessories of such articles




92.01-92.09


MaxNOM 50 % (EXW).




SECTION XIX


ARMS AND AMMUNITION; PARTS AND ACCESSORIES THEREOF




Chapter 93


Arms and ammunition; parts and accessories thereof




93.01-93.07


MaxNOM 50 % (EXW).




SECTION XX


MISCELLANEOUS MANUFACTURED ARTICLES




Chapter 94


Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings




94.01-94.06


CTH; or
MaxNOM 50 % (EXW).




Chapter 95


Toys, games and sports requisites; parts and accessories thereof




95.03-95.08


CTH; or
MaxNOM 50 % (EXW).




Chapter 96


Miscellaneous manufactured articles




96.01-96.04


CTH; or
MaxNOM 50 % (EXW).




96.05


Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the EXW of the set.




96.06-9608.40


CTH; or
MaxNOM 50 % (EXW).




9608.50


Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the EXW of the set.




9608.60-96.20


CTH; or
MaxNOM 50 % (EXW).




SECTION XXI


WORKS OF ART, COLLECTORS' PIECES AND ANTIQUES




Chapter 97


Works of Art, Collectors' Pieces and Antiques




97.01-97.06


CTH









ANNEX 10-C
STATEMENT ON ORIGIN
The statement on origin, the text of which is set out below, shall be drawn up in accordance with the respective footnotes. The footnotes do not have to be reproduced.

Bulgarian version

(Период: от ___ до ___(
1
))
Износителят на продуктите, обхванати от този документ (износител №…(
2
)) декларира, че освен където ясно е отбелязано друго, тези продукти са с …(
3
) преференциален произход.
…
(Място и дата(
4
))
…
(Наименование и подпис на износителя(
5
))

Croatian version

(Razdoblje: od ___________ do __________(
1
))
Izvoznik proizvoda obuhvaćenih ovom ispravom (referentni broj izvoznika: ...............(
2
)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi ...........................................(
3
) preferencijalnog podrijetla.
…
(Mjesto i datum(
4
))
…
(Ime i potpis izvoznika(
5
))

Czech version

(Období: od_________ do_________(
1
))
Vývozce výrobků uvedených v tomto dokumentu (referenční číslo vývozce …(
2
)) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v …(
3
).
…
(Místo a datum(
4
))
…
(Jméno vývozce a podpis(
5
))

Danish version

(Periode: fra den ___________ til den __________(
1
))
Eksportøren af varer, der er omfattet af nærværende dokument, (eksportørreferencenr. …(
2
)) erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i …(
3
).
…
(Sted og dato(
4
))
…
(Eksportørens navn og underskrift(
5
))

Dutch version

(Periode: van___________ tot __________(
1
))
De exporteur van de goederen waarop dit document van toepassing is (referentienr. exporteur …(
2
)) verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn(
3
).
…
(Plaats en datum(
4
))
…
(Naam en handtekening van de exporteur(
5
))

English version

(Period: from___________ to __________(
1
))
The exporter of the products covered by this document (Exporter reference No …(
2
)) declares that, except where otherwise clearly indicated, these products are of … preferential origin(
3
).
…
(Place and date(
4
))
…
(Name and signature of the exporter(
5
))

Estonian version

(Ajavahemik: ___________ kuni __________(
1
))
Käesoleva dokumendiga hõlmatud toodete eksportija (eksportija viitenumber …(
2
)) deklareerib, et need tooted on …(
3
) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.
…
(Koht ja kuupäev(
4
))
…
(Eksportija nimi ja allkiri(
5
))

Finnish version

(___________ ja___________ välinen aika(
1
))
Tässä asiakirjassa mainittujen tuotteiden viejä (viejän viitenumero …(
2
)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita(
3
).
…
(Paikka ja päiväys(
4
))
…
(Viejän nimi ja allekirjoitus(
5
))

French version

(Période: du___________ au __________(
1
))
L'exportateur des produits couverts par le présent document (no de référence exportateur …(
2
)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle …(
3
).
…
(Lieu et date(
4
))
…
(Nom et signature de l'exportateur(
5
))

German version

(Zeitraum: von___________ bis __________(
1
))
Der Ausführer (Referenznummer des Ausführers . …(
2
)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nichts anderes angegeben, präferenzbegünstigte Ursprungswaren …(
3
) sind.
…
(Ort und Datum(
4
))
…
(Name und Unterschrift des Ausführers(
5
))

Greek version

(Περίοδος: από___________ έως__________(
1
))
Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (αριθ. αναφοράς εξαγωγέα. …(
2
)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής …(
3
).
…
(Τόπος και ημερομηνία(
4
))
…
(Όνοματεπώνυμο και υπογραφή του εξαγωγέα(
5
))

Hungarian version

(Időszak: ___________ -tól/től __________ -ig(
1
))
A jelen okmányban szereplő áruk exportőre (az exportőr azonosító száma …(
2
)) kijelentem, hogy eltérő jelzés hiányában az áruk kedvezményes … származásúak(
3
).
…
(Hely és dátum(
4
))
…
(Az exportőr neve és aláírása(
5
))

Irish version

(Tréimhse: (ó___________ go __________(
1)
)
Onnmhaireoir na dtáirgí a chumhdaítear leis an doiciméad seo (uimhir thagartha an Onnmhaireora …(
2
)) dearbhaítear leis seo, seachas sa chás ina sonraítear a mhalairt go soiléir, gur táirgí de thionscnamh …(
3
) tionscnamh fabhrach.
…
(Áit agus dáta(
4
))
…
(Ainm agus síniú an onnmhaireora(
5
))

Italian version

(Periodo: dal___________ al __________(
1
))
L'esportatore delle merci contemplate nel presente documento (numero di riferimento dell'esportatore …(
2
)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale …(
3
).
…
(Luogo e data(
4
))
…
(Nome e firma dell'esportatore(
5
))

Latvian version

(Laikposms: no___________ līdz __________(
1
))
Eksportētājs produktiem, kuri ietverti šajā dokumentā (eksportētāja atsauces numurs …(
2
)), deklarē, ka, iznemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir priekšrocību izcelsme no …(
3
).
…
(Vieta un datums(
4
))
…
(Eksportētāja vārds, uzvārds / nosaukums un paraksts(
5
))

Lithuanian version

(Laikotarpis: nuo___________ iki __________(
1
))
Šiame dokumente išvardintų prekių eksportuotojas (Eksportuotojo registracijos Nr …(
2
)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra …(
3
) preferencinės kilmės prekės.
…
(Vieta ir data(
4
))
…
(Eksportuotojo vardas, pavardė (pavadinimas) ir parašas(
5
))

Maltese version

(Perjodu: minn___________ sa __________(
1
))
L-esportatur tal-prodotti koperti b’dan id-dokument (Numru ta’ Referenza tal-Esportatur …(
2
)) jiddikjara li, ħlief fejn indikat b’mod ċar li mhux hekk, dawn il-prodotti huma ta’ origini preferenzjali …(
3
).
…
(Il-post u d-data(
4
))
…
(Isem u firma tal-esportatur(
5
))

Polish version

(Okres: od___________ do __________(
1
))
Eksporter produktów objętych tym dokumentem (nr referencyjny eksportera …(
2
)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają …(
3
) preferencyjne pochodzenie.
…
(Miejsce i data(
4
))
…
(Nazwa i podpis eksportera(
5
))

Portuguese version

(Período: de ___________ a __________(
1
))
O abaixo assinado, exportador dos produtos cobertos pelo presente documento (referência do exportador n.o …(
2
)) declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial …(
3
).
…
(Local e data(
4
))
…
(Nome e assinatura do exportador(
5
))

Romanian version

(Perioada: de la ___________ până la __________(
1
))
Exportatorul produselor ce fac obiectul acestui document [numărul de referință al exportatorului …(
2
)] declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferenţială …(
3
).
…
[Locul și data(
4
)]
…
[Denumirea și semnătura exportatorului(
5
)]

Slovak version

(Obdobie: od___________ do __________(
1
))
Vývozca výrobkov uvedených v tomto dokumente (referenčné číslo vývozcu …(
2
)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v …(
3
).
…
(Miesto a dátum(
4
))
…
(Názov/meno vývozcu a podpis(
5
))

Slovenian version

(Obdobje: od___________ do __________(
1
))
Izvoznik blaga, zajetega s tem dokumentom, (referenčna št. izvoznika …(
2
)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialn …(
3
) poreklo.
…
(Kraj in datum(
4
))
…
(Ime in podpis izvoznika(
5
))

Spanish version

(Período: de___________ a __________(
1
))
El exportador de los productos incluidos en el presente documento (número de referencia del exportador …(
2
)) declara que, salvo clara indicación en sentido contrario, estos productos gozan de un origen preferencial …(
3
).
…
(Lugar y fecha(
4
))
…
(Nombre y firma del exportador(
5
))

Swedish version

(Period: från___________ till __________(
1
))
Exportören av de varor som omfattas av detta dokument (exportörens referensnummer . …(
2
)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ursprung i …(
3
).
…
(Ort och datum(
4
))
…
(Exportörens namn och underskrift(
5
))






(1)


If the statement on origin is completed for multiple shipments of identical originating products within the meaning of subparagraph (b) of Article 10.17(5) of this Agreement, indicate the period for which the statement on origin is to apply. That period shall not exceed 12 months. All importations of the product must occur within the period indicated. If a period is not applicable, the field may be left blank.










(2)


Indicate the reference number by which the exporter is identified. For the EU Party exporter, this will be the number assigned in accordance with the laws and regulations of the European Union. For the Chilean exporter, this will be the number assigned in accordance with the laws and regulations applicable within Chile. Where the exporter has not been assigned a number, this field may be left blank.










(3)


Indicate the origin of the product: Chile or the European Union (EU). If the statement on origin relates, in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 10.29 of this Agreement, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.










(4)


Place and date may be omitted if the information is contained on the document itself.










(5)


In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.









ANNEX 10-D
JOINT DECLARATIONS
JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA








1.


Chile shall accept products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonized System as originating in the European Union within the meaning of Part III of this Agreement.












2.


Paragraph 1 applies provided that, by virtue of the customs union established by the Agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra, done at Luxembourg on 28 June 1990, the Principality of Andorra applies to products originating in Chile the same preferential tariff treatment as the EU Party applies to such products.












3.


Chapter 10 shall apply mutatis mutandis for the purposes of defining the originating status of products referred to in paragraph 1 of this Joint Declaration.




JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO








1.


Chile shall accept products originating in the Republic of San Marino as originating in the European Union within the meaning of Part III of this Agreement.












2.


Paragraph 1 applies provided that, by virtue of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, done at Brussels on 16 December 1991, the Republic of San Marino applies to products originating in Chile the same preferential tariff treatment as the EU Party applies to such products.












3.


Chapter 10 shall apply mutatis mutandis for the purposes of defining the originating status of products referred to in paragraph 1 of this Joint Declaration.









ANNEX 10-E
EXPLANATORY NOTES

1.   
When applying Article 10.17, the Parties shall comply with the following guidelines:






(a)


when an invoice or other commercial document includes originating and non-originating products, the products should be identified as such in those documents, and non-originating products shall be clearly identified separately. There is no set way to identify separately the non-originating products. However, it could be done by:






(i)


indicating in brackets behind every item of goods on the commercial document whether the products are originating or not;










(ii)


using two headings on the invoice, namely originating products and non-originating products, and listing the products under the corresponding heading; or










(iii)


attributing a number to each of the products and indicating which of the numbers relate to originating products and which relate to non-originating products;














(b)


a statement on origin made out on the back of the invoice or any other commercial document is acceptable;










(c)


a statement on origin can be made out by typing, printing, handwriting or stamping the text on the invoice or other commercial document, including a photocopy of the document; the document should show the name and full address of the exporter and consignee, as well as a detailed description of the products, to enable their identification, and the date on which the statement on origin was made out, if different to the date of the invoice or other commercial document; the tariff classification should preferably be indicated at least at a heading level (four-digit code) under the Harmonized System on the invoice or other commercial document; the gross mass (kg) or other unit of measurement, such as liters or m3, as appropriate, for all the originating products should also be indicated;










(d)


a statement on origin can be made out on a separate sheet of paper, with or without a letterhead; if it is made out on a separate sheet of paper, that sheet shall be made part of the invoice or other commercial document by including a reference to that sheet in the invoice or other commercial document;










(e)


if the invoice or other commercial document contains several pages, each page should be numbered and the total number of pages should be mentioned; a separate sheet with the statement of origin can be used to make reference to that invoice or other commercial document;










(f)


the statement on origin may be made out on a label that is permanently affixed to an invoice or other commercial document provided that there is no doubt that the label has been affixed by the exporter;










(g)


for greater certainty, while the statement on origin shall be made out by the exporter, and the exporter shall bear the responsibility to provide sufficient detail to identify the originating product, there is no requirement regarding the identity or the place of establishment of the person completing the invoice or other commercial document, provided that that document allows the clear identification of the exporter;










(h)


if it is not possible for the exporter to make out the statement on origin on the invoice or other commercial document, an invoice or other commercial document of a third country may be used, for example where a consignment of originating products is split in a third country under the conditions of Article 10.14;










(i)


other commercial documents can be, for example, an accompanying delivery note, a pro-forma invoice or a packing list.






2.   
When applying Article 10.18, the Parties shall not reject a claim for preferential tariff treatment on the basis of discrepancies between the statement on origin and the documents submitted to the customs office, or minor errors in the statement on origin, which do not raise doubts concerning the accuracy of the information contained in the import documentation and which do not affect the originating status of the products; such discrepancies or minor errors may include:






(a)


typing errors in the description of the product, the exporter's or consignee's name or address, or the commercial document number;










(b)


errors in additional information regarding the exporter or consignee, such as the phone number, postal code or email address;










(c)


an incorrect reference to the tariff classification, unless it affects the originating status or preferential tariff treatment of the product.






3.   
However, a claim for preferential tariff treatment may be rejected on the basis of the following errors in the statement on origin:






(a)


an incorrect exporter reference number; and










(b)


an inaccurate description of the product or tariff classification that affects its originating status or preferential tariff treatment.










ANNEX 13-A
COMPETENT AUTHORITIES

1.   
For the EU Party, with respect to its competent authorities, control in the area of sanitary and phytosanitary matters is shared between the relevant authorities of the Member States and the European Commission. In that respect, the following applies:






(a)


as regards exports to Chile, the relevant authorities of the Member States are responsible for control of the circumstances and requirements of production, including statutory inspections, and for the issuance of health certificates, including animal welfare, attesting the agreed standards and requirements;










(b)


as regards imports from Chile, the relevant authorities of the Member States are responsible for control of the compliance of imports with the import conditions of the EU Party; and










(c)


the European Commission is responsible for the overall coordination, inspection, audits of inspection systems and the legislative actions necessary to ensure uniform application of standards and requirements within the internal European Union market.






2.   
For Chile, the Ministry of Agriculture, through the Servicio Agrícola y Ganadero, is the competent authority for the administration of all requirements, related to:






(a)


sanitary and phytosanitary measures applied to the import and export of terrestrial animals, terrestrial animal products, plants, plant products and other products covered by sanitary and phytosanitary measures;










(b)


sanitary and phytosanitary measures adopted to reduce the risk of terrestrial animal diseases and plant pests entering Chile and to control their eradication or spread; and










(c)


the issuing of sanitary and phytosanitary export certificates for terrestrial animal and plant products.






3.   

The Ministry of Health of Chile is the competent authority for food safety control of all foods, whether domestically produced or imported, intended for human consumption, as well as for the food safety certification of elaborated nutritious products for export, except for aquatic products.



4.   

The Servicio Nacional de Pesca y Acuicultura of the Ministry of Economy of Chile is the competent authority for the control of food safety of aquatic products for export and for the issuance of the corresponding official certificates. It is also responsible for the protection of the health of aquatic animals, the sanitary certification of aquatic animals for export, and the control of imports of aquatic animals, bait and food used in aquaculture.







ANNEX 13-B
LIST OF ANIMAL DISEASES AND PESTS, SUBJECT TO NOTIFICATION, FOR WHICH REGIONAL FREEDOM MAY BE RECOGNISED

          
      



Appendix 13-B-1
TERRESTRIAL AND AQUATIC ANIMAL DISEASES SUBJECT TO NOTIFICATION, FOR WHICH THE STATUS OF A PARTY IS RECOGNISED AND FOR WHICH REGIONALISATION DECISIONS MAY BE TAKEN
All the animal diseases listed in the most recent version of the World Organisation for Animal Health (‘WOAH’) list, included in the International Animal Health Code for terrestrial and aquatic animals.




Appendix 13-B-2
PESTS SUBJECT TO NOTIFICATION, FOR WHICH THE STATUS OF A PARTY IS RECOGNISED AND FOR WHICH REGIONALISATION DECISIONS MAY BE TAKEN

1.   
For the EU Party:






(a)


pests not known to occur in any part of the European Union and relevant for the entire EU Party, or for part of it, as listed in Part A of Annex II to Commission Implementing Regulation (EU) 2019/2072 (1);










(b)


pests known to occur in the European Union and relevant for the entire EU Party, as listed in Part B of Annex II to Implementing Regulation (EU) 2019/2072; and










(c)


pests known to occur in the European Union and for which pest free areas or protected zones are established, as listed in Annex III to Implementing Regulation (EU) 2019/2072.






2.   
For Chile:






(a)


pests not known to occur in any part of Chile, as listed in Article 20 of Resolution No 3080/2003 of Servicio Agrícola y Ganadero (2);










(b)


pests known to occur in Chile and under official control, as listed in Article 21 of Resolution No 3080/2003 of Servicio Agrícola y Ganadero; and










(c)


pest known to occur in Chile, under official control and for which pest free areas are established, as listed in Articles 6 and 7 of Resolution No 3080/2003 of Servicio Agrícola y Ganadero.







(1)  Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ EU L 319, 10.12.2019, p. 1).

(2)  
            Resolución No 3080 Exenta del Servicio Agrícola y Ganadero, que establece criterios de regionalización en relación a las plagas cuarentenarias para el territorio de Chile (Diario Oficial 7 de noviembre de 2003
            ) (Resolution No 3080 Exempt of Servicio Agrícola y Ganadero, establishing criteria for regionalisation in relation to the quarantine pests for the territory of Chile (Official Gazette 7 November 2003)).






ANNEX 13-C
REGIONALISATION AND ZONING

1.   
Basis for recognition of status and regionalisation decisions with regard to terrestrial and aquatic animal diseases:






(a)


animal diseases:






(i)


the basis for recognition of the status of a Party or a region of a Party with regard to an animal disease shall be the ‘Recognition of the disease/infection free status of a country or a zone and epidemiological surveillance systems’ of the International Animal Health Code of the WOAH; and










(ii)


the basis for recognition of regionalisation decisions for an animal disease shall be the ‘Zoning and regionalisation’ of the International Animal Health Code of the WOAH; and














(b)


aquatic animal diseases: the basis for recognition of regionalisation decisions for aquaculture diseases shall be the International Aquatic Health Code of the WOAH.






2.   
Criteria for the establishment of a region free from certain pests, pursuant to Article 13.7(2), shall comply with:






(a)


the FAO International Standard for Phytosanitary Measures 4 ‘Requirements for the establishment of pest free areas’ and the relevant definitions of the FAO International Standard for Phytosanitary Measures 5 ‘Glossary of phytosanitary terms’; or










(b)


Article 32 of Regulation (EU) 2016/2031 of the European Parliament of the Council (1).






3.   
Criteria for the recognition of the special status of a territory or a region of a Party with respect to a specific animal disease:






(a)


where the importing Party considers that its territory or part of its territory is free from an animal disease other than those diseases listed in the most recent version of the WOAH list, it shall present to the exporting Party appropriate supporting documentation setting out, in particular, the following criteria:






(i)


the nature of the disease and the history of its occurrence in its territory;










(ii)


the results of surveillance testing based on serological, microbiological, pathological or epidemiological investigation and on the fact that the disease must be notified to the competent authorities;










(iii)


the period during which the surveillance was carried out;










(iv)


where applicable, the period during which vaccination against the disease has been prohibited and the geographical area concerned; and










(v)


the arrangements for verifying the absence of the disease;














(b)


if the importing Party requires additional guarantees, general or specific, pursuant to subparagraph (c) of Article 13.6(1), those guarantees shall not exceed the guarantees that the importing Party implements; and










(c)


a Party shall notify the other Party of any change in the criteria specified in subparagraph (a) of this paragraph which relate to the disease; any additional guarantees established by the importing Party in accordance with subparagraph (b) of this paragraph may, following that notification, be amended or withdrawn.







(1)  Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ EU L 317, 23.11.2016, p. 4).





ANNEX 13-D
CONDITIONS AND PROCEDURE FOR APPROVAL OF ESTABLISHMENTS FOR IMPORTS OF ANIMALS, ANIMAL PRODUCTS, PRODUCTS OF ANIMAL ORIGIN AND ANIMAL BY-PRODUCTS

1.   

The importing Party may require the approval of establishments of the exporting Party for the importation of animals, animal products, products of animal origin and animal by-products.



2.   

The importing Party shall approve establishments of the exporting Party on the basis of appropriate guarantees provided by the exporting Party without prior verification by the importing Party of the individual establishments.



3.   

The importing Party shall apply the procedure for the approval to all categories of establishments of animals, animal products, products of animal origin and animal by-products.



4.   

The importing Party shall draw up lists of approved establishments and make those lists publicly available. It shall modify or complete those lists to take account of new applications and guarantees received.



5.   
Approval is subject to the following conditions and procedure:






(a)


the importing Party has authorised the import of the animal product concerned from the exporting Party and the relevant import conditions and certification requirements for the products concerned have been established;










(b)


the competent authority of the exporting Party has provided the importing Party with satisfactory guarantees that the establishments appearing on its list or lists meet the relevant health requirements of the importing Party, and has officially approved the establishments appearing on the lists for exportation to the importing Party;










(c)


the competent authority of the exporting Party is empowered to suspend activities for exportation to the importing Party from an establishment for which that authority has provided guarantees in the event of non-compliance with those guarantees; and










(d)


verification by the importing Party, carried out in accordance with Article 13.11, may be part of the approval procedure and may relate to the following:






(i)


the structure and organisation of the competent authority responsible for the approval of the establishment, as well as the empowerment of that competent authority and the guarantees it is able to provide regarding the implementation of the rules of the importing Party;










(ii)


on-the-spot inspection of a representative number of establishments appearing on the list or lists provided by the exporting Party; or










(iii)


in the EU Party, individual Member States.










6.   

Based on the results of the verification provided for in subparagraph (d) of paragraph 5, the importing Party may amend the existing list of establishments.







ANNEX 13-E
PROCESS FOR DETERMINATION OF EQUIVALENCE

1.   
The following principles for determination of equivalence apply:






(a)


the Parties may determine equivalence for an individual measure or a group of measures or systems related to animals, animal products, plants, plant products and other products covered by sanitary or phytosanitary measures;










(b)


the consideration of determination of equivalence shall not be a reason to disrupt or suspend trade of animals, animal products, plants, plant products and other products covered by sanitary or phytosanitary measures;










(c)


the determination of equivalence of measures is an interactive process between the exporting Party and the importing Party, consisting of an objective demonstration of equivalence of individual measures by the exporting Party and the objective assessment of that demonstration with a view to the possible recognition of equivalence by the importing Party; and










(d)


the final recognition of equivalence of the relevant measures of the exporting Party rests solely with the importing Party.






2.   
The following preconditions for initiation of the process for determination of equivalence apply:






(a)


the exporting Party shall not initiate a process of determination of equivalence if the importing Party has not authorised the import of the animals, animal products, plants, plant products and other products covered by sanitary or phytosanitary measures for which equivalence is sought; the authorisation depends on the health or pest status, the laws and regulations and the effectiveness of the inspection and control system related to the animals, animal products, plants, plant products and other products covered by sanitary or phytosanitary measures in the exporting Party; the laws and regulations applicable to the sector concerned shall be taken into account, as well as the structure of the competent authority of the exporting Party, its chain of command, its powers, its operational procedures and resources, and the performance of the competent authorities as regards inspection and control systems, including its level of enforcement related to the animals, animal products, plants, plant products and other products covered by sanitary or phytosanitary measures and the regularity and rapidity of information given to the importing Party in case of identified hazards; the process of determination of equivalence may be supported by documentation, verification, and earlier documented experience;










(b)


the Parties shall initiate the process for determination of equivalence in accordance with the priorities established in Appendix 13-E-1; and










(c)


the exporting Party shall only initiate the process if no safeguard measures imposed by the importing Party apply to the exporting Party as regards the animals, animal products, plants, plant products and other products covered by the sanitary or phytosanitary measures concerned.






3.   
The following applies to the process for determination of equivalence:






(a)


the exporting Party shall submit to the importing Party a request for recognition of equivalence of an individual measure or a group of measures or systems applicable to animals, animal products, plants, plant products and other products covered by sanitary or phytosanitary measures;










(b)


the request of the exporting Party shall:






(i)


explain the importance for trade of the animals, animal products, plants, plant products and other products covered by the sanitary or phytosanitary measures in relation to which recognition of equivalence is requested;










(ii)


identify all of the measures constituting import conditions applicable to the animals, animal products, plants, plant products and other products covered by sanitary or phytosanitary measures of the importing Party with which the exporting Party can comply; and










(iii)


identify all of the measures constituting import conditions applicable to the animals, animal products, plants, plant products and other products covered by sanitary or phytosanitary measures of the importing Party in relation to which the exporting Party requests recognition of equivalence;














(c)


the exporting Party shall objectively demonstrate to the importing Party, in accordance with paragraph 4, that the measure it has identified is equivalent to the import conditions for that commodity;










(d)


the importing Party shall objectively assess, in accordance with paragraph 4, the demonstration of equivalence by the exporting Party;










(e)


the importing Party shall determine whether equivalence is achieved or not; and










(f)


the importing Party shall provide the exporting Party with a full explanation and supporting data for its determination and decision on request of the exporting Party.






4.   
The following applies for the demonstration of equivalence by the exporting Party and the assessment thereof by the importing Party:






(a)


the exporting Party shall objectively demonstrate equivalence for the measure of the importing Party identified pursuant to subparagraph (b)(ii) of paragraph 3; if appropriate, equivalence shall be objectively demonstrated for any plan or programme required by the importing Party as a condition to allow import, for example, a residue plan; and










(b)


the Parties shall, to the extent possible, base the objective demonstration and assessment on:






(i)


internationally recognised standards;










(ii)


standards based on proper scientific evidence;










(iii)


risk assessment;










(iv)


objective earlier documented experience;










(v)


legal status or level of administrative status of the measures; or










(vi)


level of implementation and enforcement which shall be based on, in particular:






(A)


results of surveillance and monitoring programmes;










(B)


results of verification by the exporting Party;










(C)


results of analysis with recognised analysis methods;










(D)


results of verification and import checks carried out by the importing Party;










(E)


the performance of the competent authorities of the exporting Party; and










(F)


earlier experiences.














5.   

If, following the assessment of the demonstration of equivalence, the importing Party determines that equivalence is not achieved, it shall provide the exporting Party with an explanation.





Appendix 13-E-1
PRIORITY SECTORS OR SUB-SECTORS FOR WHICH EQUIVALENCE MAY BE RECOGNISED
The Sub-Committee referred to in Article 13.16 may recommend that the Joint Council amend this Appendix pursuant to Article 13.8(5).






ANNEX 13-F
GUIDELINES FOR CONDUCTING VERIFICATIONS

1.   
For the purposes of this Annex:






(a)


‘auditee’ means the Party subject to the verification; and










(b)


‘auditor’ means the Party that carries out the verification.






2.   
The following general principles apply to verifications:






(a)


a Party may carry out verifications on the basis of audits or on-the-spot checks;










(b)


verifications shall be made in cooperation between the auditor and the auditee in accordance with this Annex;










(c)


the auditor shall design the verifications to check the effectiveness of the controls of the auditee rather than to reject individual animals, groups of animals, consignments of food establishments or individual lots of plants or plant products;










(d)


where a verification reveals a serious risk to human, animal or plant health, the auditee shall take immediate corrective action;










(e)


the verification may include a study of the relevant regulations, method of implementation, assessment of the result, level of compliance and subsequent corrective actions;










(f)


a Party shall base the frequency of verifications on performance; a low level of performance shall result in an increased frequency of verifications; unsatisfactory performance shall be corrected by the auditee to the auditor's satisfaction; and










(g)


a Party shall carry out verifications, and the decisions based on them, in a transparent and consistent manner.






3.   
The auditor shall prepare a plan, preferably in accordance with recognised international standards, that covers the following elements:






(a)


the subject and scope of the verification;










(b)


the date and place of the verification, accompanied by a timetable up to and including the issuing of the final report;










(c)


the language or languages in which the verification will be conducted and in which the report will be written;










(d)


the identity of the auditor or auditors, including the leader if a team approach is used; specialised professional skills of auditors may be required to carry out verification of specialised systems and programmes;










(e)


a schedule of meetings with officials and visits to establishments or facilities, as appropriate; it is not necessary for the auditor to state in advance the identity of the establishments or facilities to be visited;










(f)


the auditor shall respect commercial confidentiality, subject to provisions on freedom of information, and avoid any conflict of interest; and










(g)


the auditor shall respect the rules governing occupational health and safety and the rights of the operator; the auditor shall give the representatives of the auditee the opportunity to review the plan in advance.






4.   
The following principles apply to actions taken by the auditee, in order to facilitate verification:






(a)


the auditee shall fully cooperate with the auditor and shall nominate personnel responsible for that cooperation; cooperation may include, inter alia, facilitating:






(i)


access to all relevant regulations and standards, compliance programmes, and appropriate records and documents;










(ii)


access to audit and inspection reports;










(iii)


access to documentation concerning corrective actions and sanctions; and










(iv)


entry to establishments; and














(b)


the auditee shall operate a documented programme to demonstrate to the auditor that standards are being met on a consistent and uniform basis.






5.   
The following procedures and principles apply to verifications:






(a)


the representatives of the Parties shall hold an opening meeting at which the auditor shall review the verification plan and confirm that adequate resources, documentation, and any other necessary facilities are available for conducting the verification;










(b)


a document review may consist of a review of:






(i)


the documents and records referred to in subparagraph (a);










(ii)


the structure and powers of the auditee;










(iii)


any relevant changes to the inspection and certification systems made after the entry into force of this Agreement or after the previous verification;










(iv)


implementation of the system of inspection and certification for animals, animal products, plants or plant products; and










(v)


relevant inspection and certification records and documents;














(c)


the following principles apply to on-the-spot checks:






(i)


a decision to include on-the-spot-checks shall be based on a risk assessment, taking into account factors such as the animals, animal products, plants or plant products concerned, the history of conformity with requirements by the industry sector or exporting country, the production volume and import or export production, changes in infrastructure and the national inspection and certification systems; and










(ii)


on-the-spot-checks may include visits to production and manufacturing facilities, food-handling or storage areas and control laboratories to check the compliance with the information contained in the documentation referred to in subparagraph (a); and














(d)


if a follow-up verification is carried out in order to verify the correction of deficiencies, it may be sufficient to verify only those points which have been found to require correction.






6.   
The Parties shall, to the largest extent possible, standardise forms for reporting audit findings and conclusions in order to achieve a more uniform, transparent and efficient verification. The working documents may include a checklist of elements to verify, which may cover:






(a)


legislation;










(b)


structure and operations of inspection and certification services;










(c)


details and working procedures, health statistics, sampling plans and results of the establishment;










(d)


compliance action and procedures;










(e)


reporting and complaint procedures; and










(f)


training programmes.






7.   

The representatives of the Parties, including, where appropriate, officials responsible for national inspection and certification programs, shall hold a closing meeting. At that meeting, the auditor shall present the findings of the verification in a clear and concise manner, so that the conclusions of the audit are clearly understood by the auditee. The auditee shall draw up an action plan for correction of any deficiencies noted, preferably with target dates for completion.



8.   

A draft report of verification shall, within 20 working days, be forwarded to the auditee, who shall have 25 working days to comment on the draft report. Comments made by the auditee shall be attached to and, where appropriate, included in the final report. However, where a significant human, animal or plant health risk has been identified during the verification, the auditee shall be informed as quickly as possible, and in any event within 10 working days of the end of the verification.







ANNEX 13-G
IMPORT CHECKS AND INSPECTION FEES

1.   
The following principles apply to import checks:






(a)


import checks consist of documentary checks, identity checks and physical checks;










(b)


as regards animals and animal products, the physical checks and their frequency rate shall be based on the risk associated with such imports;










(c)


in carrying out the checks for plant health purposes, the importing Party shall ensure that the plants, plant products and other goods and their packaging shall be meticulously inspected on an official basis, either in their entirety or by means of a representative sample, and that, if necessary, the vehicles transporting them shall be inspected meticulously on an official basis in order to make sure that they, as far as can be determined, are not contaminated by pests; and










(d)


in the event that the checks reveal non-conformity with the relevant standards or requirements, the importing Party shall take official measures proportionate to the risk identified; whenever possible, the importer or its representative shall be given access to the consignment and the opportunity to contribute any relevant information to assist the importing Party in taking a final decision concerning the consignment; such decision shall be proportionate to the risk involved.






2.   
The following frequency rates for physical checks apply:






(a)


for animals and animal products:






(i)


for imports into the EU Party:






Type of frontier check


Frequency rate










1.


Documentary checks






100 %










2.


Identity checks






100 %










3.


Physical checks






 




Live animals


100 %




Category I products






—


Fresh meat including offal, and products of the bovine, ovine, caprine, porcine and equine species defined in Regulation (EC) No 853/2004 of the European Parliament and of the Council (1)











—


Fish products in hermetically sealed containers intended to render them stable at ambient temperatures, fresh and frozen fish and dry and/or salted fisheries products










—


Whole eggs










—


Lard and rendered fats










—


Animal casings










—


Hatching eggs






20 %




Category II products






—


Poultry meat and poultry meat products










—


Rabbit meat, game meat (wild/farmed) and products thereof










—


Milk and milk products for human consumption










—


Egg products










—


Processed animal protein for human consumption










—


Other fisheries products than those mentioned under 20 %










—


Bivalve molluscs










—


Honey






50 %




Category III products






—


Semen










—


Embryos










—


Manure










—


Milk and milk products (not for human consumption)










—


Gelatin










—


Frog's legs and snails










—


Bones and bone products










—


Hides and skins










—


Bristles, wool, hair and feathers










—


Horns, horn products, hooves and hoof products










—


Apiculture products










—


Game trophies










—


Processed petfood










—


Raw material for the manufacture of petfood










—


Raw material, blood, blood products, glands and organs for pharmaceutical or technical use










—


Hay and straw










—


Pathogens










—


Processed animal protein (packaged)






minimum of 1 % maximum of 10 %




Processed animal protein not for human consumption (bulked)


100 % for the first six consignments (Commission Regulation (EU) No 142/2011) (2), then 20 %














(ii)


for imports into Chile:






Type of frontier check


Frequency rate










1.


Documentary checks






100 %










2.


Identity checks






100 %










3.


Physical checks






 










4.


Live animals






100 %




Category 1 products






—


Bovine fresh meat






50 %




(Post physical check with finding = next 10 shipments).


100 %




Category 2 products






—


Fresh meats of poultry, sheep, goats, swine, equine and wild species










—


Reptile and amphibian meat










—


Processed meat (bovine, pork, poultry)










—


Milk and dairy products










—


Honey










—


Whole eggs










—


Guts










—


Offal










—


Tendons, cartilages, bovine diaphragm pillars










—


Semen and embryos










—


Feather meal, shell meal, meat and bone meal










—


Oils and baits










—


Blood products










—


Extract of meat, extract of glands






20 %




(Post physical check with finding = next 10 shipments).


50 %




Category 3 products






—


Kangaroo meat










—


Reptile meat










—


Canned meat and canned meat products










—


Sea bird guano










—


Feathers, hair, bristles and manes










—


Collagen, gelatin










—


Blood, serum, plasma in vitro use










—


Ready meals










—


Bile and culture media










—


Beeswax










—


Leathers various species










—


Royal jelly and propolis










—


Meat extract










—


Wool, except industrialised wool










—


Bacon, fats, edible pork skin










—


Animal blood, serum and plasma for in vitro use










—


Tendons and cartilage










—


Animal fat (bacon, edible leather)










—


Jerky










—


Trophies and stuffed animals










—


Tanned, semi-tanned, wet blue and pickled leathers










—


Industrialized, dyed and tops wool










—


Balanced petfood






Minimum 1 %
Maximum10 %




(Post physical check with finding = next 10 shipments).


20 %


















(b)


for plants and plant products:






(i)


for imports into the EU Party, for plants, plant products and other goods listed in Annex XI to Commission Implementing Regulation (EU) 2019/2072 (3):






Type of frontier check


Frequency rate










1.


Documentary checks






100 %










2.


Identity checks






100 %










3.


Physical checks






Plants, plant products and other goods, and their packaging, shall be meticulously inspected on an official basis, either in their entirety or by representative sample; if necessary, the vehicles transporting them shall be inspected meticulously on an official basis in order to make sure that they, as far as can be determined, are not contaminated by pests.














(ii)


for imports into Chile:






(A)


documentary checks concern inspection of all documents relating to consignment to determine compliance with phytosanitary certification;










(B)


physical checks:






(B.1)


physical verification concerns inspection of consignments to determine the degree of industrialisation or transformation, for instance, to verify if a product is frozen, dried or toasted;










(B.2)


phytosanitary inspection is an official visual examination of plants, plant products or other regulated articles to determine if pests are present or to determine compliance with phytosanitary regulations.














(C)


reception concerns international conveyances for the determination of the phytosanitary status.










Type of frontier check


Frequency rate










1.


Documentary checks






100 %










2.


Identity checks






100 %










3.


Physical checks:






—


physical verification










—


phytosanitary inspection










Plants, plant products and other regulated goods, and their packaging shall be meticulously inspected on an official basis, either in their entirety or by representative sample; if necessary, the vehicles transporting them shall be inspected meticulously on an official basis in order to make sure that they, as far as can be determined, are not contaminated by pests.




Plants, plant products and other regulated articles that represent a phytosanitary risk


Type of frontier checks




Seeds, plants and parts of plants for propagation, reproduction or planting.


Documentary checks
Identity checks
Phytosanitary inspection




Organism and microorganism used in biological control, pollinizers, producers of certain substances or investigation.


Documentary checks
Identity checks
Phytosanitary inspection




Plant products:


 




Plant material submitted to one or more processes of industrialisation or transformation which implies a transformation of the original characteristics, which consequently cannot be affected directly by pest, but which can transport pest or suffer infestation as a result of the storage conditions.


Documentary checks
Identity checks
Physical verification




Plant material that despite being submitted to a process of industrialisation, can be affected by pests or harbour pests.


Documentary checks
Identity checks
Phytosanitary inspection




Fresh plants products for consumption, by direct use or following transformation, which can be affected by pests or harbour pests.


Documentary checks
Identity checks
Phytosanitary inspection




Other regulated articles that represent a phytosanitary risk


 




Growing medias


Documentary checks
Identity checks
Phytosanitary inspection




Bio-fertilizers


Documentary checks
Identity checks
Phytosanitary inspection




Conveyances


Reception




Wood packaging materials


Phytosanitary inspection




Containers


Phytosanitary inspection




Used machinery and vehicles which have
been operated for agricultural or forestry purposes


Documentary checks
Identity checks
Phytosanitary inspection















(1)  Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ EU L 139, 30.4.2004, p. 55).

(2)  Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ EU L 54, 26.2.2011, p. 1).

(3)  Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ EU L 319, 10.12.2019, p. 1).





ANNEX 13-H
CERTIFICATION

1.   
The following principles of certification apply:






(a)


with respect to certification of plants and plant products and other goods, the competent authorities shall implement Articles 100 and 101 of Regulation (EU) 2016/2031 of the European Parliament of the Council (1) and the principles laid down in the FAO International Standards for Phytosanitary Measures 7 ‘Export Certification System’ and in the FAO International Standards for Phytosanitary Measures 12 ‘Guidelines for Phytosanitary Certificates’; and










(b)


with respect to the certification of animals and animal products:






(i)


the competent authorities of each Party shall ensure that certifying officers have a satisfactory knowledge of the veterinary legislation with regard to the animals or animal products to be certified and, in general, that they are informed of the rules to be followed for drawing up and issuing the certificates and, if necessary, regarding the nature and extent of the enquiries, tests or examinations which are to be carried out before certification;










(ii)


certifying officers shall not certify data of which they have no personal knowledge, or which cannot be ascertained by them;










(iii)


certifying officers shall not sign blank or incomplete certificates, or certificates relating to animals or animal products which they have not inspected or which have passed out of control of the certifying officers; where a certificate is signed on the basis of another certificate or attestation, the certifying officer shall be in possession of that certificate or attestation before signing;










(iv)


a certifying officer may certify data which have been:






(A)


ascertained on the basis of subparagraphs (b)(i), (b)(ii) and (b)(iii) by another person so authorised by the competent authority and acting under the control of that authority, provided that the certifying authority can verify the accuracy of the data to be certified; or










(B)


obtained, within the context of monitoring programmes, by reference to officially recognised quality assurance schemes or by means of an epidemiological surveillance system that are authorised under veterinary legislation;














(v)


the competent authorities of each Party shall take all necessary steps to ensure the integrity of the certification; in particular, they shall ensure that certifying officers designated by them:






(A)


have a status which ensures their impartiality and have no direct commercial interest in the animals or products being certified or in the holdings or establishments in which they originate; and










(B)


are fully aware of the significance of the contents of each certificate which they sign;














(vi)


certificates shall be drawn up in a manner which ensures a link between the certificate and the consignment, at least in a language understood by the certifying officer and at least in one of the official languages of the importing Party as set out in paragraph 3;










(vii)


each competent authority shall be able to link certificates to the relevant certifying officer and ensure that a copy of all certificates issued is available for a period to be determined by that competent authority;










(viii)


each Party shall introduce the necessary checks and take the control measures necessary to prevent the issuing of false or misleading certification and the fraudulent production or use of certificates purportedly issued for the purposes of veterinary legislation; and










(ix)


without prejudice to legal proceedings or penalties, the competent authorities shall carry out investigations or checks and take appropriate measures to impose sanctions for any false or misleading certification brought to their attention; such measures may include the temporary suspension of the certifying officers from their duties until the investigation is over; in particular:






(A)


if, in the course of the checks, a certifying officer is found to have intentionally issued a fraudulent certificate, the competent authority shall take all necessary measures to ensure, as far as possible, that the officer concerned will not be able to repeat the offence; and










(B)


if, in the course of the checks, an individual or an undertaking is found to have made fraudulent use of, or to have altered an official certificate, the competent authority shall take all necessary measures to ensure, as far as possible, that the individual or undertaking will not be able to repeat the offence; such measures may include a refusal to issue an official certificate to the individual or undertaking concerned.














2.   

With regard to the certificate referred to in Article 13.9(5), the health attestation in the certificate shall reflect the status of equivalence of the product concerned. The health attestation shall state compliance with the production standards of the exporting Party recognised as equivalent by the importing Party.



3.   
The use of the following official languages for certification applies:






(a)


for import into the EU Party:






(i)


for plants, plant products and other goods, the certificate shall be drawn up in at least one of the official languages of the European Union and preferably in one of the official languages of the Member State of destination;










(ii)


for animals and animal products, the health certificate shall be drawn up in at least one of the official languages of the Member State of destination and in one of the official languages of the Member State in which the import checks provided for in Article 13.12 are carried out; and














(b)


for import into Chile, the health certificate shall be drawn up in Spanish, or in another language, in which case a translation into Spanish shall be provided.







(1)  Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ EU L 317, 23.11.2016, p. 4).





ANNEX 15-A
LISTS OF ENERGY GOODS, RAW MATERIALS AND HYDROCARBONS

1.   
List of energy goods by HS code:






(a)


solid fuels (HS code 27.01, 27.02 and 27.04);










(b)


crude oil (HS code 27.09);










(c)


oil products (HS code 27.10 and 27.13-27.15);










(d)


natural gas, including liquefied natural gas and liquefied petroleum gas (HS code 27.11); and










(e)


electrical energy (HS code 27.16).






2.   
List of raw materials by HS chapter:






Chapter


Heading




25


Salt; sulphur; earths and stone; plastering materials, lime and cement




26


Ores, slag and ash




27


Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes




28


Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes




29


Organic chemicals




71


Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof – however excluding natural or cultured pearls, precious or some-precious stones




72


Iron and steel




74


Copper and articles thereof




75


Nickel and articles thereof




76


Aluminium and articles thereof




78


Lead and articles thereof




79


Zinc and articles thereof




80


Tin and articles thereof




81


Other base metals; cermets; articles thereof






3.   
List of hydrocarbons by HS code:






(a)


crude oil (HS code 27.09); and










(b)


natural gas (HS code 27.11).










ANNEX 15-B
EXPORT PRICING CONDITIONS REFERRED TO IN ARTICLE 15.5(2)

1.   
A measure that Chile introduces or maintains pursuant to Article 15.5(2) shall meet all of the following conditions:






(a)


it shall not result in an export restriction on exports to the EU Party pursuant to Article 9.11;










(b)


it shall not adversely affect the capacity of the EU Party to source raw materials from Chile;










(c)


if the raw material is supplied at a preferential price to an economic operator in a third country, that shall be accorded immediately and unconditionally to economic operators in like situations in the EU Party; and










(d)


it shall not result in a preferential price that is below the lowest price for exports of the same good realised during the preceding 12 months.






2.   

In accordance with the laws and regulations of Chile, the measure referred to in paragraph 1 and the way it is implemented shall be made publicly available and on request of the EU Party, Chile shall share with the EU Party detailed and reliable information on the product scope, the production volume that is covered by the measure, whether domestic sales at preferential prices have taken place, and the domestic price that has resulted from the measure.







ANNEX 16-A
INTERNATIONAL STANDARDISATION ORGANISATIONS RECOGNISED BY THE PARTIES

1.   

Bureau International des Poids et Mesures (BIPM);



2.   

Codex Alimentarius Commission;



3.   

International Civil Aviation Organization (ICAO);



4.   

International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use (ICH);



5.   

International Electrotechnical Commission (IEC);



6.   

International Labour Organization (ILO);



7.   

International Maritime Organization (IMO);



8.   

International Olive Council (IOC);



9.   

International Organisation of Vine and Wine (OIV);



10.   

International Organization for Standardization (ISO);



11.   

International Organization of Legal Metrology (OIML);



12.   

International Telecommunication Union (ITU);



13.   

United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UN/SCEGHS);



14.   

Universal Postal Union (UPU);



15.   

World Forum for Harmonization of Vehicle Regulations (WP.29) within the framework of the United Nations Economic Commission for Europe (UNECE); and



16.   

World Organisation for Animal Health (WOAH).







ANNEX 16-B
CONFORMITY ASSESSMENT – FIELDS AND SPECIFICITIES

1.   
List of fields (1):






(a)


safety aspects of electrical and electronic equipment as defined in paragraph 2;










(b)


safety aspects of machinery as defined in paragraph 2;










(c)


electromagnetic compatibility of equipment as defined in paragraph 2;










(d)


energy efficiency including eco-design requirements;










(e)


restriction of the use of certain hazardous substances in electrical and electronic equipment; and










(f)


sanitary appliances.






2.   
For the purposes of this Annex:






(a)


‘electromagnetic compatibility of equipment’ means the electromagnetic compatibility (disturbance and immunity) of equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents, with the exception of:






(i)


equipment for use in an explosive atmosphere;










(ii)


equipment for use for radiology or medical purposes;










(iii)


electrical parts for goods and passenger lifts;










(iv)


radio equipment used by radio amateurs;










(v)


measuring instruments;










(vi)


non-automatic weighing instruments;










(vii)


inherently benign equipment; and










(viii)


custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes;














(b)


‘energy efficiency’ means the ratio of output of performance, service, goods or energy to input of energy of a product with an impact on energy consumption during use, and in light of the efficient allocation of resources;










(c)


‘safety aspects of electrical and electronic equipment’ means the safety aspects of equipment, other than machinery, which is dependent on electric currents in order to work properly and equipment for the generation, transfer and measurement of such currents and which is designed for use with a voltage rating between 50 V and 1 000 V for alternating current and between 75 V and 1 500 V for direct current, as well as equipment which intentionally emits or receives electromagnetic waves of frequencies lower than 3 000 GHz with the purpose of radio communication or radiodetermination, with the exception of:






(i)


equipment for use in an explosive atmosphere;










(ii)


equipment for use for radiology or medical purposes;










(iii)


electrical parts for goods and passenger lifts;










(iv)


radio equipment used by radio amateurs;










(v)


electricity meters;










(vi)


plugs and socket outlets for domestic use;










(vii)


electric fence controllers;










(viii)


toys;










(ix)


custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes; or










(x)


construction products for permanent incorporation in buildings or civil engineering works the performance of which has an effect on the performance of the building or civil engineering works, such as cables, fire alarms, electric doors;














(d)


‘safety aspects of machinery’ means the safety aspects of an assembly consisting of at least one moving part, powered by a drive system using one or more sources of energy such as thermal, electric, pneumatic, hydraulic or mechanical energy, arranged and controlled so that they function as an integral whole, with the exception of high-risk machinery, as defined by each Party.










(e)


‘sanitary appliances’ means toilets, whirlpools, kitchen sinks, urinals, baths, shower trays, bidets or wash basins.






3.   

Pursuant to Article 16.9(7), the Joint Council may amend the list of fields in paragraph 1 of this Annex.



4.   
Notwithstanding paragraph 1, a Party may introduce requirements for mandatory third-party testing or certification for the fields specified in this Annex, for products falling within the scope of this Annex, under the following conditions:






(a)


there are compelling reasons related to the protection of human health and safety that justify the introduction of any such requirements;










(b)


introduction of any such requirements is supported by substantiated technical or scientific information regarding the performance of those products;










(c)


any such requirements are not more trade-restrictive than necessary to fulfil the Party's legitimate objective, taking account of the risks that non-fulfilment would create; and










(d)


the Party could not have reasonably foreseen the need for introducing any such requirements at the time of the entry into force of this Agreement.





Before introducing any such requirements, the Party shall notify the other Party and, following consultations, take the comments of the other Party into account, to the greatest extent possible, in drawing up any such requirements.


(1)  For greater certainty, this Annex does not cover whole aircraft, vessels, railways, motor vehicles as well as specialised maritime, railway, aviation or vehicle equipment.





ANNEX 16-C
ON MOTOR VEHICLES AND EQUIPMENT AND PARTS THEREOF

1.   
For the purposes of this Annex:






(a)


‘1958 Agreement’ means the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts Which Can Be Fitted and/or Be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions, done at Geneva on 20 March 1958;










(b)


‘HS 2017’ means the 2017 edition of Harmonized System Nomenclature issued by the World Customs Organization;










(c)


‘UNECE’ means the United Nations Economic Commission for Europe; and










(d)


‘UN Regulations’ means Technical Regulations adopted in accordance with the 1958 Agreement.






2.   

Terms used in this Annex shall have the same meaning as the terms defined in the 1958 Agreement or in Annex 1 of the TBT Agreement.



3.   

This Annex applies to trade between the Parties in all categories of motor vehicles, equipment and parts thereof, as defined in paragraph 1.2. of UNECE Consolidated Resolution on the Construction of Vehicles (R.E.3) (1), falling, inter alia, under Chapters 40, 84, 85, 87, 90 and 94 of the HS 2017 (hereinafter referred to as ‘products covered’).



4.   
With regard to the products covered, the objectives of this Annex are to:






(a)


eliminate and prevent non-tariff barriers to bilateral trade;










(b)


facilitate the approval of new motor vehicles based on approval schemes set out, inter alia, in the 1958 Agreement;










(c)


establish competitive market conditions based on principles of openness, non-discrimination and transparency; and










(d)


secure the protection of human health, safety and the environment, recognising the right of each Party to determine its desired level of protection and regulatory approaches.






5.   

The Parties recognise that the UN Regulations are relevant international standards for the products covered.



6.   

The importing Party shall accept on its market new motor vehicles or new motor vehicle equipment or parts thereof provided the manufacturer has certified in accordance with the importing Party's applicable laws and regulations that the vehicle or equipment or parts thereof comply with the corresponding safety standards or technical regulations applicable in the importing Party (2).



7.   

The Parties acknowledge that Chile has incorporated in its technical regulations certain technical regulations of the EU Party and UNECE and the acceptance of the corresponding test reports and type-approval certificates.



8.   

Chile shall accept type-approval certificates of the EU Party and of UNECE issued in accordance with the technical regulations of the EU Party and of UNECE as attesting compliance of products covered with the technical regulations of Chile, without further testing or marking requirements to verify or attest compliance with requirements covered by those type-approvals of the EU Party or of UNECE, unless it would create a risk for human health, safety or the environment, according to the technical regulations of Chile.



9.   

Chile may amend its technical regulations if it considers that the technical regulations of the EU Party or of UNECE no longer represent its desired level of protection, or create a risk for human health, safety or the environment. Before introducing such amendments, Chile shall inform the EU Party through the contact points designated pursuant to Article 16.13, and on request, provide information on the rationale of those amendments.



10.   

The competent authorities of the importing Party may verify that the products covered comply with all the relevant technical regulations of the importing Party. The verification shall be carried out by random sampling in the market and in accordance with the technical regulations of the importing Party.



11.   

The importing Party may require the supplier to withdraw a product from its market if the product concerned does not comply with those technical regulations.



12.   

Without prejudice to the right of each Party to adopt measures necessary for road safety, the protection of the environment or public health and the prevention of deceptive practices according to its desired level of protection, each Party shall refrain from nullifying or impairing the benefits accruing to the other Party under this Annex through regulatory measures specific to the products covered.



13.   

The importing Party shall endeavour to permit the importation and marketing of products incorporating a new technology or a new feature, which the importing Party has not yet regulated, unless it has a reasonable doubt about its safety, based on scientific or technical information, to the effect that that new technology or new feature creates a risk for human health, safety or environment. If the importing Party decides to refuse placement on the market, it shall notify that decision to the other Party as soon as possible.



14.   

The Parties shall cooperate and exchange information on any matter relevant to the implementation of this Annex within the Sub-Committee on Technical Barriers to Trade.




(1)  ECE/TRANS/WP.29/78/Rev.6 of 11 July 2017.

(2)  For greater certainty, nothing in this paragraph shall be construed as preventing a Party from accepting on its market new motor vehicles or new motor vehicle equipment and parts certified according to safety and emission standards of a third country or from requiring certification of compliance with existing motor vehicle safety and emission standards that a Party maintains on the date of entry into force of this Agreement, subject to paragraph 7.





ANNEX 16-D
ARRANGEMENT REFERRED TO IN SUBPARAGRAPH (b) OF ARTICLE 16.7(5) FOR THE SYSTEMATIC EXCHANGE OF INFORMATION ON THE SAFETY OF CONSUMER PRODUCTS AND ON RELATED PREVENTIVE, RESTRICTIVE AND CORRECTIVE MEASURES
The Joint Council may amend this Annex pursuant to Article 16.7(10).





ANNEX 16-E
ARRANGEMENT REFERRED TO IN ARTICLE 16.7(6) ON THE REGULAR EXCHANGE OF INFORMATION ON MEASURES TAKEN WITH RESPECT TO NON-COMPLIANT NON-FOOD PRODUCTS, OTHER THAN THOSE COVERED BY ARTICLE 16.7(5)
The Joint Council may amend this Annex pursuant to Article 16.7(10).





ANNEX 17-A
RESERVATIONS FOR EXISTING MEASURES
Headnotes








1.


The schedules of the Parties in Appendices 17-A-1 and 17-A-2 set out, pursuant to Articles 17.14 and 18.8, the reservations taken by the Parties with respect to existing measures that do not conform with obligations imposed by:






(a)


Article 18.6;










(b)


Article 17.9 or 18.4;










(c)


Article 17.11;










(d)


Article 17.13; or










(e)


Article 17.12.
















2.


The reservations of a Party are without prejudice to the rights and obligations of the Parties under GATS.












3.


Each reservation sets out the following elements:






(a)


‘sector’ refers to the general sector in which the reservation is taken;










(b)


‘sub-sector’ refers to the specific sector in which the reservation is taken;










(c)


‘industry classification’ refers, where applicable, to the activity covered by the reservation according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described in that reservation;










(d)


‘type of reservation’ specifies the obligation referred to in paragraph 1 of this Annex for which the reservation is taken;










(e)


‘level of government’ indicates the level of government maintaining the measure for which the reservation is taken;










(f)


‘measures’ identifies the laws or other measures as qualified, where indicated, by the ‘description’ element for which the reservation is taken; a ‘measure’ cited in the ‘measures’ element:






(i)


means the measure as amended, continued or renewed as of the date of entry into force of this Agreement;










(ii)


includes any subordinate measure adopted or maintained under the authority of, and consistent with, the measure; and










(iii)


in respect of the schedule of the EU Party, includes any laws or other measures which implement a directive at Member State level; and














(g)


‘description’ sets out the non-conforming aspects of the existing measure for which the reservation is taken.
















4.


For greater certainty, if a Party adopts a new measure at a level of government different to that at which the reservation was originally taken, and that new measure effectively replaces, within the territory to which it applies, the non-conforming aspect of the original measure cited in the ‘measures’ element, the new measure shall be deemed to constitute a modification to the original measure within the meaning of subparagraph (c) of Article 17.14(1) or subparagraph (c) of Article 18.8(1).












5.


In the interpretation of a reservation, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant obligations laid down in the Chapters or Sections against which the reservation is taken. The ‘measures’ element shall prevail over all other elements.












6.


For the purposes of the schedules of the Parties, ‘ISIC Rev. 3.1’ means the International Standard Industrial Classification of All Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 4, ISIC Rev. 3.1, 2002.












7.


For the purposes of the schedules of the Parties, a reservation for a requirement to have a local presence in the territory of the Parties is taken with respect to Article 18.6, and not with respect to Article 18.4 or, in Annex 17-C, with respect to Article 18.7. Furthermore, such a requirement is not taken as a reservation with respect to Article 17.9.












8.


A reservation taken at the level of the EU Party applies to a measure of the European Union, to a measure of a Member State at the central level or to a measure of a government within a Member State, unless the reservation excludes a Member State. A reservation taken by a Member State applies to a measure of a government at the central, regional or local level within that Member State. For the purposes of the reservations of Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers. For the purposes of the reservations of the EU Party, a regional level of government in Finland means the Åland Islands. A reservation taken at the level of Chile applies to a measure of the central government or a local government.












9.


The schedules of the Parties do not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures where they do not constitute a limitation within the meaning of Article 17.9, 18.4 or 18.6. Those measures may include, in particular, the need to obtain a licence, to satisfy universal service obligations, to have recognised qualifications in regulated sectors, to pass specific examinations, including language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, to have a local agent for service, or to maintain a local address, or any other non-discriminatory requirements that certain activities may not be carried out in protected zones or areas. Although they are not listed in this Annex, such measures continue to apply.












10.


For greater certainty, for the EU Party, the obligation to grant national treatment does not entail a requirement to extend to natural or juridical persons of Chile the treatment granted in a Member State, pursuant to the Treaty on the Functioning of the European Union, or any measure adopted pursuant to that Treaty, including their implementation in the Member States, to:






(a)


natural persons or residents of another Member State; or










(b)


juridical persons constituted or organised under the law of another Member State or of the European Union and having their registered office, central administration or principal place of business in the European Union.
















11.


Treatment granted to juridical persons established by investors of a Party in accordance with the law of the other Party (including, in the case of the EU Party, the law of a Member State) and having their registered office, central administration or principal place of business within that other Party, is without prejudice to any condition or obligation, pursuant to Chapter 17, which may have been imposed on such juridical person when it was established in that other Party, and which shall continue to apply.












12.


The schedules of the Parties apply only to the territories of the Parties in accordance with Article 41.2 and are only relevant in the context of trade relations between the EU Party and Chile. They do not affect the rights and obligations of the Member States under European Union law.












13.


The following abbreviations are used in the schedule of the EU Party:






 


EU European Union, including all its Member States










 


AT Austria










 


BE Belgium










 


BG Bulgaria










 


CY Cyprus










 


CZ Czechia










 


DE Germany










 


DK Denmark










 


EE Estonia










 


EL Greece










 


ES Spain










 


FI Finland










 


FR France










 


HR Croatia










 


HU Hungary










 


IE Ireland










 


IT Italy










 


LT Lithuania










 


LU Luxembourg










 


LV Latvia










 


MT Malta










 


NL Netherlands










 


PL Poland










 


PT Portugal










 


RO Romania










 


SE Sweden










 


SI Slovenia










 


SK Slovakia










 


EEA European Economic Area











Appendix 17-A-1
SCHEDULE OF THE EU PARTY
Reservation No. 1 – All sectors
Reservation No. 2 – Professional services (except health-related professions)
Reservation No. 3 – Professional services (health related and retail of pharmaceuticals)
Reservation No. 4 – Research and development services
Reservation No. 5 – Real estate services
Reservation No. 6 – Business services
Reservation No. 7 – Construction services
Reservation No. 8 – Distribution services
Reservation No. 9 – Education services
Reservation No. 10 – Environmental services
Reservation No. 11 – Health services and social services
Reservation No. 12 – Tourism and travel related services
Reservation No. 13 – Recreational, cultural and sporting services
Reservation No. 14 – Transport services and services auxiliary to transport services
Reservation No. 15 – Energy related activities
Reservation No. 16 – Agriculture, fishing and manufacturing
Reservation No. 1 – All sectors






Sector:


All sectors




Type of reservation:


National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors




Chapter/Section:


Investment liberalisation and Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:






(a)


Type of establishment
With respect to Investment liberalisation – National treatment:
The EU: Treatment granted pursuant to the Treaty on the Functioning of the European Union to juridical persons formed in accordance with the law of the European Union or of a Member State and having their registered office, central administration or principal place of business within the European Union, including those established in the European Union by investors of Chile, is not accorded to juridical persons established outside the European Union, nor to branches or representative offices of such juridical persons, including to branches or representative offices of juridical persons of Chile.
Treatment less favourable may be accorded to juridical persons formed in accordance with the law of the European Union or of a Member State which have only their registered office in the European Union, unless it can be shown that they possess an effective and continuous link with the economy of one of the Member States.
Measures:
EU: Treaty on the Functioning of the European Union.
With respect to Investment liberalisation – National treatment, Senior management and boards of directors:
This reservation applies only to health, social or education services:
The EU (applies also to the regional level of government): Any Member State, when selling or disposing of its equity interests in, or the assets of, an existing state enterprise or an existing governmental entity providing health, social or education services (CPC 93, 92), may prohibit or impose limitations on the ownership of such interests or assets, and/or restrict the ability of owners of such interests and assets to control any resulting enterprise, with respect to investors of Chile or their enterprises. With respect to such a sale or other disposition, any Member State may adopt or maintain any measure relating to the nationality of senior management or members of the boards of directors.
For the purposes of this reservation:






(i)


any measure maintained or adopted after the date of entry into force of this Agreement that, at the time of the sale or other disposition, prohibits or imposes limitations on the ownership of equity interests or assets or imposes nationality requirements as described in this reservation shall be deemed to be an existing measure; and










(ii)


‘state enterprise’ means an enterprise owned or controlled through ownership interests by any Member State and includes an enterprise established after the date of entry into force of this Agreement solely for the purposes of selling or disposing of equity interests in, or the assets of, an existing state enterprise or governmental entity.




Measures:
EU: As set out in the description element as indicated above.
With respect to Investment liberalisation – National Treatment:
In AT: For the operation of a branch, non-European Economic Area (non-EEA) corporations must appoint at least one person responsible for its representation who is resident in Austria.
Executives (managing directors, natural persons) responsible for the observance of the Austrian Trade Act (Gewerbeordnung) must be domiciled in Austria.
In BG: Foreign juridical persons, unless established under the law of a Member State of the EEA, may conduct business and pursue activities if established in the Republic of Bulgaria in the form of a company registered in the Commercial Register. Establishment of branches is subject to authorisation.
Representative offices of foreign enterprises are to be registered with the Bulgarian Chamber of Commerce and Industry and may not engage in economic activity but are only entitled to advertise their owner and act as representatives or agents.
In EE: If the residence of at least half of the members of the management board of a private limited company, a public limited company or a branch is not in Estonia, in another Member State of the EEA or in the Swiss Confederation, the private limited company, the public limited company or the foreign company shall appoint a point of contact whose Estonian address can be used for the delivery of the procedural documents of the undertaking and the declarations of intent addressed to the undertaking (i.e. the branch of a foreign company).
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, and Cross-border trade in services – Local presence:
In FI: At least one of the partners in a general partnership or of the general partners in a limited partnership needs to have residency in the EEA or, if the partner is a juridical person, be domiciled (no branches allowed) in the EEA. Exemptions may be granted by the registration authority.
To carry on trade as a private entrepreneur, residency in the EEA is required.
If a foreign organisation from a country outside the EEA intends to carry on a business or trade by establishing a branch in Finland, a trade permit is required.
Residency in the EEA is required for at least one of the ordinary and one of the deputy members of the board of directors and for the managing director. Company exemptions may be granted by the registration authority.
In SE: A foreign company which has not established a legal entity in Sweden or is conducting its business through a commercial agent shall conduct its commercial operations through a branch, registered in Sweden, with independent management and separate accounts. The managing director and the vice-managing director, if appointed, of the branch, must reside in the EEA. A natural person not resident in the EEA who conducts commercial operations in Sweden shall appoint and register a resident representative responsible for the operations in Sweden. Separate accounts shall be kept for the operations in Sweden. The competent authority may in individual cases grant exemptions from the branch and residency requirements. Building projects with a duration of less than a year, conducted by a company located or a natural person residing outside the EEA, are exempted from the requirements of establishing a branch or appointing a resident representative.
For limited liability companies and co-operative economic associations, at least 50 % of the members of the board of directors, at least 50 % of the deputy board members, the managing director, the vice-managing director, and at least one of the persons authorised to sign for the company, if any, must reside within the EEA. The competent authority may grant exemptions from this requirement. If none of the company's or society's representatives reside in Sweden, the board must appoint and register a person resident in Sweden who has been authorised to receive servings on behalf of the company or society.
Corresponding conditions prevail for establishment of all other types of legal entities.
In SK: A foreign natural person whose name is to be registered in the appropriate register (Commercial register, Entrepreneurial or other professional register) as a person authorised to act on behalf of an entrepreneur is required to submit a residence permit for Slovakia.
Measures:
AT: Aktiengesetz, BGBL. Nr. 98/1965, § 254 (2);
GmbH-Gesetz, RGBL. Nr. 58/1906, § 107 (2); and Gewerbeordnung, BGBL. Nr. 194/1994, § 39 (2a).
BG: Commercial Law, Article 17a; and
Law for Encouragement of Investments, Article 24.
EE: Äriseadustik (Commercial Code) § 631 (1, 2 and 4).
FI: Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919), § 1;
Osuuskuntalaki (Co-Operatives Act) 1488/2001;
Osakeyhtiölaki (Limited Liabilities Company Act) (624/2006); and
Laki luottolaitostoiminnasta (Act on Credit Institutions) (121/2007).
SE: Lag om utländska filialer m.m (Foreign Branch Offices Act) (1992:160);
Aktiebolagslagen (Companies Act) (2005:551);
The Co-operative Economic Associations Act (2018:672); and Act on European Economic Interest Groupings (1994:1927).
SK: Act 513/1991 on Commercial Code (Article 21); Act 455/1991 on Trade Licensing; and
Act no 404/2011 on Residence of Aliens (Articles 22 and 32).
With respect to Investment liberalisation – National Treatment and Performance requirements:
In BG: Established enterprises may employ third-country nationals only for positions for which there is no requirement for Bulgarian nationality. The total number of third-country nationals employed by an established enterprise over a period of the preceding 12 months must not exceed 20 % (35 % for small and medium-sized enterprises) of the average number of Bulgarian nationals, nationals of other Member States, of states parties to the Agreement on the EEA or of the Swiss Confederation hired on an employment contract. In addition, the employer must demonstrate that there is no suitable Bulgarian, EU, EEA or Swiss worker for the respective position by conducting a labour market test before employing a third-country national.
For highly qualified, seasonal and posted workers, as well as for intra-corporate transferees, researchers and students there is no limitation on the number of third-country nationals working for a single enterprise. For the employment of third-country nationals in these categories, no labour market test is required.
Measures:
BG: Labour Migration and Labour Mobility Act.
With respect to Investment liberalisation – National treatment:
In PL: The scope of operations of a representative office may only encompass advertising and promotion of the foreign parent company represented by the office. For all sectors except legal services, establishment by non-European Union investors and their enterprises may only be in the form of a limited partnership, limited joint-stock partnership, limited liability company, and joint-stock company, while domestic investors and enterprises have access also to the forms of non-commercial partnership companies (general partnership and unlimited liability partnership).
Measures:
PL: Act of 6 March 2018 on rules regarding economic activity of foreign entrepreneurs and other foreign persons in the territory of the Republic of Poland.










(b)


Acquisition of real estate
With respect to Investment liberalisation – National treatment:
In AT (applies to the regional level of government): The acquisition, purchase and rental or leasing of real estate by non-European Union natural persons and enterprises requires authorisation by the competent regional authorities (Länder). Authorisation will only be granted if the acquisition is considered to be in the public (in particular economic, social and cultural) interest.
In CY: Cypriots or persons of Cypriot origin, as well as nationals of a Member State, are allowed to acquire any property in Cyprus without restrictions. A foreigner shall not acquire, otherwise than mortis causa, any immovable property without obtaining a permit from the Council of Ministers. For foreigners, where the acquisition of immovable property exceeds the extent necessary for the erection of a premises for a house or professional roof, or otherwise exceeds the extent of two donums (2 676 square meter), any permit granted by the Council of Ministers shall be subject to such terms, limitations, conditions and criteria which are set by Regulations made by the Council of Ministers and approved by the House of Representatives. A foreigner is any person who is not a citizen of the Republic of Cyprus, including a foreign controlled company. The term does not include foreigners of Cypriot origin or non-Cypriot spouses of citizens of the Republic of Cyprus.
In CZ: Specific rules apply to agricultural land under state ownership. State agricultural land can be acquired only by Czech nationals, nationals of another Member State, or states parties to the Agreement on the EEA or the Swiss Confederation. Juridical persons can acquire state agriculture land from the state only if they are agricultural entrepreneurs in the Czech Republic or persons with similar status in other Member State, or states parties to the Agreement on the EEA or the Swiss Confederation.
In DK: Natural persons who are not resident in Denmark, and who have not previously been resident in Denmark for a total period of five years, must in accordance with the Danish Acquisition Act obtain permission from the Ministry of Justice to acquire title to real property in Denmark. This also applies for juridical persons that are not registered in Denmark. For natural persons, acquisition of real property will be permitted if the applicant is going to use the real property as his or her primary residence.
For juridical persons that are not registered in Denmark, acquisition of real property will in general be permitted if the acquisition is a prerequisite for the business activities of the purchaser. Permission is also required if the applicant is going to use the real property as a secondary dwelling. Such permission will only be granted if the applicant through an overall and concrete assessment is regarded to have particular strong ties to Denmark.
Permission under the Acquisition Act is only granted for the acquisition of a specific real property. The acquisition of agricultural land by natural or juridical persons is, in addition, governed by the Danish Agricultural Holdings Act, which imposes restrictions on all persons, Danish or foreign, when acquiring agricultural property. Accordingly, any natural or juridical person who wishes to acquire agricultural real property must fulfil the requirements in this Act. This generally means that a limited residence requirement on the agricultural holding applies. The residence requirement is not personal. Legal entities must be of the types listed in § 20 and § 21 of the Act and must be registered in the Union or EEA.
In EE: A juridical person from an OECD Member State has the right to acquire an immovable which contains:






(i)


less than ten hectares of agricultural land, forest land or agricultural and forest land in total without restrictions;










(ii)


ten hectares or more of agricultural land if the juridical person has been engaged, for three years immediately preceding the year of making the transaction of acquisition of the immovable, in production of agricultural products listed in Annex I to the Treaty on the Functioning of the European Union, except fishery products and cotton (‘agricultural product’);










(iii)


ten hectares or more of forest land if the juridical person has been engaged, for three years immediately preceding the year of making the transaction of acquisition of the immovable, in forest management within the meaning of the Forest Act (hereinafter referred to as ‘forest management’) or the production of agricultural products;










(iv)


less than ten hectares of agricultural land and less than ten hectares of forest land, but ten hectares or more of agricultural and forest land in total, if the juridical person has been engaged, for three years immediately preceding the year of making the transaction of acquisition of the immovable, in the production of agricultural products or forest management.




If a juridical person does not meet the requirements provided for in subparagraphs (ii), (iii) and (iv), the juridical person may acquire an immovable which contains ten hectares or more of agricultural land, forest land or agricultural and forest land in total only with the authorisation of the council of the local government of the location of the immovable to be acquired.
Restrictions on acquiring immovable property apply in certain geographical areas for non-EEA nationals.
In EL: Real estate acquisition or tenancy in the border regions is prohibited to natural or juridical persons whose nationality or base is outside the Member States and the European Free Trade Association. The ban may be lifted with a discretionary decision taken by a committee of the appropriate Decentralised Administration (or the Minister of National Defence in case the properties to be exploited belong to the Fund for the Exploitation of Private Public Property).
In HR: Foreign companies are only allowed to acquire real estate for the supply of services if they are established and incorporated in Croatia as juridical persons. Acquisition of real estate necessary for the supply of services by branches requires the approval of the Ministry of Justice. Agricultural land cannot be acquired by foreigners.
In MT: Non-nationals of a Member State may not acquire immovable property for commercial purposes. Companies with 25 % (or more) of non-European Union shareholding must obtain an authorisation from the competent authority (Minister responsible for Finance) to buy immovable property for commercial or business purposes. The competent authority will determine whether the proposed acquisition represents a net benefit to the Maltese economy.
In PL: The acquisition of real estate, direct and indirect, by foreigners requires a permit. A permit is issued through an administrative decision by a minister competent in internal affairs, with the consent of the Minister of National Defence, and in the case of agricultural real estate, also with the consent of the Minister of Agriculture and Rural Development.
Measures:
AT: Burgenländisches Grundverkehrsgesetz, LGBL. Nr. 25/2007;
Kärntner Grundverkehrsgesetz, LGBL. Nr. 9/2004;
NÖ- Grundverkehrsgesetz, LGBL. 6800;
OÖ- Grundverkehrsgesetz, LGBL. Nr. 88/1994;
Salzburger Grundverkehrsgesetz, LGBL. Nr. 9/2002;
Steiermärkisches Grundverkehrsgesetz, LGBL. Nr. 134/1993;
Tiroler Grundverkehrsgesetz, LGBL. Nr. 61/1996;
Voralberger Grundverkehrsgesetz, LGBL. Nr. 42/2004; and
Wiener Ausländergrundverkehrsgesetz, LGBL. Nr. 11/1998.
CY: Immovable Property Acquisition (Aliens) Law (Chapter 109), as amended.
CZ: Act No. 503/2012, Coll. on State Land Office as amended.
DK: Danish Act on Acquisition of Real Property (Consolidation Act No. 265 of 21 March 2014 on Acquisition of Real Property);
Acquisition Executive Order (Executive Order No. 764 of 18 September 1995); and
The Agricultural Holdings Act (Consolidation Act No. 27 of 4 January 2017).
EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act) Chapter 2 § 4, Chapter 3§ 10, 2017.
EL: Law 1892/1990, as it stands today, in combination, as far as the application is concerned, with the ministerial decision F.110/3/330340/S.120/7-4-14 of the Minister of National Defence and the Minister of Citizen Protection.
HR: Ownership and other Proprietary Rights Act (OG 91/96, 68/98, 137/99, 22/00, 73/00, 129/00, 114/01, 79/06, 141/06, 146/08, 38/09, 143/12, 152/14), Articles 354 to 358.b; Agricultural Land Act (OG 20/18, 115/18, 98/19) Article 2; General Administrative Procedure Act.
MT: Immovable Property (Acquisition by Non-Residents) Act (Cap. 246); and Protocol No 6 of the EU Accession Treaty on the acquisition of secondary residences in Malta.
PL: Law of 24 March 1920 on the Acquisition of Real Estate by Foreigners (Journal of Laws of 2016, item 1061 as amended).
With respect to Investment liberalisation – National treatment:
In HU: The purchase of real estate by non-residents is subject to obtaining authorisation from the appropriate administrative authority responsible for the geographical location of the property.
Measures:
HU: Government Decree No. 251/2014 (X. 2.) on the Acquisition by Foreign Nationals of Real Estate other than Land Used for Agricultural or Forestry Purposes; and Act LXXVIII of 1993 (Paragraph 1/A).
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment:
In LV: Acquisition of urban land by nationals of Chile is permitted through juridical persons registered in Latvia or other Member States:






(i)


if more than 50 % of their equity capital is owned by nationals of Member States, the Latvian government or a municipality, separately or in total;










(ii)


if more than 50 % of their equity capital is owned by natural persons and companies of a third country with which Latvia has concluded bilateral agreements on promotion and reciprocal protection of investments and which have been approved by the Latvian Parliament before 31 December 1996;










(iii)


if more than 50 % of their equity capital is possessed by natural persons and companies of a third country with which Latvia has concluded bilateral agreements on promotion and reciprocal protection of investments after 31 December 1996, if in those agreements the rights of Latvian natural persons and companies on acquisition of land in the respective third country have been determined;










(iv)


if more than 50 % of their equity capital is possessed jointly by persons referred to in points (i) to (iii); or










(v)


which are public joint stock companies, if their shares thereof are quoted in the stock exchange.




Where Chile allows Latvian nationals and enterprises to purchase urban real estate in their territories, Latvia will allow nationals and enterprises of Chile to purchase urban real estate in Latvia under the same conditions as Latvian nationals.
Measures:
LV: Law on land reform in the cities of the Republic of Latvia, Section 20 and 21.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment:
In DE: Certain conditions of reciprocity may apply for the acquisition of real estate.
In ES: Foreign investment in activities directly relating to real estate investments for diplomatic missions by states that are not Member States requires an administrative authorisation from the Spanish Council of Ministers, unless there is a reciprocal liberalisation agreement in place.
In RO: Foreign nationals, stateless persons and juridical persons (other than nationals and juridical persons of a Member State of the EEA) may acquire property rights over lands, under the conditions regulated by international treaties, based on reciprocity. Foreign nationals, stateless persons and juridical persons may not acquire the property right over lands under more favourable conditions than those applicable to natural or juridical persons of the European Union.
Measures:
DE: Einführungsgesetz zum Bürgerlichen Gesetzbuche (EGBGB; Introductory Law to the Civil Code).
ES: Royal Decree 664/1999 of 23 April 1999 relating to foreign investment.
RO: Law 17/2014 on some measures regulating the selling-buying agricultural land situated outside town and amending; and
Law No 268/2001 on the privatization of companies that own land in public ownership and private management of the state for agricultural and establishing the State Domains Agency, with subsequent amendments.




Reservation No. 2 – Professional services (except health-related professions)






Sector – sub-sector:


Professional services – legal services; patent agent, industrial property agent, intellectual property attorney; accounting and bookkeeping services; auditing services, taxation advisory services; architecture and urban planning services, engineering services and integrated engineering services




Industry classification:


CPC 861, 862, 863, 8671, 8672, 8673, 8674, part of 879




Type of reservation:


National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Local presence




Chapter/Section:


Investment liberalisation, Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:






(a)


Legal services (part of CPC 861) (1)

For greater certainty, consistent with the Headnotes, in particular paragraph 9, requirements to register with a Bar may include a requirement to have obtained a law degree in the host country or its equivalent, or to have completed some training under the supervision of a licensed lawyer, or to have an office or a postal address within the jurisdiction of a specific Bar in order to be eligible to apply for membership in that Bar. Some Member States may impose the requirement of having the right to practise host-jurisdiction law on those natural persons holding certain positions within a law firm/company/enterprise or for shareholders.
With respect to Investment liberalisation – National Treatment and Cross-border trade in services – National treatment, Local presence:
In EU: Legal representation of natural or juridical persons before the European Union Intellectual Property Office (EUIPO) may only be undertaken by a legal practitioner qualified in one of the Member States of the EEA and having their place of business within the EEA, to the extent that they are entitled, within the said Member State, to act as a representative in trade mark matters or in industrial property matters and by professional representatives whose names appear on the list maintained for this purpose by the EUIPO (Part of CPC 861).
In AT: EEA or Swiss nationality as well as residency (commercial presence) is required for the practice of legal services in respect of domestic (European Union and Member State) law, including representation before courts. Only lawyers of EEA or Swiss nationality are allowed to provide legal services through commercial presence. The practice of legal services in respect of public international law and home country law is only allowed on a cross-border basis. Equity participation and shares in the operating result of any law firm by foreign lawyers (who must be fully qualified in their home country) is allowed up to 25 %; the rest must be held by fully qualified EEA or Swiss lawyers and only the latter may exercise decisive influence in the decision making of the law firm.
In BE: (with respect also to Most-favoured-nation treatment) Residency is required for full admission to the Bar, and necessary for the practice of legal services in respect of Belgian domestic law, including representation before courts. The residency requirement for a foreign lawyer to obtain full admission to the Bar is at least six years from the date of application for registration, three years under certain conditions. Requirement to have a certificate issued by the Belgian Minister of Foreign Affairs under which the national law or international convention allows reciprocity (reciprocity condition).
Foreign lawyers may practise as legal consultants. Lawyers who are members of foreign (non-EU) Bars and want to establish in Belgium but do not meet the conditions for registration on the Tableau of fully qualified lawyers, on the EU-list or on the List of Trainee Lawyers, may request registration on the ‘B-List’. Such a ‘B-List’ only exists at the Brussels Bar. A lawyer on the B-List is allowed to give advice. Representation before ‘the Cour de Cassation’ is subject to nomination on a specific list.
In BG (with respect also to Most-favoured-nation treatment): Reserved to nationals of a Member State, of another State which is a party to the Agreement on the EEA, or of the Swiss Confederation who have been granted authorisation to pursue the profession of lawyer according to the legislation of any of the aforementioned countries. A foreign national (except for the above mentioned) who has been authorised to pursue the profession of lawyer in accordance with the legislation of his or her own country, may appeal before judicial bodies of the Republic of Bulgaria as defence-counsel or mandatary of a national of his or her own country, acting on a specific case, together with a Bulgarian attorney-at-law, in cases where this has been envisaged in an agreement between the Bulgarian and the respective foreign state, or on the basis of mutuality, making a preliminary request to this effect to the Chairperson of the Supreme Bar Council. Countries, in respect of which mutuality exists, shall be designated by the Minister of Justice, upon request of the Chairperson of the Supreme Bar Council. In order to provide legal mediation, a foreign national must have a permit for long-term or permanent residence in the Republic of Bulgaria and has been entered in the Uniform Register of Mediators with the Minister of Justice.
In CY: EEA or Swiss nationality as well as residency (commercial presence) is required. Only advocates enrolled in the Bar may be partners or shareholders or members of the board of directors in a law company in Cyprus.
In CZ: Full admission to the Bar is required. For the practice of legal services in respect of domestic (European Union and Member State) law, including representation before courts, EEA or Swiss nationality is required. For all legal services, residence (commercial presence) is required.
In DE: Only lawyers with EEA and Swiss qualification may be admitted to the Bar and are thus entitled to provide legal services in respect of domestic law. Commercial presence is required in order to obtain full admission to the Bar. Exemptions may be granted by the competent bar association. For foreign lawyers (with other than EEA and Swiss qualification) there may be restrictions for holding shares of a lawyers company which provides legal services in domestic law. Foreign lawyers can offer legal services in foreign law and in public international law when they prove expert knowledge; registration is required to provide legal services in Germany.
In DK: Legal services provided under the title ‘advokat’ (advocate) or any similar title, as well as representation before the courts, is reserved for advocates with a Danish licence to practice. EU, EEA and Swiss advocates may practice under the title of their country of origin.
Shares of a law firm can only be owned by advocates who actively practice law in the firm, its parent company or its subsidiary company, other employees in the firm, or another law firm registered in Denmark. Other employees in the firm may collectively only own less than 10 % of the shares and of the voting rights, and in order to be shareholders they must pass an exam on the rules of particular importance for the practice of law.
Only advocates who actively practice law in the firm, its parent company or its subsidiary company, other shareholders, and representatives of employees, may be members of the board. The majority of the members of the board must be advocates who actively practice law in the firm, its parent company or its subsidiary company. Only advocates who actively practice law in the firm, its parent company or its subsidiary company, and other shareholders having passed the exam mentioned above, may be a director of the law firm.
In EE: Residency (commercial presence) is required for the practice of legal services in respect of domestic (European Union and Member State) law, and participation in criminal proceedings representation before the Supreme Court.
In EL: EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of domestic (European Union and Member State) law, including representation before courts.
In ES: EEA or Swiss nationality is required for the practice of legal services in respect of domestic law, including representation before courts. The competent authorities may grant nationality waivers. A professional address is required in order to provide any legal services.
In FI: EEA or Swiss residency and Bar membership is required for the use of the professional title of ‘advocate’ (in Finnish ‘asianajaja’ or in Swedish ‘advokat’). Legal services, including Finnish domestic law, may also be provided by non-Bar members.
In FR: Residency or establishment in the EEA is required for full admission to the Bar, which is necessary for the practice of legal services in respect of domestic law, including representation before courts. Representation before ‘the Cour de Cassation’ and ‘Conseil d'Etat’ is subject to quotas and reserved for French and EU nationals. Members of a Bar in Chile may register as a foreign legal consultant in France to offer certain legal services in France on a temporary or permanent basis, in respect of Chilean law and public international law. A business address within the jurisdiction of the French Bar of registration or establishment in the EEA is required to practice on a permanent basis.
In HR: European Union nationality is required for the practice of legal services in respect of domestic (European Union and Member State) law, including representation before courts. In proceedings involving public international law, parties may be represented before arbitration courts and ad hoc courts by foreign lawyers who are members of their home country bar association. Only a lawyer who has the Croatian title of lawyer can establish a law firm (Chilean firms can establish branches, which may not employ Croatian lawyers).
In HU: Full admission to the Bar is subject to EEA or Swiss nationality and residency (commercial presence) for the practice of legal services in respect of domestic law, including representation before courts. Foreign lawyers may provide legal advice on home country and public international law in partnership with a Hungarian attorney or a law firm. A cooperation contract concluded with a Hungarian attorney (ügyvéd) or law firm (ügyvédi iroda) is required. A foreign legal adviser cannot be a member of a Hungarian law firm. A foreign lawyer is not authorised for the preparation of documents to be submitted to, or act as the client's legal representative before, an arbitrator, conciliator or mediator in any dispute.
In LT (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of domestic (European Union and Member State) law, including representation before courts.
Attorneys from foreign countries can practice as advocates in court only in accordance with international agreements, including specific provisions regarding representation before courts.
In LU (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of domestic law, including representation before courts.
The Council of the Order may, on the basis of reciprocity, agree to waive the nationality requirement for a foreign national.
In LV (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality is required for the practice of domestic law, including representation before courts. Attorneys from foreign countries can practice as advocates in court only in accordance with bilateral agreements on mutual legal assistance.
For European Union or foreign advocates, special requirements exist. For example, participation in court proceedings in criminal cases is only permitted in association with an advocate of the Latvian Collegium of Sworn Advocates.
In MT: EEA or Swiss nationality as well as residency (commercial presence) is required for the practice of legal services in respect of domestic law, including representation before courts.
In NL: Only locally-licensed lawyers registered in the Dutch registry can use the title ‘advocate’. Instead of using the full term ‘advocate’, (non-registered) foreign lawyers are obliged to mention their home country professional organisation for the purposes of their activities in the Netherlands.
In PT (with respect also to Most-favoured-nation treatment): residency (commercial presence) is required in order to practice Portuguese domestic law. For representation before courts, full admission to the Bar is required. Foreigners holding a diploma awarded by any Faculty of Law in Portugal, may register with the Portuguese Bar (Ordem dos Advogados), under the same terms as Portuguese nationals, if their respective country grants Portuguese nationals reciprocal treatment.
Other foreigners holding a Degree in Law which has been acknowledged by a Faculty of Law in Portugal may register as members of the Bar Association provided that they undergo the required training and pass the final assessment and admission exam. Only law firms where the shares belong exclusively to lawyers admitted to the Portuguese Bar can practise in Portugal.
Legal consultation is allowed in any area of foreign and public international law by jurists of recognised merit, masters and doctors in law (even if non-lawyers and non-university professors), provided that they have their professional residence (domiciliação) in PT, pass an admission exam and are registered in the Bar.
In RO: A foreign lawyer may not make oral or written conclusions before the courts and other judicial bodies, except for international arbitration.
In SE: (with respect also to Most-favoured-nation treatment) EEA or Swiss residency is required for admission to the Bar and use of the title of ‘advokat’. Exemptions may be granted by the board of the Swedish Bar Association. Admission to the Bar is not necessary for the practice of Swedish domestic law. A member of the Swedish Bar Association may not be employed by anyone other than a Bar member or a company conducting the business of a Bar member. However, a Bar member may be employed by a foreign company conducting the business of an advocate, provided that the company in question is domiciled in a country within the European Union, the EEA or Switzerland. Subject to an exemption from the Board of the Swedish Bar Association, a member of the Swedish Bar Association may also be employed by a non-European Union law firm.
Bar members conducting their practice in the form of a company or a partnership may not have any other objective and may not carry out any other business than the practice of an advocate. Collaboration with other advocate businesses is permitted, however, collaboration with foreign businesses requires permission by the Board of the Swedish Bar Association. Only a Bar member may directly or indirectly, or through a company, practice as an advocate, own shares in the company or be a partner. Only a member may be a member or deputy member of the Board or deputy managing director, or an authorised signatory or secretary of the company or the partnership.
In SI (with respect also to Most-favoured-nation treatment): Representing clients before the court against payment is conditioned by commercial presence in Republic of Slovenia. A foreign lawyer who has the right to practice law in a foreign country may perform legal services or practice law under the conditions laid down in Article 34a of the Attorneys Act, provided that the condition of actual reciprocity is fulfilled.
Commercial presence for appointed attorneys by the Slovene Bar Association is restricted to sole proprietorship, law firm with limited liability (partnership) or to a law firm with unlimited liability (partnership) only. The activities of a law firm shall be restricted to the practice of law. Only attorneys may be partners in a law firm.
In SK (with respect also to Most-favoured-nation treatment): EEA nationality as well as residency (commercial presence) in the Slovak Republic is required for the practice of legal services in respect of domestic law, including representation before courts. For non-EU lawyers actual reciprocity is required.
Measures:
EU: Article 120 of Regulation (EU) 2017/1001 of the European Parliament and of the Council (2);
Article 78 of Council Regulation (EC) No 6/2002 of 12 December 2001
                      (3).
AT: Rechtsanwaltsordnung (Lawyers Act) - RAO, RGBl. Nr. 96/1868, Articles 1 and 21c.; Rechtsanwaltsgesetz - EIRAG, BGBl. Nr. 27/2000 as amended; § 41 EIRAG.
BE: Belgian Judicial Code (Articles 428-508); Royal Decree of 24 August 1970.
BG: Attorney Law; Law for Mediation; and Law for the Notaries and Notarial Activity.
CY: Advocates Law (Chapter 2), as amended.
CZ: Act No. 85/1996 Coll., the Legal Profession Act.
DE: Bundesrechtsanwaltsordnung (BRAO; Federal Lawyers Act);
Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG); and § 10 Rechtsdienstleistungsgesetz (RDG).
DK: Retsplejeloven (Administration of Justice Act) chapters 12 and 13 (Consolidated Act No. 1284 of 14 November 2018).
EE: Advokatuuriseadus (Bar Association Act); Tsiviilkohtumenetluse seadustik (Code of Civil Procedure); halduskohtumenetluse seadustik (Code of Administrative Court Procedure); kriminaalmenetluse seadustik (Code of Criminal Procedure); and väärteomenetluse seadustik (Code of Misdemeanour Procedure).
EL: New Lawyers' Code n. 4194/2013.
ES: Estatuto General de la Abogacía Española, aprobado por Real Decreto 658/2001, Article 13.1a.
FI: Laki asianajajista (Advocates Act) (496/1958), 1 and 3 §; and Oikeudenkäymiskaari (4/1734) (Code of Judicial Procedure).
FR: Loi 71-1130 du 31 décembre 1971, Loi 90-1259 du 31 décembre 1990 and Ordonnance du 10 septembre 1817 modifiée.
HR: Legal Profession Act (OG 9/94, 117/08, 75/09, 18/11).
HU: Act LXXVIII of 2017 on the professional activities of attorneys-at-law.
LT: Law on the Bar of the Republic of Lithuania of 18 March 2004 No. IX-2066 as last amended on 12 December 2017 by law No XIII-571.
LU: Loi du 16 décembre 2011 modifiant la loi du 10 août 1991 sur la profession d'avocat.
LV: Criminal Procedure Law, s. 79; and Advocacy Law of the Republic of Latvia, s. 4.
MT: Code of Organisation and Civil Procedure (Cap. 12).
NL: Advocatenwet (Act on Advocates).
PT: Law 145/2015, 9 set., alterada p/ Lei 23/2020, 6 jul. (art.o 194 substituído p/ art.o 201.o; e art.o 203.o substituído p/ art.o 213.o);
Portuguese Bar Statute (Estatuto da Ordem dos Advogados) and Decree-Law 229/2004, Articles 5, 7 – 9; Decree-law 88/2003, Articles 77 and 102; Solicitadores Public Professional Association Statute (Estatuto da Câmara dos Solicitadores), as amended by Law 49/2004, mas alterada p/ Lei 154/2015, 14 set; by Law 14/2006 and by Decree-Law n.o 226/2008 alterado p/ Lei 41/2013, 26 jun;
Law 78/2001, Articles 31, 4 Alterada p/ Lei 54/2013, 31 jul.; Regulation of family and labour mediation (Ordinance 282/2010), alterada p/ Portaria 283/2018, 19 out; Law 21/2007 on criminal mediation, Article 12; Law 22/2013, 26 fev., alterada p/ Lei 17/2017, 16 maio, alterada pelo Decreto-Lei 52/2019, 17 abril.
RO: Attorney Law; Law for Mediation; and Law for the Notaries and the Notarial Activity.
SE: Rättegångsbalken (The Swedish Code of Judicial Procedure) (1942:740); and Swedish Bar Association Code of Conduct adopted 29 August 2008.
SI: Zakon o odvetništvu (Neuradno prečiščeno besedilo-ZOdv-NPB8 Državnega Zbora RS z dne 7 junij 2019 (Attorneys Act) unofficial consolidated text prepared by the Slovenian parliament from 7 June 2019).
SK: Act 586/2003 on Advocacy, Articles 2 and 12.
With respect to Investment liberalisation – National Treatment:
In PL: Foreign lawyers may establish only in the form of a registered partnership, a limited partnership or a limited joint-stock partnership.
Measures:
PL: Act of 5 July 2002 on the provision by foreign lawyers of legal assistance in the Republic of Poland, Article 19; The Law on Tax Advisory
With respect to Cross-border trade in services – Local presence:
In IE, IT: Residency (commercial presence) is required for the practice of legal services in respect of domestic (European Union and Member State) law, including representation before courts.
Measures:
IE: Solicitors Acts 1954-2011.
IT: Royal Decree 1578/1933, Article 17 law on the legal profession.










(b)


Patent agents, industrial property agents, intellectual property attorneys (part of CPC 879, 861, 8613)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – Local presence:
In AT: EEA or Swiss nationality is required for the practice of patent agency services; residency there is required.
In BG and CY: EEA or Swiss nationality is required for the practice of patent agency services. In CY, residency is required.
In DE: Only patent lawyers having EEA and Swiss qualifications may be admitted to the Bar and are thus entitled to provide patent agent services in Germany in domestic law. Commercial presence is required in order to obtain full admission to the Bar. Exemptions may be granted by the bar association. Foreign patent lawyers can offer legal services in foreign law when they prove expert knowledge, registration is required for legal services in Germany. Foreign (other than EEA and Swiss qualification) patent lawyers may not establish a firm together with national patent lawyers.
Foreign (other than EEA and Swiss) patent lawyers may have their commercial presence only in the form of a Patentanwalts-GmbH or Patentanwalt-AG by acquiring a minority share.
In EE: Estonian or EU nationality as well as permanent residency is required for the practice of patent agency services.
In ES and PT: EEA nationality is required for the practice of industrial property agent services.
In FR: To be registered on the industrial property agent services list, establishment or residency in the EEA is required. EEA nationality is required for natural persons. To represent a client in front of the national intellectual property office, establishment in the EEA is required. More than half of shares and voting rights must be held by EEA professionals. Law firms may be entitled to provide industrial property agent services (see reservation for legal services).
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In LV: EU nationality required for patent attorneys.
Measure:
LV: The Law on Industrial Property Institutions and Procedures Chapter XVIII (Articles 119-136).
With respect to Cross-border trade in services – Local presence:
In FI and HU: EEA residency is required for the practice of patent agency services.
In SI: Residency in Slovenia is required for a holder/applicant of registered rights (patents, trademarks, design protection). Alternatively, a patent agent or a trademark and design agent registered in Slovenia is required for the main purpose of services of process, notification, etc.
Measures:
AT: Patent Attorney Act, BGBl. 214/1967 as amended, § § 2 and 16a.
BG: Chapter 8b of the Act on Patents and Registration of Utility Models.
CY: Advocates Law (Chapter 2), as amended.
DE: Patentanwaltsordnung (PAO), Gesetz über die Tätigkeit europäischer Patentanwälte in Deutschland (EuPAG) and § 10 Rechtsdienstleistungsgesetz (RDG).
EE: Patendivoliniku seadus (Patent Agents Act) § 2, § 14.
ES: Ley 11/1986, de 20 de marzo, de Patentes de Invención y Modelos de utilidad, Articles 155-157.
FI: Tavaramerkkilaki (Trademarks Act) (7/1964);
Laki auktorisoiduista teollisoikeusasiamiehistä (Act on Authorised Industrial Property Attorneys) (22/2014); and
Laki kasvinjalostajanoikeudesta (Plant Breeder's Right Act) 1279/2009; and Mallioikeuslaki (Registered Designs Act) 221/1971.
FR: Code de la propriété intellectuelle.
HU: Act XXXII of 1995 on Patent Attorneys.
PT: Decree-Law 15/95, as modified by Law 17/2010, by Portaria 1200/2010, Article 5, and by Portaria 239/2013; and Law 9/2009.
SI: Zakon o industrijski lastnini (Industrial Property Act), Uradni list RS, št. 51/06 – uradno prečiščeno besedilo in 100/13 and 23/20 (Official Gazette of the Republic of Slovenia, No. 51/06 – official consolidated text 100/13 and 23/20).
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National Treatment, Local presence:
In IE: For establishment, at least one of the directors, partners, managers or employees of a company to be registered as a patent or intellectual property attorney in Ireland. Cross-border basis requires EEA nationality and commercial presence, principal place of business in an EEA Member State, qualification under the law of an EEA Member State.
Measures:
IE: Section 85 and 86 of the Trade Marks Act 1996, as amended;
Rule 51, Rule 51A and Rule 51B of the Trade Marks Rules 1996, as amended; Section 106 and 107 of the Patent Act 1992, as amended; and Register of Patent Agent Rules S.I. 580 of 2015.










(c)


Accounting and bookkeeping services (CPC 8621 other than auditing services, 86213, 86219, 86220)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – Local presence:
In AT: The capital interests and voting rights of foreign accountants, bookkeepers, qualified according to the law of their home country, in an Austrian enterprise may not exceed 25 %. The service supplier must have an office or professional seat in the EEA (CPC 862).
In FR: Establishment or residency is required.
In IT: Residence or business domicile is required for enrolment in the professional register, which is necessary for the provision of accounting and bookkeeping services (CPC 86213, 86219, 86220).
In PT (with respect also to Most-favoured-nation treatment): Residence or business domicile is required for enrolment in the professional register by the Chamber of Certified Accountants (Ordem dos Contabilistas Certificados), which is necessary for the provision of accounting services, provided that there is reciprocal treatment for Portuguese nationals.
Measures:
AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl. I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4; and
Bilanzbuchhaltungsgesetz (BibuG), BGBL. I Nr. 191/2013, § § 7, 11, 28.
FR: Ordonnance 45-2138 du 19 septembre 1945.
IT: Legislative Decree 139/2005; and Law 248/2006.
PT: Decree-Law n.o 452/99, changed by Law n.o 139/2015, September 7th.
With respect to Cross-border trade in services – Local presence:
In SI: Establishment in the European Union is required in order to provide accounting and bookkeeping services (CPC 86213, 86219, 86220).
Measures:
SI: Act on services in the internal market, Official Gazette RS No 21/10.










(d)


Auditing services (CPC – 86211, 86212 other than accounting and bookkeeping services)
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment:
In EU: Supply of statutory auditing services requires approval by the competent authorities of a Member State that may recognise the equivalence of the qualifications of an auditor who is a national of Chile or of any third country subject to reciprocity (CPC 8621).
Measures:
EU: Directive 2013/34/EU of the European Parliament and of the Council (4); and Directive 2006/43/EC of the European Parliament and of the Council (5).
Measures:
BG: Independent Financial Audit Act.
With respect to Investment liberalisation – National treatment, and Cross-border trade in services – Local presence:
In AT: The capital interests and voting rights of foreign auditors, qualified according to the law of their home country, in an Austrian enterprise may not exceed 25 %. The service supplier must have an office or professional seat in the EEA.
Measures:
AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl. I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.
With respect to Cross-border trade in services – Local presence:
In DK: Provision of statutory auditing services requires Danish approval as an auditor. Approval requires residency in a Member State of the EEA. Voting rights in approved audit firms of auditors and audit firms not approved in accordance with regulation implementing Directive 2006/43/EC based on Article 54(3)(g) of the Treaty on statutory audit must not exceed 10 % of the voting rights.
In FR (with respect also to Most-favoured-nation treatment): For statutory audits: establishment or residency is required. Chilean nationals may provide statutory auditing services in France, subject to reciprocity.
In PL: Establishment in the European Union is required in order to provide auditing services.
Measures:
DK: Revisorloven (The Danish Act on Approved Auditors and Audit Firms), Act No. 1287 of 20 November 2018.
FR: Code de commerce
PL: Act of 11 May 2017 on statutory auditors, audit firms and public oversight – Journal of Laws of 2017, item 1089.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In CY: Authorisation is required, subject to an economic needs test. Main criteria: the employment situation in the sub-sector. Professional associations (partnerships) between natural persons are permitted.
In SK: Only an enterprise in which at least 60 % of capital interests or voting rights are reserved to Slovak nationals or nationals of a Member State may be authorised to carry out audits in the Slovak Republic.
Measures:
CY: Auditors Law of 2017 (Law 53(I)/2017).
SK: Act No. 423/2015 on Statutory audit.
With respect to Cross-border trade in services – National treatment, Local presence:
In DE: Auditors from third countries registered in accordance with Article 134 WPO may carry out the statutory audit of annual fiscal statements or provide the consolidated financial statements of a company with its headquarters outside the European Union, whose transferable securities are offered for trading in a regulated market.
Measures:
DE: Handelsgesetzbuch (HGB; Code of Commercial Law);
Gesetz über eine Berufsordnung der Wirtschaftsprüfer (Wirtschaftsprüferordnung – WPO; Public Accountant Act).
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In ES: Statutory auditors must be a national of a Member State. This reservation does not apply to the auditing of non-European Union companies listed in a Spanish regulated market.
Measures:
ES: Ley 22/2015, de 20 de julio, de Auditoría de Cuentas (new Auditing Law: Law 22/2015 on Auditing services).
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – Local presence:
In SI: Commercial presence is required. A third country audit entity may hold shares or form partnerships in a Slovenian audit company provided that, under the law of the country in which the third-country audit entity is incorporated, Slovenian audit companies may hold shares or form a partnership in an audit entity in that country (reciprocity requirement).
Measures:
SI: Auditing Act (ZRev-2), Official Gazette RS No 65/2008 (as last amended No 84/18); and Companies Act (ZGD-1), Official Gazette RS No 42/2006 (as last amended No 22/19 – ZPosS).
With respect to Investment liberalisation – National treatment:
In EE: The majority of the votes represented by the shares of an audit firm shall belong to sworn auditors subject to supervision of a competent authority of an EEA Member State, who have acquired their qualification in an EEA Member State, or to audit firms. At least three-fourths of the persons representing an audit firm on the basis of law shall have acquired their qualifications in an EEA Member State.
Measures:
EE: Auditors Activities Act (Audiitortegevuse seadus) § 76-77.
With respect to Cross-border trade in services – Local presence:
In BE: An establishment in Belgium is required where the professional activity will take place and where acts, documents and correspondence relating to it will be maintained, and to have at least one administrator or manager of the establishment approved as auditor.
In FI: EEA residency required for at least one of the auditors of a Finnish Limited Liability company and of companies which are under the obligation to carry out an audit. An auditor must be a locally-licensed auditor or a locally-licensed audit firm.
In HR: Auditing services may be provided only by juridical persons established in Croatia or by natural persons resident in Croatia.
In IT: Residency is required for the provision of auditing services by natural persons.
In LT: Establishment in the EEA is required for the provision of auditing services.
In SE: Only auditors approved in Sweden and auditing firms registered in Sweden may perform statutory auditing services. EEA residency is required. The titles of ‘approved auditor’ and ‘authorised auditor’ may only be used by auditors approved or authorised in Sweden. Auditors of co-operative economic associations and certain other enterprises who are not certified or approved accountants must be resident within the EEA, unless the Government, or a Government authority appointed by the Government, in a particular case allows otherwise.
Measures:
BE: Law of July 22nd, 1953 creating an Institute of the Auditors of Firms and organising the public supervision of the occupation of auditor of firms, coordinated on April 30th, 2007. (Public Accountant Act).
FI: Tilintarkastuslaki (Auditing Act) (459/2007), Sectoral laws requiring the use of locally licensed auditors.
HR: Audit Act (OG 146/05, 139/08, 144/12), Article 3.
IT: Legislative Decree 58/1998, Articles 155, 158 and 161;
Decree of the President of the Republic 99/1998; and Legislative Decree 39/2010, Article 2.
LT: Law on Audit of 15 June 1999 No. VIII - 1227 (a new version of 3 July 2008 No. X1676).
SE: Revisorslagen (Auditors Act) (2001:883);
Revisionslag (Auditing Act) (1999:1079);
Aktiebolagslagen (Companies Act) (2005:551);
Lag om ekonomiska föreningar (The Co-operative Economic Associations Act) (2018:672); and
Others, regulating the requirements to make use of approved auditors.










(e)


Taxation advisory services (CPC 863, not including legal advice and legal representation on tax matters, which are to be found under legal services)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – Local presence:
In AT: The capital interests and voting rights of foreign tax advisors, qualified according to the law of their home country, in an Austrian enterprise may not exceed 25 %. The service supplier must have an office or professional seat in the EEA.
Measures:
AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl. I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.
With respect to Cross-border trade in services – Local presence:
In FR: Establishment or residency is required.
Measures:
FR: Ordonnance 45-2138 du 19 septembre 1945.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In BG: Nationality of a Member State is required for tax advisors.
Measures:
BG: Accountancy Act;
Independent Financial Audit Act; Income Taxes on Natural Persons Act; and Corporate Income Tax Act.
With respect to Cross-border trade in services – Local presence:
In HU: EEA residency is required for the supply of taxation advisory services, in so far as they are being supplied by a natural person present in the territory of Hungary.
In IT: Residency is required.
Measures:
HU: Act XCII of 2003 on the Rules of Taxation; and
Decree of the Ministry of Finance no. 26/2008 on the licensing and registration of taxation advisory activities.
IT: Legislative Decree 139/2005; and Law 248/2006.










(f)


Architecture and urban planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673, 8674)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In BG: Residency in the EEA or the Swiss Confederation is required for architecture, urban planning and engineering services provided by natural persons. For architectural and engineering projects of national or regional significance, foreign investors must act in partnership with, or as subcontractors to, local investors (CPC 8671, 8672, 8673).
Measures:
BG: Spatial Development Act;
Chamber of Builders Act; and
Chambers of Architects and Engineers in Project Development Design Act.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In HR: A design or project created by a foreign architect, engineer or urban planner must be validated by an authorised natural or juridical person in Croatia with regard to its compliance with Croatian Law (CPC 8671, 8672, 8673, 8674).
Measures:
HR: Act on Physical Planning and Building Activities (OG 118/18, 110/19).
Physical Planning Act (OG 153/13, 39/19).
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In CY: Nationality and residency condition applies for the provision of architecture and urban planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673, 8674).
Measures:
CY: Law 41/1962 as amended; Law 224/1990 as amended; and Law 29(I)2001 as amended.
With respect to Cross-border trade in services – Local presence:
In CZ: Residency in the EEA is required.
In HU: EEA residency is required for the supply of the following services, in so far as they are being supplied by a natural person present in the territory of Hungary: architectural services, engineering services (only applicable to graduate trainees), integrated Engineering services and landscape architectural services (CPC 8671, 8672, 8673, 8674).
In IT: Residency or professional domicile/business address in Italy is required for enrolment in the professional register, which is necessary for the exercise of architectural and engineering services (CPC 8671, 8672, 8673, 8674).
In SK: Residency in the EEA is required for registration in the professional chamber, which is necessary for the exercise of architectural and engineering services (CPC 8671, 8672, 8673, 8674).
Measures:
CZ: Act no. 360/1992 Coll. on practice of profession of authorised architects and authorised engineers and technicians working in the field of building constructions.
HU: Act LVIII of 1996 on the Professional Chambers of Architects and Engineers.
IT: Royal Decree 2537/1925 regulation on the profession of architect and engineer; Law 1395/1923; and
Decree of the President of the Republic (D.P.R.) 328/2001.
SK: Act 138/1992 on Architects and Engineers, Articles 3, 15, 15a, 17a and 18a.
With respect to Cross-border trade in services – National treatment:
In BE: The provision of architectural services includes control over the execution of the works (CPC 8671, 8674). Foreign architects authorised in their host countries and wishing to practice their profession on an occasional basis in Belgium are required to obtain prior authorisation from the Council of Order in the geographical area where they intend to practice their activity.
Measures:
BE: Law of February 20, 1939 on the protection of the title of the architect's profession; and Law of 26th June 1963, which creates the Order of Architects Regulations of December 16th, 1983 of ethics established by national Council in the Order of Architects (Approved by Article 1st of A.R. of April 18th, 1985, M.B., May 8th, 1985).




Reservation No. 3 – Professional services – health-related services and retail of pharmaceuticals






Sector – sub-sector:


Professional services – medical (including psychologists) and dental services; midwives, nurses, physiotherapists and paramedical personnel; veterinary services; retail sales of pharmaceutical, medical and orthopaedic goods and other services provided by pharmacists




Industry classification:


CPC 9312, 93191, 932, 63211




Type of reservation:


National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Local presence




Chapter/Section:


Investment Liberalisation and Cross-border trade in services




Description:






(a)


Medical, dental, midwives, nurses, physiotherapists and para-medical services (CPC 9312, 93191)
With respect to Investment liberalisation – National treatment, Most favoured-nation treatment and Cross-border trade in services – National treatment, Most favoured-nation treatment:
In IT: European Union nationality is required for the services provided by psychologists, foreign professionals may be allowed to practice based on reciprocity (part of CPC 9312).
Measures:
IT: Law 56/1989 on the psychologist profession.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In CY: Cypriot nationality and residency condition applies for the provision of medical (including psychologists), dental, midwives, nurses, physiotherapists and para-medical services.
Measures:
CY: Registration of Doctors Law (Chapter 250) as amended;
Registration of Dentists Law (Chapter 249) as amended;
Law 75(I)/2013 – Podologists;
Law 33(I)/2008 as amended – Medical Physics;
Law 34(I)/2006 as amended – Occupational Therapists;
Law 9(I)/1996 as amended – Dental Technicians;
Law 68(I)/1995 as amended – Psychologists;
Law 16(I)/1992 as amended – Opticians;
Law 23(I)/2011 as amended – Radiologists/Radiotherapists;
Law 31(I)/1996 as amended – Dieticians/Nutritionists;
Law 140/1989 as amended – Physiotherapists; and
Law 214/1988 as amended – Nurses.
With respect to Cross-border trade in services – Local presence:
In DE: Doctors (including psychologists, psychotherapists, and dentists) need to register with the regional associations of statutory health insurance physicians or dentists (kassenärztliche or kassenzahnärztliche Vereinigungen), if they wish to treat patients insured by the statutory sickness funds.
For midwives services, access is restricted to natural persons only. For medical and dental services, access is possible for natural persons, licensed medical care centres and mandated bodies. Establishment requirements may apply.
Measures:
DE: Bundesärzteordnung (BÄO; Federal Medical Regulation);
Gesetz über die Ausübung der Zahnheilkunde (ZHG);
Gesetz über den Beruf der Psychotherapeutin und des Psychotherapeuten (PsychThG; Act on the Provision of Psychotherapy Services);
Gesetz über die berufsmäßige Ausübung der Heilkunde ohne Bestallung (Heilpraktikergesetz);
Gesetz über das Studium und den Beruf von Hebammen (HebG); Bundes-Apothekerordnung; Additional legislation with regard to midwives can exist on regional level.
Gesetz über die Pflegeberufe (PflBG);
Sozialgesetzbuch Fünftes Buch (SGB V; Social Code, Book Five) – Statutory Health Insurance.
Regional level:
Heilberufekammergesetz des Landes Baden-Württemberg;
Gesetz über die Berufsausübung, die Berufsvertretungen und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz – HKaG) in Bayern;
Berliner Heilberufekammergesetz (BlnHKG);
Hamburgisches Kammergesetz für die Heilberufe (HmbKGH); Gesetz über die Berufsgerichtsbarkeit der Heilberufe; Hamburgisches Gesetz über die Ausübung des Berufs der Hebamme und des Entbindungspflegers (Hamburgisches Hebammengesetz);
Heilberufsgesetz Brandenburg (HeilBerG);
Bremisches Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker (Heilberufsgesetz – HeilBerG);
Niedersächsisches Kammergesetz für die Heilberufe (Heilkammergesetz – HKG);
Niedersächsisches Gesetz über die Ausübung des Hebammenberufs (NHebG) Heilberufsgesetz Mecklenburg-Vorpommern (Heilberufsgesetz M-V – HeilBerG);
Heilberufsgesetz (HeilBG NRW);
Heilberufsgesetz (HeilBG Rheinland-Pfalz);
Gesetz über die öffentliche Berufsvertretung, die Berufspflichten, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte/ Ärztinnen, Zahnärzte/ Zahnärztinnen, psychologischen Psychotherapeuten/ Psychotherapeutinnen und Kinder- und Jugendlichenpsychotherapeuten/psychotherapeutinnen, Tierärzte/Tierärztinnen und Apotheker/Apothekerinnen im Saarland (Saarländisches Heilberufekammergesetz – SHKG);
Gesetz über Berufsausübung, Berufsvertretungen und Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder- und Jugendlichenpsychotherapeuten im Freistaat Sachsen (Sächsisches Heilberufekammergesetz – SächsHKaG) and Thüringer Heilberufegesetz.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – Local presence:
In FR: While other types of legal form are also available for Union investors, foreign investors only have access to the legal forms of ‘société d'exercice libéral’ (SEL) and ‘société civile professionnelle’ (SCP). For medical, dental and midwives services, French nationality is required. However, access by foreigners is possible within annually established quotas. For medical, dental and midwives services and services by nurses, provision through SEL à forme anonyme, à responsabilité limitée par actions simplifiée ou en commandite par actions SCP, société coopérative (for independent general and specialised practitioners only) or société interprofessionnelle de soins ambulatoires (SISA) for multidisciplinary health home (MSP) only.
Measures:
FR: Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, Loi no2011-940 du 10 août 2011 modifiant certaines dispositions de la loi no2009-879 dite HPST, Loi no47-1775 portant statut de la coopération; and Code de la santé publique.










(b)


Veterinary services (CPC 932)
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment:
In AT: Only nationals of a Member State of the EEA may provide veterinary services. The nationality requirement is waived for nationals of a non-Member State of the EEA where there is a Union agreement with that non-Member State of the EEA providing for national treatment with respect to investment and cross-border trade of veterinary services.
In ES: Membership in the professional association is required for the practice of the profession and requires European Union nationality, which may be waived through a bilateral professional agreement.
In FR: EEA nationality is required for the supply of veterinary services, but the nationality requirement may be waived subject to reciprocity. The legal forms available to a company providing veterinary services are limited to SCP (Société civile professionnelle) and SEL (Société d'exercice libéral). Non-discriminatory legal forms apply, however other legal forms of company provided for by French domestic law or the law of another Member State of the EEA and having their registered office, central administration or principal place of business therein may be authorised, under certain conditions.
Measures:
AT: Tierärztegesetz (Veterinary Act), BGBl. Nr. 16/1975, § 3 (2) (3).
ES: Real Decreto 126/2013, de 22 de febrero, por el que se aprueban los Estatutos Generales de la Organización Colegial Veterinaria Española; Articles 62 and 64.
FR: Code rural et de la pêche maritime.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In CY: Nationality and residency condition applies for the provision of veterinary services.
In EL: EEA or Swiss nationality is required for the supply of veterinary services.
In HR: Only legal and natural persons established in a Member State for the purpose of conducting veterinary activities can supply cross border veterinary services in the Republic of Croatia. Only Union nationals can establish a veterinary practice in the Republic of Croatia.
In HU: EEA nationality is required for membership of the Hungarian Veterinary Chamber, necessary for supplying veterinary services.
Measures:
CY: Law 169/1990 as amended.
EL: Presidential Degree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B).
HR: Veterinary Act (OG 83/13, 148/13, 115/18), Articles 3 (67), Articles 105 and 121.
HU: Act CXXVII of 2012 on the Hungarian Veterinary Chamber and on the conditions how to supply Veterinary services.
With respect to Cross-border trade in services – Local presence:
In CZ: Physical presence in the territory is required for the supply of veterinary services.
In IT and PT: Residency is required for the supply of veterinary services.
In PL: Physical presence in the territory is required for the supply of veterinary services to pursue the profession of veterinary surgeon present in the territory of Poland, non-European Union nationals have to pass an exam in Polish language organised by the Polish Chambers of Veterinary Surgeons.
In SI: Only legal and natural persons established in a Member State for the purpose of conducting veterinary activities can supply cross-border veterinary services into the Republic of Slovenia.
In SK: Residency in the EEA is required for registration in the professional chamber, which is necessary for the exercise of the profession.
Measures:
CZ: Act No. 166/1999 Coll. (Veterinary Act), § 58-63, 39; and
Act No. 381/1991 Coll. (on the Chamber of Veterinary Surgeons of the Czech Republic), paragraph 4.
IT: Legislative Decree C.P.S. 233/1946, Articles 7-9; and
Decree of the President of the Republic (DPR) 221/1950, paragraph 7.
PL: Law of 21st December 1990 on the Profession of Veterinary Surgeon and Chambers of Veterinary Surgeons.
PT: Decree-Law 368/91 (Statute of the Veterinary Professional Association) alterado p/ Lei 125/2015, 3 set.
SI: Pravilnik o priznavanju poklicnih kvalifikacij veterinarjev (Rules on recognition of professional qualifications for veterinarians), Uradni list RS, št. (Official Gazette No) 71/2008, 7/2011, 59/2014 in 21/2016, Act on services in the internal market, Official Gazette RS No 21/2010.
SK: Act 442/2004 on Private Veterinary Doctors and the Chamber of Veterinary Doctors, Article 2.










(c)


Retail sales of pharmaceuticals, medical and orthopaedic goods and other services provided by pharmacists (CPC 63211)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors:
In AT: The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy. Nationality of a Member State of the EEA or the Swiss Confederation is required in order to operate a pharmacy. Nationality of a Member State of the EEA or the Swiss Confederation is required for leaseholders and persons in charge of managing a pharmacy.
Measures:
AT: Apothekengesetz (Pharmacy Law), RGBl. Nr. 5/1907 as amended, § § 3, 4, 12; Arzneimittelgesetz (Medication Act), BGBl. Nr. 185/1983 as amended, § § 57, 59, 59a; and Medizinproduktegesetz (Medical Products Law), BGBl. Nr. 657/1996 as amended, § 99.
With respect to Investment liberalisation – National Treatment:
In DE: Only natural persons (pharmacists) are permitted to operate a pharmacy. Nationals of other countries or persons who have not passed the German pharmacy exam may only obtain a licence to take over a pharmacy which has already existed during the preceding three years.
In FR: EEA or Swiss nationality is required in order to operate a pharmacy.
Foreign pharmacists may be permitted to establish within annually established quotas. Pharmacy opening must be authorised and commercial presence including sale at a distance of medicinal products to the public by means of information society services, must take one of the legal forms which are allowed under national law on a non-discriminatory basis: société d'exercice libéral (SEL) anonyme, par actions simplifiée, à responsabilité limitée unipersonnelle or pluripersonnelle, en commandite par actions, société en noms collectifs (SNC) or société à responsabilité limitée (SARL) unipersonnelle or pluripersonnelle only.
Measures:
DE: Gesetz über das Apothekenwesen (ApoG; German Pharmacy Act); Bundes-Apothekerordnung;
Gesetz über den Verkehr mit Arzneimitteln (AMG);
Gesetz über Medizinprodukte (MPG);
Verordnung zur Regelung der Abgabe von Medizinprodukten (MPAV)
FR: Code de la santé publique; and
Loi 90-1258 du 31 décembre 1990 relative à l'exercice sous forme de société des professions libérales and Loi 2015-990 du 6 août 2015.
With respect to Investment liberalisation – National Treatment:
In EL: European Union nationality is required in order to operate a pharmacy.
In HU: EEA nationality is required in order to operate a pharmacy.
In LV: In order to commence independent practice in a pharmacy, a foreign pharmacist or pharmacist's assistant, educated in a state which is not a Member State or a Member State of the EEA, must work for at least one year in a pharmacy in a Member State of the EEA under the supervision of a pharmacist.
Measures:
EL: Law 5607/1932 as amended by Laws 1963/1991 and 3918/2011.
HU: Act XCVIII of 2006 on the General Provisions Relating to the Reliable and Economically Feasible Supply of Medicinal Products and Medical Aids and on the Distribution of Medicinal Products.
LV: Pharmaceutical Law, s. 38.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment:
In IT: The practice of the profession is possible only for natural persons enrolled in the register, as well as for juridical persons in the form of partnerships, where every partner of the company must be an enrolled pharmacist. Enrolment in the pharmacist professional register requires nationality of a Member State or residency and the practice of the profession in Italy. Foreign nationals having the necessary qualifications may enrol if they are citizens of a country with whom Italy has a special agreement, authorising the exercise of the profession, under condition of reciprocity (D. Lgsl. CPS 233/1946 Articles 7-9 and D.P.R. 221/1950 paragraphs 3 and 7). New or vacant pharmacies are authorised following a public competition. Only nationals of a Member State enrolled in the Register of pharmacists (‘albo’) are able to participate in a public competition.
Measures:
IT: Law 362/1991, Articles 1, 4, 7 and 9;
Legislative Decree CPS 233/1946, Articles 7-9; and
Decree of the President of the Republic (D.P.R. 221/1950, paragraphs 3 and 7).
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In CY: Nationality requirement applies for the provision of retail sales of pharmaceuticals, medical and orthopaedic goods and other services provided by pharmacists (CPC 63211).
Measures:
CY: Pharmacy and Poisons Law (Chapter 254) as amended.
With respect to Investment liberalisation – National treatment and Cross-border services – Local presence:
In BG: Permanent residency is required for pharmacists.
Measures:
BG: Law on Medicinal Products in Human Medicine, arts. 146, 161, 195, 222, 228.
With respect to Cross-border trade in services – Local presence:
In DE, SK: Residency is required in order to obtain a licence as a pharmacist or to open a pharmacy for the retail of pharmaceuticals and certain medical goods to the public.
Measures:
DE: Gesetz über das Apothekenwesen (ApoG; German Pharmacy Act);
Gesetz über den Verkehr mit Arzneimitteln (AMG);
Gesetz über Medizinprodukte (MPG);
Verordnung zur Regelung der Abgabe von Medizinprodukten (MPAV).
SK: Act 362/2011 on pharmaceuticals and medical devices, Article 6; and
Act 578/2004 on healthcare providers, medical employees, professional organisation in healthcare.




Reservation No. 4 – Research and development services






Sector – sub-sector:


Research and development (R&D) services




Industry classification:


CPC 851, 853




Type of reservation:


National treatment




Chapter:


Investment liberalisation and Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:
The EU: For publicly funded research and development (R&D) services benefiting from funding provided by the European Union at the European Union level, exclusive rights or authorisations may only be granted to nationals of the Member States and to juridical persons of the European Union having their registered office, central administration or principal place of business in the Union (CPC 851, 853).
For publicly funded R&D services benefiting from funding provided by a Member State exclusive rights or authorisations may only be granted to nationals of the Member State concerned and to juridical persons of the Member State concerned having their headquarters in that Member State (CPC 851, 853).
This reservation is without prejudice to this Agreement and to the exclusion of procurement by a Party or subsidies, in subparagraphs (e) and (f) of Article 18.1(2) of this Agreement.
Measures:
EU: All currently existing and all future European Union research or innovation framework programmes, including the Horizon 2020 Rules for Participation and regulations pertaining to Joint Technology Initiatives (JTIs), and the European Institute for Innovation and Technology (EIT), as well as existing and future national, regional or local research programmes.
Reservation No. 5 – Real estate services






Sector – sub-sector:


Real estate services




Industry classification:


CPC 821, 822




Type of reservation:


National treatment
Most-favoured-nation treatment
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In CY: For the supply of real estate services, nationality and residency condition applies.
Measures:
CY: The Real Estate Agents Law 71(1)/2010 as amended.
With respect to Cross-border trade in services – Local presence:
In CZ: Residency for natural persons and establishment for juridical persons in the Czech Republic are required to obtain the licence necessary for the provision of real estate services.
In HR: Commercial presence in EEA is required to supply real estate services.
In PT: EEA residency is required for natural persons. EEA incorporation is required for juridical persons.
Measures:
CZ: Trade Licensing Act.
HR: Real Estate Brokerage Act (OG 107/07 and 144/12), Article 2.
PT: Decree-Law 211/2004 (Articles 3 and 25), as amended and republished by Decree-Law 69/2011.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – Local presence:
In DK: For the supply of real estate services by a natural person present in the territory of Denmark, only authorised real estate agents who are natural persons that have been admitted to the Danish Business Authority's real estate agent register may use the title of ‘real estate agent’. The act requires that the applicant be a Danish resident or a resident of the European Union, EEA or the Swiss Confederation.
The Act on the sale of real estate is only applicable when providing real estate services to consumers. The Act on the sale of real estate does not apply to the leasing of real estate (CPC 822).
Measures:
DK: Lov om formidling af fast ejendom m.v. lov. nr. 526 af 28.05.2014 (The Act on the sale of real estate).
With respect to Cross-border trade in services – National treatment, Most-favoured-nation treatment:
In SI: In so far as Chile allows Slovenian nationals and enterprises to supply real estate agent services, Slovenia will allow nationals of Chile and enterprises to supply real estate agent services under the same conditions, in addition to the fulfilment of the following requirements: entitlement to act as a real estate agent in the country of origin, submission of the relevant document on impunity in criminal procedures, and inscription into the registry of real estate agents at the competent (Slovenian) ministry.
Measures:
SI: Real Estate Agencies Act.
Reservation No. 6 – Business services






Sector – sub-sector:


Business services – rental or leasing services without operators; services related to management consulting; technical testing and analyses; related scientific and technical consulting services; services incidental to agriculture; security services; placement services; translation and interpretation services and other business services




Industry classification:


ISIC Rev. 3.1 37, part of CPC 612, part of 621, part of 625, 831, part of 85990, 86602, 8675, 8676, 87201, 87202, 87203, 87204, 87205, 87206, 87209, 87901, 87902, 87909, 88, part of 893




Type of reservation:


National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:






(a)


Rental or leasing services without operators (CPC 83103, CPC 831)
With respect to Investment liberalisation – National treatment:
In SE: To fly the Swedish flag, proof of dominating Swedish operating influence must be shown in case of foreign ownership interests in ships. Dominating Swedish operating influence means that the operation of the ship is located in Sweden and that the ship also has more than half of the shares of either Swedish ownership or ownership of persons in another EEA country. Other foreign ships may under certain conditions be granted an exemption from this rule where they are rented or leased by Swedish juridical persons through bareboat charter contracts (CPC 83103).
Measures:
SE: Sjölagen (Maritime Law) (1994:1009), Chapter 1, § 1.
With respect to Cross-border trade in services – Local presence:
In SE: Suppliers of rental or leasing services of cars and certain off-road vehicles (terrängmotorfordon) without a driver, rented or leased for a period of less than one year, are obliged to appoint someone to be responsible for ensuring, among other things, that the business is conducted in accordance with applicable rules and regulations and that the road traffic safety rules are followed. The responsible person must reside in the EEA (CPC 831).
Measures:
SE: Lag (1998: 492) om biluthyrning (Act on renting and leasing cars).










(b)


Rental or leasing services and other business services related to aviation (CPC 83104)
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment, and Cross-border trade in services – National treatment, Most-favoured-nation treatment:
The EU: For rental or leasing of aircraft without crew (dry lease), aircraft used by an air carrier of the European Union are subject to applicable aircraft registration requirements. A dry lease agreement to which a European Union carrier is a party shall be subject to requirements in the European Union or national law on aviation safety, such as prior approval and other conditions applicable to the use of third countries' registered aircraft. To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by enterprises meeting specific criteria regarding ownership of capital and control (CPC 83104).
With respect to computer reservation system (CRS) services, where European Union air carriers are not accorded, by CRS services suppliers operating outside the European Union, equivalent (meaning non-discriminatory) treatment to the treatment provided by European Union CRS service suppliers to air carriers of a third country in the European Union, or where European Union CRS services suppliers are not accorded, by non-European Union air carriers, equivalent treatment to the treatment provided by air carriers in the European Union to CRS service suppliers of a third country, measures may be taken to accord the equivalent discriminatory treatment, respectively, to the non-European Union air carriers by the CRS services suppliers operating in the European Union, or to the non-European Union CRS services suppliers by European Union air carriers.
Measures:
EU: Regulation (EC) No 1008/2008 of the European Parliament and of the Council (6); and Regulation (EC) No 80/2009 of the European Parliament and of the Council (7).
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In BE: Private (civil) aircraft belonging to natural persons who are not nationals of a Member State of the EEA may only be registered if they are domiciled or resident in Belgium without interruption for at least one year. Private (civil) aircraft belonging to foreign legal entities not formed in accordance with the law of a member state of the EEA may only be registered if they have a seat of operations, an agency or an office in Belgium without interruption for at least one year (CPC 83104).
Measures:
BE: Arrêté Royal du 15 mars 1954 réglementant la navigation aérienne.










(c)


Services related to management consulting – arbitration and conciliation services (CPC 86602)
With respect to Cross-border trade in services – National treatment, Local presence:
In BG: For mediation, permanent or long-term residency in the Republic of Bulgaria is required for citizens of countries other than a member state of the EEA or the Swiss Confederation.
In HU: An authorisation, by means of admission into the register, by the minister in charge of the juridical system is required for the pursuit of mediation (such as arbitration and conciliation) activities which may only be granted to legal or natural persons that are established in or resident in Hungary.
Measures:
BG: Mediation Act, Art. 8.
HU: Act LV of 2002 on Mediation.










(d)


Technical testing and analysis services (CPC 8676)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In CY: The provision of services by chemists and biologists requires nationality of a Member State.
In FR: The professions of biologist are reserved for natural persons, EEA nationality required.
Measures:
CY: Registration of Chemists Law of 1988 (Law 157/1988), as amended.
FR: Code de la Santé Publique.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – Local presence:
In BG: Establishment in Bulgaria according to the Bulgarian Commercial Act and registration in the Commercial register is required for provision of technical testing and analysis services.
For the periodical inspection for proof of technical condition of road transport vehicles, the person should be registered in accordance with the Bulgarian Commercial Act or the Non-Profit Legal Persons Act, or else be registered in another Member State of the EEA.
The testing and analysis of the composition and purity of air and water may be conducted only by the Ministry of Environment and Water of Bulgaria, or its agencies in cooperation with the Bulgarian Academy of Sciences.
Measures:
BG: Technical Requirements towards Products Act;
Measurement Act;
Clean Ambient Air Act; and
Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of road transport vehicles.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment, Local presence:
In IT: For biologists, chemical analysts, agronomists and ‘periti agrari’, residency and enrolment in the professional register are required. Third-country nationals can enrol under condition of reciprocity.
Measures:
IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal Decree 842/1928 on the profession of chemical analysts.










(e)


Related scientific and technical consulting services (CPC 8675)
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment, Local presence:
In IT: Residency or professional domicile in Italy is required for enrolment in the geologists' register, which is necessary for the practice of the professions of surveyor or geologist in order to provide services relating to the exploration and the operation of mines, etc. Nationality of a Member State is required; however, foreigners may enrol under condition of reciprocity.
Measures:
IT: Geologists: Law 112/1963, Articles 2 and 5; D.P.R. 1403/1965, Article 1.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In BG: For natural persons, nationality and residency of a Member State of the EEA or the Swiss Confederation is required in order to execute functions pertinent to geodesy, cartography and cadastral surveying. For legal entities, trade registration under the legislation of a Member State of the EEA or the Swiss Confederation is required.
Measures:
BG: Cadastre and Property Register Act; and Geodesy and Cartography Act.
With respect to Investment liberalisation – National Treatment and Cross-border trade in services – National treatment:
In CY: Nationality requirement applies for the provision of relevant services.
Measures:
CY: Law 224/1990 as amended.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In FR: For exploration and prospecting services establishment is required. This requirement may be waived for scientific researchers, by decision of the Minister of scientific research, in agreement with the Minister of Foreign affairs.
Measures:
FR: Loi 46-942 du 7 mai 1946 and décret no71-360 du 6 mai 1971.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In HR: Services of basic geological, geodetic and mining consulting as well as related environmental protection consulting services in the territory of Croatia can be carried out only jointly with or through domestic juridical persons.
Measures:
HR: Ordinance on requirements for issuing approvals to juridical persons for performing professional environmental protection activities (OG No. 57/10), Arts. 32-35.










(f)


Services incidental to agriculture (part of CPC 88)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment, Local presence:
In IT: For biologists, chemical analysts, agronomists and ‘periti agrari’, residency and enrolment in the professional register are required. Third-country nationals can enrol under condition of reciprocity.
Measures:
IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal Decree 842/1928 on the profession of chemical analysts.
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade in services – Most-favoured-nation treatment:
In PT: The professions of biologist, chemical analyst and agronomist are reserved for natural persons. For third-country nationals, reciprocity regime applies in the case of engineers and technical engineers (and not a citizenship requirement). For biologists, there is not a citizenship requirement nor a reciprocity requirement.
Measures:
PT: Decree Law 119/92 alterado p/ Lei 123/2015, 2 set. (Ordem Engenheiros);
Law 47/2011 alterado p/ Lei 157/2015, 17 set. (Ordem dos Engenheiros Técnicos); and
Decree Law 183/98 alterado p/ Lei 159/2015, 18 set. (Ordem dos Biólogos).










(g)


Security Services (CPC 87302, 87303, 87304, 87305, 87309)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In IT: Nationality of a Member State and residency is required in order to obtain the necessary authorisation to supply security guard services and the transport of valuables.
In PT: The provision of security services by a foreign supplier on a cross-border basis is not allowed.
A nationality requirement exists for specialised personnel.
Measures:
IT: Law on public security (TULPS) 773/1931, Articles 133-141; Royal Decree 635/1940, Article 257.
PT: Law 34/2013 alterada p/ Lei 46/2019, 16 maio; and Ordinance 273/2013 alterada p/ Portaria 106/2015, 13 abril.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – Local presence:
In DK: Residence requirement for individuals applying for an authorisation to provide security services.
Residence is also required for managers and the majority of members of the board of a legal entity applying for an authorisation to conduct security services. However, residence for management and boards of directors is not required to the extent it follows from international agreements or orders issued by the Minister for Justice.
Measures:
DK: Lovbekendtgørelse 2016-01-11 nr. 112 om vagtvirksomhed.
With respect to Cross-border trade in services – Local presence:
In EE: Residency is required for security guards.
Measures:
EE: Turvaseadus (Security Act) § 21, § 22.










(h)


Placement Services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment (applies to the regional level of government):
In BE: In all Regions in Belgium, a company having its head office outside the EEA has to demonstrate that it supplies placement services in its country of origin. In the Walloon Region, a specific type of legal entity (régulièrement constituée sous la forme d'une personne morale ayant une forme commerciale, soit au sens du droit belge, soit en vertu du droit d'un Etat membre ou régie par celui-ci, quelle que soit sa forme juridique) is required to supply placement services. A company having its head office outside the EEA has to demonstrate that it fulfils the conditions as set out in the Decree (for instance on the type of legal entity). In the German-speaking community, a company having its head office outside the EEA has to fulfil the admission criteria established by the mentioned Decree (CPC 87202).
Measures:
BE: Flemish Region: Article 8, § 3, Besluit van de Vlaamse Regering van 10 december 2010 tot uitvoering van het decreet betreffende de private arbeidsbemiddeling.
Walloon Region: Décret du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences de placement (Decree of 3 April 2009 on registration of placement agencies), Article 7; and Arrêté du Gouvernement wallon du 10 décembre 2009 portant exécution du décret du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences de placement (Decision of the Walloon Government of 10 December 2009 implementing the Decree of 3 April 2009 on registration of placement agencies), Article 4.
German-speaking community: Dekret über die Zulassung der Leiharbeitsvermittler und die Überwachung der privaten Arbeitsvermittler / Décret du 11 mai 2009 relatif à l'agrément des agences de travail intérimaire et à la surveillance des agences de placement privées, Article 6.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In DE: Nationality of a Member State of the EEA or a commercial presence in the European Union is required in order to obtain a licence to operate as a temporary employment agency (pursuant to s. 3 paragraphs 3 to 5 of this Act on temporary agency work (Arbeitnehmerüberlassungsgesetz). The Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of non-EEA personnel for specified professions e.g. for health and care related professions. The licence or its extension shall be refused if establishments, parts of establishments or ancillary establishments which are not located in the EEA are intended to execute the temporary employment (pursuant to Sec. 3 paragraph 2 of the Act on temporary agency work (Arbeitnehmerüberlassungsgesetz).
In ES: Prior to the start of the activity, placement agencies are required to submit a sworn statement certifying the fulfilment of the requirements stated by the current legislation (CPC 87201, 87202).
Measures:
DE: Gesetz zur Regelung der Arbeitnehmerüberlassung (AÜG);
Sozialgesetzbuch Drittes Buch (SGB III; Social Code, Book Three) – Employment Promotion;
Verordnung über die Beschäftigung von Ausländerinnen und Ausländern (BeschV; Ordinance on the Employment of Foreigners).
ES: Real Decreto-ley 8/2014, de 4 de julio, de aprobación de medidas urgentes para el crecimiento, la competitividad y la eficiencia (tramitado como Ley 18/2014, de 15 de octubre).










(i)


Translation and interpretation services (CPC 87905)
With respect to Investment liberalisation – National treatment:
In BG: To carry out official translation activities foreign natural persons are required to hold a permit for long-term, prolonged or permanent residency in the Republic of Bulgaria.
Measures:
BG: Regulation for the legalisation, certification and translation of documents.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In CY: Registration to the Register of Sworn Translators of the Council of Registration of Sworn Translators is necessary for the provision of official translation and certification services. Nationality requirement applies.
In HR: EEA nationality is required for certified translators.
Measures:
CY: The Registration and Regulation of Certified Translator Services Law of 2019 (45(I)/2019) as amended.
HR: Ordinance on permanent court interpreters (OG 88/2008), Article 2.
With respect to Cross-border trade in services – Local presence:
In FI: Residency in the EEA is required for certified translators.
Measures:
FI: Laki auktorisoiduista kääntäjistä (Act on Authorised Translators) (1231/2007), 2 § paragraph 1).










(j)


Other business services (part of CPC 612, part of 621, part of 625, 87901, 87902, 88493, part of 893, part of 85990, 87909, ISIC 37)
With respect to Cross-border trade in services – Local presence:
In SE: Establishment is required for Pawn-shops (part of CPC 87909).
Measures:
SE: Pawn shop act (1995:1000).
With respect to Investment liberalisation – National Treatment:
In PT: Nationality of a Member State is required for the provision of collection agency services and credit reporting services (CPC 87901, 87902).
Measures:
PT: Law 49/2004.
With respect to Investment liberalisation – National Treatment and Cross-border trade in services – Local presence:
In CZ: Auction services are subject to licence. To obtain a licence (for the supply of voluntary public auctions), a company must be incorporated in the Czech Republic and a natural person is required to obtain a residency permit, and the company, or natural person must be registered in the Commercial Register of the Czech Republic (part of CPC 612, part of 621, part of 625, part of 85990).
Measures:
CZ: Act no.455/1991 Coll.;
Trade Licence Act; and
Act no. 26/2000 Coll., on public auctions.
With respect to Cross-border trade in services – Local presence:
In CZ: Only an authorised package company is allowed to supply services relating to packaging take-back and recovery and must be established as juridical person (CPC 88493, ISIC 37).
Measures:
CZ: Act. 477/2001 Coll. (Packaging Act) paragraph 16.




Reservation No. 7 – Construction Services






Sector – sub-sector:


Construction and related engineering services




Industry classification:


CPC 51




Type of reservation:


National treatment




Chapter:


Investment liberalisation; Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:
In CY: Nationality requirement.
Measure:
CY: The Registration and Control of Contractors of Building and Technical Works Law of 2001 (29 (I) / 2001), Articles 15 and 52.
Reservation No. 8 – Distribution services






Sector – sub-sector:


Distribution services – general, distribution of tobacco




Industry classification:


CPC 3546, part of 621, 6222, 631, part of 632




Type of reservation:


National treatment
Local presence




Chapter:


Investment liberalisation; Cross-Border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:






(a)


Distribution services (CPC 3546, 631, 632 except 63211, 63297, 62276, part of 621)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In CY: Nationality requirement exists for distribution services provided by pharmaceutical representatives (CPC 62117).
Measures:
CY: Law 74(I) 2020 as amended.
With respect to Cross-border trade in services – Local presence:
In LT: The distribution of pyrotechnics is subject to licensing. Only juridical persons of the European Union may obtain a licence (CPC 3546).
Measures:
LT: Law on Supervision of Civil Pyrotechnics Circulation (23 March 2004. No. IX-2074).










(b)


Distribution of tobacco (part of CPC 6222, 62228, part of 6310, 63108)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In ES: Establishment is subject to a Member State nationality requirement. Only natural persons may operate as a tobacconist. Each tobacconist cannot obtain more than one licence (CPC 63108).
In FR: Nationality requirement for tobacconists (buraliste) (part of CPC 6222, part of 6310).
Measures:
ES: Law 14/2013 of 27 September 2014.
FR: Code général des impôts.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In AT: Authorisations are given with priority to nationals of a Member State of the EEA (CPC 63108).
Measures:
AT: Tobacco Monopoly Act 1996, § 5 and § 27.
With respect to Cross-border trade in services – National treatment:
In IT: In order to distribute and sell tobacco, a licence is needed. The licence is granted through public procedures. The granting of licences is subject to an economic needs test. Main criteria: population and geographical density of existing selling points (part of CPC 6222, part of 6310).
Measures:
IT: Legislative Decree 184/2003;
Law 165/1962;
Law 3/2003;
Law 1293/1957;
Law 907/1942; and
Decree of the President of the Republic (D.P.R.) 1074/1958.




Reservation No. 9 – Education services






Sector – sub-sector:


Education services (privately funded)




Industry classification:


CPC 921, 922, 923, 924




Type of reservation:


National treatment
Senior management and boards of directors
Local presence




Chapter:


Investment liberalisation; Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:
With respect to Investment liberalisation – National treatment, Senior management and boards of directors:
In CY: Nationality of a Member State is required for owners and majority shareholders in a privately funded school. Nationals of Chile may obtain authorisation from the Minister of Education in accordance with the specified form and conditions.
Measures:
CY: Private Schools Law of 2019 (N. 147(I)/2019), as amended; The Institutions of Tertiary Education Law 1996 (N. 67(I)/1996) as amended; and the Private Universities (Establishment, Operation and Control) Law 2005 (N. 109(I)/2005) as amended.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In BG: Privately funded primary and secondary education services may only be supplied by authorised Bulgarian enterprises (commercial presence is required). Bulgarian kindergartens and schools having foreign participation may be established or transformed at the request of associations, or corporations, or enterprises of Bulgarian and foreign natural or legal entities, duly registered in Bulgaria, by decision of the Council of Ministers on a motion by the Minister of Education and Science. Foreign owned kindergartens and schools may be established or transformed at the request of foreign legal entities in accordance with international agreements and conventions and under the provisions above. Foreign higher education institutions cannot establish subsidiaries in the territory of Bulgaria. Foreign higher education institutions may open faculties, departments, institutes and colleges in Bulgaria only within the structure of Bulgarian high schools and in cooperation with them (CPC 921, 922).
Measures:
BG: Pre-school and School Education Act; and
Law for the Higher Education, paragraph 4 of the additional provisions.
With respect to Investment liberalisation – National treatment, Local presence:
In SI: Privately funded elementary schools may be founded by Slovenian natural or juridical persons only. The service supplier must establish a registered office or branch office (CPC 921).
Measures:
SI: Organisation and Financing of Education Act (Official Gazette of Republic of Slovenia, no. 12/1996) and its revisions, Article 40.
With respect to Cross-border trade in services – Local presence:
In CZ and SK: Establishment in a Member State is required to apply for state approval to operate as a privately funded higher education institution. This reservation does not apply to post-secondary technical and vocational education services (CPC 92310).
Measures:
CZ: Act No. 111/1998, Coll. (Higher Education Act), § 39; and
Act No. 561/2004 Coll. on Pre-school, Basic, Secondary, Tertiary Professional and Other Education (the Education Act).
SK: Law No. 131 of 21 February 2002 on Universities.
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – Local presence:
In EL: Nationality of a Member State is required for owners and a majority of the members of the board of directors in privately funded primary and secondary schools, and for teachers in privately funded primary and secondary education (CPC 921, 922). Education at university level shall be provided exclusively by institutions which are fully self-governed public law juridical persons. However, Law 3696/2008 permits the establishment by European Union residents (natural or juridical persons) of private tertiary education institutions granting certificates which are not recognised as being equivalent to university degrees (CPC 923).
Measures:
EL: Laws 682/1977, 284/1968, 2545/1940, Presidential Decree 211/1994 as amended by Presidential Decree 394/1997, Constitution of Hellas, Article 16, paragraph 5 and Law 3549/2007.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment:
In FR: Nationality of a Member State is required in order to teach in a privately funded educational institution (CPC 921, 922, 923). However, nationals of Chile may obtain an authorisation from the relevant competent authorities in order to teach in primary, secondary and higher level educational institutions. Nationals of Chile may also obtain an authorisation from the relevant competent authorities in order to establish and operate or manage primary, secondary or higher level educational institutions. Such authorisation is granted on a discretionary basis.
Measures:
FR: Code de l'éducation.
With respect to Investment – National treatment and Cross-border trade in services – National treatment:
In MT: Service suppliers seeking to provide privately funded higher or adult education services must obtain a licence from the Ministry of Education and Employment. The decision on whether to issue a licence may be discretionary (CPC 923, 924).
Measures:
MT: Legal Notice 296 of 2012.
Reservation No. 10 – Environmental services






Sector – sub-sector:


Environmental services – processing and recycling of used batteries and accumulators, old cars and waste from electrical and electronic equipment; protection of ambient air and climate cleaning services of exhaust gases




Industry classification:


Part of CPC 9402, 9404




Type of reservation:


Local presence




Chapter:


Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:
In SE: Only entities established in Sweden or having their principal seat in Sweden are eligible for accreditation to perform control services of exhaust gas (CPC 9404).
In SK: For processing and recycling of used batteries and accumulators, waste oils, old cars and waste from electrical and electronic equipment, incorporation in the EEA is required (residency requirement) (part of CPC 9402).
Measures:
SE: The Vehicles Act (2002:574).
SK: Act 79/2015 on Waste.
Reservation No. 11 – Health services and social services






Sector – sub-sector:


Health services and social services




Industry classification:


CPC 931, 933




Type of reservation:


National treatment




Chapter:


Investment liberalisation and Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:
With respect to Investment liberalisation – National treatment:
In FR: For hospital and ambulance services, residential health facilities (other than hospital services) and social services, an authorisation is necessary in order to exercise management functions. The authorisation process takes into account the availability of local managers.
Measures:
FR: Loi no 90-1258 relative à l'exercice sous forme de société des professions libérales, Loi no 2011-940 du 10 août 2011 modifiant certaines dispositions de la Loi no 2009-879 dite HPST, Loi no 47-1775 portant statut de la coopération; and Code de la santé publique.
Reservation No. 12 – Tourism and travel related services






Sector – sub-sector:


Tourism and travel related services – hotels, restaurants and catering; travel agencies and tour operators services (including tour managers); tourist guides services




Industry classification:


CPC 641, 642, 643, 7471, 7472




Type of reservation:


National treatment
Senior management and boards of directors
Local presence




Chapter:


Investment liberalisation; Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment:
In BG: Tour operation or travel agency services may be provided by a person established in the EEA if, upon establishment in the territory of Bulgaria, the said person presents a copy of a document certifying the right thereof to practice that activity and a certificate or another document issued by a credit institution or an insurer containing data of the existence of insurance covering the liability of the said person for damage which may ensue as a result of a culpable non-fulfilment of professional duties. The number of foreign managers may not exceed the number of managers who are Bulgarian nationals, in cases where the public (state or municipal) share in the equity capital of a Bulgarian company exceeds 50 %. EEA nationality requirement for tourist guides (CPC 641, 642, 643, 7471, 7472).
Measures:
BG: Law for Tourism, Articles 61, 113 and 146.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In CY: A licence to establish and operate a tourism and travel company or agency, as well as the renewal of an operating licence of an existing company or agency, shall be granted only to European Union natural or juridical persons. No non-resident company, except those established in another Member State, can provide in the Republic of Cyprus, on an organised or permanent basis, the activities referred to under Article 3 of the abovementioned Law, unless represented by a resident company. The provision of tourist guide services and travel agencies and tour operators services requires nationality of a Member State (CPC 7471, 7472).
Measures:
CY: The Tourism and Travel Offices and Tourist Guides Law 1995 (Law 41(I)/1995) as amended).
With respect to Investment liberalisation –National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment:
In EL: Third-country nationals have to obtain a diploma from the Tourist Guide Schools of the Greek Ministry of Tourism, in order to be entitled to the right of practicing the profession. By exception, the right of practicing the profession can be temporarily (up to one year) accorded to third-country nationals under certain explicitly defined conditions, by way of derogation from the above-mentioned provisions, in the event of the confirmed absence of a tourist guide for a specific language.
Measures:
EL: Presidential Degree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B), Article 50 of the law 4403/2016, Article 47 of the law 4582/2018 (Gov. Gazette 208/A).
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In ES (for ES applies also to the regional level of government): Nationality of a Member State is required for the provision of tourist guide services (CPC 7472).
In HR: EEA nationality is required for hospitality and catering services in households and rural homesteads (CPC 641, 642, 643, 7471, 7472).
Measures:
ES: Andalucía: Decreto 8/2015, de 20 de enero, Regulador de guías de turismo de Andalucía;
Aragón: Decreto 21/2015, de 24 de febrero, Reglamento de Guías de turismo de Aragón;
Cantabria: Decreto 51/2001, de 24 de julio, Article 4, por el que se modifica el Decreto 32/1997, de 25 de abril, por el que se aprueba el reglamento para el ejercicio de actividades turístico-informativas privadas;
Castilla y León: Decreto 25/2000, de 10 de febrero, por el que se modifica el Decreto 101/1995, de 25 de mayo, por el que se regula la profesión de guía de turismo de la Comunidad Autónoma de Castilla y León;
Castilla la Mancha: Decreto 86/2006, de 17 de julio, de Ordenación de las Profesiones Turísticas;
Cataluña: Decreto Legislativo 3/2010, de 5 de octubre, para la adecuación de normas con rango de ley a la Directiva 2006/123/CE, del Parlamento y del Consejo, de 12 de diciembre de 2006, relativa a los servicios en el mercado interior, Article 88;
Comunidad de Madrid: Decreto 84/2006, de 26 de octubre del Consejo de Gobierno, por el que se modifica el Decreto 47/1996, de 28 de marzo;
Comunidad Valenciana: Decreto 90/2010, de 21 de mayo, del Consell, por el que se modifica el reglamento regulador de la profesión de guía de turismo en el ámbito territorial de la Comunitat Valenciana, aprobado por el Decreto 62/1996, de 25 de marzo, del Consell;
Extremadura: Decreto 37/2015, de 17 de marzo;
Galicia: Decreto 42/2001, de 1 de febrero, de Refundición en materia de agencias de viajes, guias de turismo y turismo activo;
Illes Balears: Decreto 136/2000, de 22 de septiembre, por el cual se modifica el Decreto 112/1996, de 21 de junio, por el que se regula la habilitación de guía turístico en las Islas Baleares;
Islas Canarias: Decreto 13/2010, de 11 de febrero, por el que se regula el acceso y ejercicio de la profesión de guía de turismo en la Comunidad Autónoma de Canarias, Article 5;
La Rioja: Decreto 14/2001, de 4 de marzo, Reglamento de desarrollo de la Ley de Turismo de La Rioja;
Navarra: Decreto Foral 288/2004, de 23 de agosto. Reglamento para actividad de empresas de turismo activo y cultural de Navarra.
Principado de Asturias: Decreto 59/2007, de 24 de mayo, por el que se aprueba el Reglamento regulador de la profesión de Guía de Turismo en el Principado de Asturias; and
Región de Murcia: Decreto n.o 37/2011, de 8 de abril, por el que se modifican diversos decretos en materia de turismo para su adaptación a la ley 11/1997, de 12 de diciembre, de turismo de la Región de Murcia tras su modificación por la ley 12/2009, de 11 de diciembre, por la que se modifican diversas leyes para su adaptación a la directiva 2006/123/CE, del Parlamento Europeo y del Consejo de 12 de diciembre de 2006, relativa a los servicios en el mercado interior.
HR: Hospitality and Catering Industry Act (OG 138/06, 152/08, 43/09, 88/10 i 50/12); and Act on Provision of Tourism Services (OG No. 68/07 and 88/10).
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In HU: The supply of travel agent and tour operator services, and tourist guide services on a cross-border basis is subject to a licence issued by the Hungarian Trade Licensing Office. Licences are reserved to EEA nationals and juridical persons having their seats in the EEA (CPC 7471, 7472).
In IT (applies also to the regional level of government): tourist guides from non-European Union countries need to obtain a specific licence from the region in order to act as a professional tourist guide. Tourist guides from Member States can work freely without the requirement for such a licence. The licence is granted to tourist guides demonstrating adequate competence and knowledge (CPC 7472).
Measures:
HU: Act CLXIV of 2005 on Trade, Government Decree No. 213/1996 (XII.23.) on Travel Organisation and Agency Activities.
IT: Law 135/2001 Articles 7.5 and 6; and Law 40/2007 (DL 7/2007).
Reservation No. 13 – Recreational, cultural and sporting services






Sector – sub-sector:


Recreational services; other sporting services




Industry classification:


CPC 962, part of 96419




Type of reservation:


National treatment
Senior management and boards of directors




Chapter:


Investment liberalisation; Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:






(a)


News and press agencies (CPC 962)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors:
In CY: Establishment and operation of press agencies/sub-agencies in Cyprus is granted only to citizens of Cyprus or EU citizens or to legal entities governed by citizens of Cyprus or EU citizens.
Measures:
CY: Press Law (N.145/89) as amended.










(b)


Other sporting services (CPC 96419)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment:
In AT (applies to the regional level of government): The operation of ski schools and mountain guide services is governed by the laws of the Bundesländer. The provision of these services may require nationality of a Member State of the EEA. Enterprises may be required to appoint a managing director who is a national of a Member State of the EEA.
Measures:
AT: Kärntner Schischulgesetz, LGBL. Nr. 53/97;
Kärntner Berg- und Schiführergesetz, LGBL. Nr. 25/98;
NÖ- Sportgesetz, LGBL. Nr. 5710;
OÖ- Sportgesetz, LGBl. Nr. 93/1997;
Salzburger Schischul- und Snowboardschulgesetz, LGBL. Nr. 83/89;
Salzburger Bergführergesetz, LGBL. Nr. 76/81;
Steiermärkisches Schischulgesetz, LGBL. Nr. 58/97;
Steiermärkisches Berg- und Schiführergesetz, LGBL. Nr. 53/76;
Tiroler Schischulgesetz. LGBL. Nr. 15/95;
Tiroler Bergsportführergesetz, LGBL. Nr. 7/98;
Vorarlberger Schischulgesetz, LGBL. Nr. 55/02 § 4 (2)a;
Vorarlberger Bergführergesetz, LGBL. Nr. 54/02; and
Wien: Gesetz über die Unterweisung in Wintersportarten, LGBL. Nr. 37/02.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In CY: Nationality requirement for the establishment of a dance school and nationality requirement for physical instructors.
Measures:
CY: Law 65(I)/1997 as amended; and
Law 17(I)/1995 as amended.




Reservation No. 14 – Transport services and services auxiliary to transport services






Sector – sub-sector:


Transport services – fishing and water transportation – any other commercial activity undertaken from a ship; water transportation and auxiliary services for water transport; rail transport and auxiliary services to rail transport; road transport and services auxiliary to road transport; services auxiliary to air transport services




Industry classification:


ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 711, 712, 721, 741, 742, 743, 744, 745, 748, 749, 7461, 7469, 83103, 86751, 86754, 8730, 882




Type of reservation:


National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Local presence




Chapter:


Investment liberalisation; Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:






(a)


Maritime transport and auxiliary services for maritime transport. Any commercial activity undertaken from a ship (ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 721, Part of 742, 745, 74540, 74520, 74590, 882)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors; Cross-border trade in services – National treatment:
In BG: The carriage and any activities related to hydraulic-engineering and underwater technical works, prospecting and extraction of mineral and other inorganic resources, pilotage, bunkering, receipt of waste, water-and-oil mixtures and other such, performed by vessels in the internal waters, and the territorial sea of Bulgaria, may only be performed by vessels flying the Bulgarian flag or vessels flying the flag of another Member State.
Nationality requirement for supporting services. The master and the chief engineer of the vessel shall mandatorily be nationals of a Member State of the EEA, or of the Swiss Confederation (ISIC Rev. 3.1 0501, 0502, CPC 5133, 5223, 721, 74520, 74540, 74590, 882).
Measures:
BG: Merchant Shipping Code; Law For the Sea Water, Inland Waterways and Ports of the Republic of Bulgaria; Ordinance for the condition and order for selection of Bulgarian carriers for carriage of passengers and cargoes under international treaties; and Ordinance 3 for servicing of unmanned vessels.
With respect to Cross-border trade in services – Local presence:
In DK: Pilotage-providers may only conduct pilotage service in Denmark if they are domiciled in the EEA and registered and approved by the Danish Authorities in accordance with the Danish Act on Pilotage (CPC 74520).
Measures:
DK: Danish Pilotage Act, § 18.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment:
In DE (applies also to the regional level of government): A vessel that does not belong to a national of a Member State may only be used for activities other than transport and auxiliary services in the German federal waterways after specific authorisation. Waivers for non-European Union vessels may only be granted if no European Union vessels are available or if they are available under very unfavourable conditions, or on the basis of reciprocity. Waivers for vessels flying under Chilean flag may be granted on the basis of reciprocity (§ 2 paragraph 3 KüSchVO). All activities falling within the scope of the pilot law are regulated and accreditation is restricted to nationals of the EEA or the Swiss Confederation. Provision and operation of facilities for pilotage is restricted to public authorities or companies, which are designated by them.
For rental or leasing of seagoing vessels with or without operators, and for rental or leasing without operator of non-seagoing vessels, the conclusion of contracts for freight transport by ships flying a foreign flag or the chartering of such vessels may be restricted, depending on the availability of ships flying under the German flag or the flag of another Member State.
Transactions between residents and non-residents within the economic area may be restricted (Water transport, Supporting services for water transport, Rental of ships, Leasing services of ships without operators (CPC 721, 745, 83103, 86751, 86754, 8730)), if they concern:






(i)


rental of inland waterway transport vessels, which are not registered in the economic area;










(ii)


transport of freight with such inland waterway transport vessels; or










(iii)


towing services by such inland waterway transport vessels.




Measures:
DE: Gesetz über das Flaggenrecht der Seeschiffe und die Flaggenführung der Binnenschiffe (Flaggenrechtsgesetz; Flag Protection Act);
Verordnung über die Küstenschifffahrt (KüSchV);
Gesetz über die Aufgaben des Bundes auf dem Gebiet der Binnenschiffahrt (Binnenschiffahrtsaufgabengesetz – BinSchAufgG);
Verordnung über Befähigungszeugnisse in der Binnenschiffahrt (Binnenschifferpatentverordnung – BinSchPatentV);
Gesetz über das Seelotswesen (Seelotsgesetz – SeeLG);
Gesetz über die Aufgaben des Bundes auf dem Gebiet der Seeschiffahrt (Seeaufgabengesetz – SeeAufgG); and
Verordnung zur Eigensicherung von Seeschiffen zur Abwehr äußerer Gefahren (See-Eigensicherungsverordnung – SeeEigensichV).
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In FI: Supporting services for maritime transport when provided in Finnish maritime waters are reserved to fleets operating under the national, European Union or Norwegian flag (CPC 745).
Measures:
FI: Merilaki (Maritime Act) (674/1994); and
Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919), § 4.










(b)


Rail transport and auxiliary services to rail transport (CPC 711, 743)
With respect to Investment liberalisation – National treatment, and Cross-border trade in services – National treatment, Local presence:
In BG: Only nationals of a Member State may provide rail transport or supporting services for rail transport in Bulgaria. A licence to carry out passenger or freight transportation by rail is issued by the Minister of Transport to railway operators registered as traders (CPC 711, 743).
Measures:
BG: Law for Railway Transport, Articles 37, 48.










(c)


Road transport and services auxiliary to road transport (CPC 712, 7121, 7122, 71222, 7123)
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment, and Cross-border trade in services – National treatment, Local presence:
In AT (with respect also to Most-favoured-nation treatment): For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of the Contracting Parties of the EEA and to juridical persons of the European Union having their headquarters in Austria. Licences are granted on non–discriminatory terms, under condition of reciprocity (CPC 712).
Measures:
AT: Güterbeförderungsgesetz (Goods Transportation Act), BGBl. Nr. 593/1995; § 5;
Gelegenheitsverkehrsgesetz (Occasional Traffic Act), BGBl. Nr. 112/1996; § 6; and
Kraftfahrliniengesetz (Law on Scheduled Transport), BGBl. I Nr. 203/1999 as amended, § § 7 and 8.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment:
In EL: For operators of road freight transport services. In order to engage in the occupation of road freight transport operator a Hellenic licence is needed. Licences are granted on non-discriminatory terms, under condition of reciprocity (CPC 7123).
Measures:
EL: Licensing of road freight transport operators: Greek law 3887/2010 (Government Gazette A' 174), as amended by Article 5 of law 4038/2012 (Government Gazette A' 14).
With respect to Cross-border trade in services – Local presence:
In CZ: Establishment in the Czech Republic is required.
Measures:
CZ: Act no. 111/1994. Coll. on Road Transport.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment:
In SE: In order to engage in the occupation of road transport operator, a Swedish licence is needed. Criteria for receiving a taxi licence include that the company has appointed a natural person to act as the transport manager (a de facto residency requirement – see the Swedish reservation on types of establishment).
Criteria for receiving a licence for other road transport operators require that the company be established in the European Union, have an establishment situated in Sweden and have appointed a natural person to act as the transport manager, who must be resident in the European Union.
Measures:
SE: Yrkestrafiklag (2012:210) (Act on professional traffic);
Yrkestrafikförordning (2012:237) (Government regulation on professional traffic);
Taxitrafiklag (2012:211) (Act on Taxis); and
Taxitrafikförordning (2012:238) (Government regulation on taxis).
With respect to Cross-border trade in services – Local presence:
In SK: A taxi service concession and a permit for the operation of taxi dispatching can be granted to a person who has a residence or place of establishment in the territory of the Slovak Republic or in another EEA Member State.
Measures:
SK: Act 56/2012 Coll. on Road Transport










(d)


Services auxiliary to air transport services
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment:
In EU: For groundhandling services, establishment within the European Union territory may be required. Reciprocity is required.
Measures:
EU: Council Directive 96/67/EC of 15 October 1996
                      (8).
In BE (applies also to the regional level of government): For groundhandling services, reciprocity is required.
Measures:
BE: Arrêté Royal du 6 novembre 2010 réglementant l'accès au marché de l'assistance en escale à l'aéroport de Bruxelles-National (Article 18);
Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de Vlaamse regionale luchthavens (Article 14); and
Arrêté du Gouvernement wallon réglementant l'accès au marché de l'assistance en escale aux aéroports relevant de la Région wallonne (Article14).










(e)


Supporting services for all modes of transport (part of CPC 748)
With respect to Cross-border trade in services – Local presence:
The EU (applies also to the regional level of government): Customs clearance services may only be provided by European Union residents or juridical persons established in the European Union.
Measures:
EU: Regulation (EU) No 952/2013 of the European Parliament and of the Council (9).










(f)


Provision of combined transport services
With respect to Cross-border trade in services – Local presence:
The EU (applies also to the regional level of government): With the exception of FI: only hauliers established in a Member State who meet the conditions of access to the occupation and access to the market for transport of goods between Member States may, in the context of a combined transport operation between Member States, carry out initial or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier. Limitations affecting any given modes of transport apply.
Necessary measures can be taken to ensure that the motor vehicle taxes applicable to road vehicles routed in combined transport are reduced or reimbursed.
Measures:
EU: Council Directive 1992/106/EEC (10).




Reservation No. 15 – Mining and Energy related activities






Sector – sub-sector:


Mining and quarrying – energy producing materials; mining and quarrying – metal ores and other mining; Energy related activities – production, transmission and distribution on own account of electricity, gas, steam and hot water; pipeline transportation of fuels; storage and warehouse of fuels transported through pipelines; and services incidental to energy distribution




Industry classification:


ISIC Rev. 3.1 10, 11, 12, 13, 14, 40, CPC 5115, 63297, 713, part of 742, 8675, 883, 887




Type of reservation:


National treatment
Senior management and boards of directors
Local presence




Chapter:


Investment liberalisation; Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:






(a)


Mining and quarrying (ISIC Rev. 3.1 10, 11, 12: CPC 5115, 7131, 8675, 883)
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment:
In BG: The activities of prospecting or exploration of underground natural resources on the territory of the Republic of Bulgaria, in the continental shelf and in the exclusive economic zone in the Black Sea are subject to permission, while the activities of extraction and exploitation are subject to concession granted under the Underground Natural Resources Act.
It is forbidden for companies registered in preferential tax treatment jurisdictions (that is, offshore zones) or related, directly or indirectly, to such companies to participate in open procedures for granting permits or concessions for prospecting, exploration or extraction of natural resources, including uranium and thorium ores, as well as to operate an existing permit or concession which has been granted, as such operations are precluded, including the possibility to register the geological or commercial discovery of a deposit as a result of exploration.
The mining of uranium ore is closed by Decree of the Council of Ministers No. 163 of 20 August 1992.
With regard to exploration and mining of thorium ore, the general regime of permits and concessions applies. Decisions to allow the exploration or mining of thorium ore are taken on a non-discriminatory individual case-by-case basis.
According to Decision of the National Assembly of the Republic of Bulgaria of 18 January 2012 (ch. 14 June 2012) any usage of hydraulic fracturing technology that is, fracking, for activities of prospecting, exploration or extraction of oil and gas is forbidden.
Exploration and extraction of shale gas is forbidden (ISIC 10, 11, 12, 13, 14).
Measures:
BG: Underground Natural Resources Act;
Concessions Act;
Law on Privatisation and Post-Privatisation Control;
Safe Use of Nuclear Energy Act; Decision of the National Assembly of the Republic of Bulgaria of 18 January 2012; Economic and Financial Relations with Companies Registered in Preferential Tax Treatment Jurisdictions, the Persons Controlled Thereby and Their Beneficial Owners Act; and Subsurface Resources Act.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment:
In CY: The Council of Ministers may refuse to allow the activities of prospection, exploration and exploitation of hydrocarbons to be carried out by any entity which is effectively controlled by Chile or by nationals of Chile. After the granting of an authorisation, no entity may come under the direct or indirect control of Chile or a national of Chile without the prior approval of the Council of Ministers. The Council of Ministers may refuse to grant an authorisation to an entity which is effectively controlled by Chile or by a national of Chile, if Chile does not grant entities of the Republic of Cyprus or entities of Member States as regards access to and exercise of the activities of prospecting, exploring for and exploiting hydrocarbons, treatment comparable to that which the Republic of Cyprus or Member State grants entities from Chile (ISIC Rev 3.1 1110).
Measures:
CY: The Hydrocarbons (Prospection, Exploration and Exploitation Law) of 2007, (Law 4(I)/2007) as amended.
With respect to Investment liberalisation – National treatment and Cross-border services – Local presence:
In SK: For mining, activities related to mining and geological activity, incorporation in the EEA is required (no branching). Mining and prospecting activities covered by Act of the Slovak Republic 44/1988 on protection and exploitation of natural resources are regulated on a non-discriminatory basis, including through public policy measures seeking to ensure the conservation and protection of natural resources and the environment such as the authorisation or prohibition of certain mining technologies. For greater certainty, such measures include the prohibition of the use of cyanide leaching in the treatment or refining of minerals, the requirement of a specific authorisation in the case of fracking for activities of prospecting, exploration or extraction of oil and gas, as well as prior approval by local referendum in the case of nuclear/radioactive mineral resources. This does not increase the non-conforming aspects of the existing measure for which the reservation is taken. (ISIC 10, 1112, 13, 14, CPC 5115, 7131, 8675 and 883).
Measures:
SK: Act 51/1988 on Mining, Explosives and State Mining Administration; and Act 569/2007 on Geological Activity, Act 44/1988 on protection and exploitation of natural resources.
With respect to Cross-border trade in services – Local presence:
In FI: The exploration for and exploitation of mineral resources are subject to a licensing requirement, which is granted by the Government in relation to the mining of nuclear material. A permit of redemption for a mining area is required from the Government. Permission may be granted to a natural person resident in the EEA or a juridical person established in the EEA (ISIC Rev. 3.1 120, CPC 5115, 883, 8675).
In IE: Exploration and mining companies operating in Ireland are required to have a presence there. In the case of minerals exploration, there is a requirement that companies (Irish and foreign) employ either the services of an agent or a resident exploration manager in Ireland while work is being undertaken. In the case of mining, it is a requirement that a State Mining Lease or Licence be held by a company incorporated in Ireland. There are no restrictions as to ownership of such a company (ISIC Rev. 3.1 10, 3.1 13, 3.1 14, CPC 883).
In LT: All subsurface mineral resources (energy, metals, industrial and construction minerals) in Lithuania are of exclusive state-ownership. Licences of geological exploration or exploitation of mineral resources may be granted to a natural person resident in the EU and in the EEA or a juridical person established in the EU and in the EEA.
Measures:
FI: Kaivoslaki (Mining Act) (621/2011); and
Ydinenergialaki (Nuclear Energy Act) (990/1987).
IE: Minerals Development Acts 1940 – 2017; and Planning Acts and Environmental Regulations.
LT: The Constitution of the Republic of Lithuania, 1992; last amendment 21 of March 2019 No. XIII-2004; The Underground Law No. I-1034, 1995, new redaction from 10 of April 2001 No. IX-243, last amendment 14 of April 2016 No XII-2308.
With respect only to Investment – National treatment and Cross-border trade in services – Local presence:
In SI: The exploration for and exploitation of mineral resources, including regulated mining services, are subject to establishment in or citizenship of the EEA, the Swiss Confederation or an OECD Member (ISIC Rev. 3.1 10, ISIC Rev. 3.1 11, ISIC Rev. 3.1 12, ISIC Rev. 3.1 13, ISIC Rev. 3.1 14, CPC 883, CPC 8675).
Measures:
SI: Mining Act 2014.










(b)


Production, transmission and distribution on own account of electricity, gas, steam and hot water; pipeline transportation of fuels; storage and warehouse of fuels transported through pipelines; services incidental to energy distribution (ISIC Rev. 3.1 40, 401, CPC 63297, 713, part of 742, 74220, 887)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment, Local presence:
In AT: With regard to the transportation of gas authorisation is only granted to nationals of a Member State of the EEA domiciled in the EEA. Enterprises and partnerships must have their seat in the EEA. The operator of the network must appoint a Managing Director and a Technical Director who is responsible for the technical control of the operation of the network, both of whom must be nationals of a member state of the EEA. With regard to the activity performed by a balance responsible party authorisation is only granted to Austrian citizens or citizens of another Member State of the EU or the EEA.
The competent authority may waive the nationality and domiciliation requirements where the operation of the network is considered to be in the public interest.
For the transportation of goods other than gas and water, the following applies:






(i)


with regard to natural persons, authorisation is only granted to EEA-nationals who must have a seat in Austria; and










(ii)


enterprises and partnerships must have their seat in Austria. An Economic Needs Test or interest test is applied. Cross border pipelines must not jeopardise Austria's security interests and its status as a neutral country. Enterprises and partnerships have to appoint a managing director who must be a national of a member state of the EEA. The competent authority may waive the nationality and seat requirements if the operation of the pipeline is considered to be in the national economic interest (CPC 713).




Measures:
AT: Rohrleitungsgesetz (Law on Pipeline Transport), BGBl. Nr. 411/1975 as amended, § § 5, 15;
Gaswirtschaftsgesetz 2011 (Gas Act), BGBl. I Nr. 107/2011 as amended, § § 43, 44, 90, 93.
With respect to Investment liberalisation – National treatment, Senior management and boards of director and Cross-border trade in services – National treatment, Local presence:
In AT (applies only to the regional level of government): With regard to transmission and distribution of electricity, authorisation is only granted to nationals of a Member State of the EEA domiciled in the EEA. If the operator appoints a managing director or a leaseholder, the domicile requirement is waived.
Juridical persons (enterprises) and partnerships must have their seat in the EEA. They must appoint a managing director or a leaseholder, both of whom must be nationals of a Member State of the EEA domiciled in the EEA.
The competent authority may waive the domicile and nationality requirements where the operation of the network is considered to be in the public interest (ISIC Rev. 3.1 40, CPC 887).
Measures:
AT: Burgenländisches Elektrizitätswesengesetz 2006, LGBl. Nr. 59/2006 as amended;
Niederösterreichisches Elektrizitätswesengesetz, LGBl. Nr. 7800/2005 as amended;
Oberösterreichisches Elektrizitätswirtschafts- und – organisationsgesetz 2006), LGBl. Nr. 1/2006 as amended;
Salzburger Landeselektrizitätsgesetz 1999 (LEG), LGBl. Nr. 75/1999 as amended;
Tiroler Elektrizitätsgesetz 2012 – TEG 2012, LGBl. Nr. 134/2011 as amended;
Vorarlberger Elektrizitätswirtschaftsgesetz, LGBl. Nr. 59/2003 as amended;
Wiener Elektrizitätswirtschaftsgesetz 2005 – WElWG 2005, LGBl. Nr. 46/2005 as amended;
Steiermärkisches Elektrizitätswirtschafts- und Organisationsgesetz (ELWOG), LGBl. Nr. 70/2005 as amended;
Kärntner Elektrizitätswirtschafts- und Organisationsgesetz (ELWOG), LGBl. Nr. 24/2006 as amended.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – Local presence:
In CZ: For electricity generation, transmission, distribution, trading, and other electricity market operator activities, as well as gas generation, transmission, distribution, storage and trading, as well as heat generation and distribution, authorisation is required. Such authorisation may only be granted to a natural person with a residence permit or a juridical person established in the European Union (ISIC Rev. 3.1 40, CPC 7131, 63297, 742, 887).
In LT: The licences for transmission, distribution, public supply and organising of trade of electricity may only be issued to juridical persons established in the Republic of Lithuania or branches of foreign juridical persons or other organisations of another Member State established in the Republic of Lithuania. The permits to generate electricity, develop electricity generation capacities and build a direct line may be issued to individuals with residency in the Republic of Lithuania or to juridical persons established in the Republic of Lithuania, or to branches of juridical persons or other organisations of another Member State established in the Republic of Lithuania. This reservation does not apply to consultancy services related to the transmission and distribution on a fee or contract basis of electricity (ISIC Rev. 3.1 401, CPC 887).
In the case of fuels, establishment is required. Licences for transmission and distribution, storage of fuels and liquefaction of natural gas may only be issued to juridical persons established in the Republic of Lithuania or branches of juridical persons or other organisations (subsidiaries) of another Member State established in the Republic of Lithuania.
This reservation does not apply to consultancy services related to the transmission and distribution on a fee or contract basis of fuels (CPC 713, CPC 887).
In PL: The following activities are subject to licensing under the Energy Law Act:






(i)


generation of fuels or energy, except for: generation of solid or gaseous fuels; generation of electricity using electricity sources of the total capacity of not more than 50 MW other than renewable energy sources; cogeneration of electricity and heat using sources of the total capacity of not more than 5 MW other than renewable energy sources; generation of heat using the sources of the total capacity of not more than 5 MW;










(ii)


storage of gaseous fuels in storage installations, liquefaction of natural gas and regasification of liquefied natural gas at LNG installations, as well as the storage of liquid fuels, except for: the local storage of liquid gas at installations of the capacity of less than 1 MJ/s capacity and the storage of liquid fuels in retail trade;










(iii)


transmission or distribution of fuels or energy, except for: the distribution of gaseous fuels in grids of less than 1 MJ/s capacity and the transmission or distribution of heat if the total capacity ordered by customers does not exceed 5 MW;










(iv)


trade in fuels or energy, except for: the trade in solid fuels; the trade in electricity using installations of voltage lower than 1 kV owned by the customer; the trade in gaseous fuels if their annual turnover value does not exceed the equivalent of EUR 100 000; the trade in liquid gas, if the annual turnover value does not exceed EUR 10 000; and the trade in gaseous fuels and electricity performed on commodity exchanges by brokerage houses which conduct the brokerage activity on the exchange commodities on the basis of the Act of 26 October 2000 on commodity exchanges, as well as the trade in heat if the capacity ordered by the customers does not exceed 5 MW. The limits on turnover do not apply to wholesale trade services in gaseous fuels or liquid gas or to retail services of bottled gas.




A licence may only be granted by the competent authority to an applicant that has registered their principal place of business or residence in the territory of a Member State of the EEA or the Swiss Confederation (ISIC Rev. 3.1 040, CPC 63297, 74220, CPC 887).
Measures:
CZ: Act No. 458/2000 Coll on Business conditions and public administration in the energy sectors (The Energy Act).
LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973, new redaction from 1 August 2011 No XI-1564, last amendment 25 June 2020 No. XIII-3140; Law on Electricity of the Republic of Lithuania of 20 July 2000 No VIII-1881, new redaction from 7 February 2012, last amendment 20 of October 2020 No. XIII-3336; Law on Necessary measures to protect against non-safe nuclear electrical threats from third countries of 20 April 2017 No XIII-306, last amendment on 19 December 2019 No. XIII-2705; Law on Renewable energy sources of the Republic of Lithuania of 12 May 2011 No. XI-1375.
PL: Energy Law Act of 10 April 1997, Articles 32 and 33.
With respect to Cross-border trade in services – Local presence:
In SI: The production, trading, supply to final customers, transmission and distribution of electricity and natural gas is subject to establishment in the European Union (ISIC Rev. 3.1 4010, 4020, CPC 7131, CPC 887).
Measures:
SI: Energetski zakon (Energy Act) 2014, Official Gazette RS, nr. 17/2014; and Mining Act 2014.




Reservation No. 16 – Agriculture, fishing and manufacturing






Sector – sub-sector:


Agriculture, hunting, forestry; animal and reindeer husbandry, fishing and aquaculture; publishing, printing and reproduction of recorded media




Industry classification:


ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, 050, 0501, 0502, 221, 222, 323, 324, CPC 881, 882, 88442




Type of reservation:


National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Local presence




Chapter:


Investment liberalisation; Cross-border trade in services




Level of government:


EU/Member State (unless otherwise specified)




Description:






(a)


Agriculture, hunting and forestry (ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, CPC 881)
With respect to Investment liberalisation – National treatment:
In IE: Establishment by foreign residents in flour milling activities is subject to authorisation (ISIC Rev. 3.1 1531).
Measures:
IE: Agriculture Produce (Cereals) Act, 1933.
With respect to Investment liberalisation – National treatment:
In FI: Only nationals of a Member State of the EEA resident in the reindeer herding area may own reindeer and practice reindeer husbandry. Exclusive rights may be granted.
In FR: Prior authorisation is required in order to become a member or act as a director of an agricultural cooperative (ISIC Rev. 3.1 011, 012, 013, 014, 015).
In SE: Only Sami people may own and practice reindeer husbandry.
Measures:
FI: Poronhoitolaki (Reindeer Husbandry Act) (848/1990), Chapter 1, § 4, and Protocol 3 to the Accession Treaty of Finland.
FR: Code rural et de la pêche maritime.
SE: Reindeer Husbandry Act (1971:437), section 1.










(b)


Fishing and aquaculture (ISIC Rev. 3.1 050, 0501, 0502, CPC 882)
With respect to Investment liberalisation – National treatment:
In FR: A French vessel flying the French flag may be issued a fishing authorisation or may be allowed to fish on the basis of national quotas only when a real economic link on the territory of France is established and the vessel is directed and controlled from a permanent establishment located on the territory of France (ISIC Rev. 3.1 050, CPC 882).
Measures:
FR: Code rural et de la pêche maritime.










(c)


Manufacturing - Publishing, printing and reproduction of recorded media (ISIC Rev. 3.1 221, 222, 323, 324, CPC 88442)
With respect to Investment liberalisation – National treatment and Cross-border services: National treatment, Local presence:
In LV: Only juridical persons incorporated in Latvia, and natural persons of Latvia have the right to found and publish mass media. Branches are not allowed (CPC 88442).
Measures:
LV: Law on the Press and Other Mass Media, s. 8.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – Local presence, Most-favoured-nation treatment:
In DE: Each publicly distributed or printed newspaper, journal, or periodical must clearly indicate a ‘responsible editor’ (the full name and address of a natural person). The responsible editor may be required to be a permanent resident of Germany, the European Union or an EEA Member State. Exceptions may be allowed by the competent authority of the regional level of government (ISIC Rev. 3.1 22).
Measures:
DE:
Regional level:
Gesetz über die Presse Baden-Württemberg (LPG BW);
Bayerisches Pressegesetz (BayPrG);
Berliner Pressegesetz (BlnPrG);
Brandenburgisches Landespressegesetz (BbgPG);
Gesetz über die Presse Bremen (BrPrG);
Hamburgisches Pressegesetz;
Hessisches Pressegesetz (HPresseG);
Landespressegesetz für das Land Mecklenburg-Vorpommern (LPrG M-V);
Niedersächsisches Pressegesetz (NPresseG);
Pressegesetz für das Land Nordrhein-Westfalen (Landespressegesetz NRW);
Landesmediengesetz (LMG) Rheinland-Pfalz;
Saarländisches Mediengesetz (SMG);
Sächsisches Gesetz über die Presse (SächsPresseG);
Pressegesetz für das Land Sachsen-Anhalt (Landespressegesetz);
Gesetz über die Presse Schleswig-Holstein (PressG SH);
Thüringer Pressegesetz (TPG).
With respect to Investment liberalisation – National Treatment, Most-favoured-nation treatment:
In IT: In so far as Chile allows Italian nationals and enterprises to conduct these activities, Italy will allow nationals and enterprises of Chile to conduct these activities under the same conditions. In so far as Chile allows Italian investors to own more than 49 % of the capital and voting rights in a publishing company of Chile, then Italy will allow investors of Chile to own more than 49 % of the capital and voting rights in an Italian publishing company under the same conditions (ISIC Rev. 3.1 221, 222).
Measures:
IT: Law 416/1981, Article 1 (and subsequent amendments).
With respect to Investment liberalisation – Senior management and boards of directors:
In PL: Nationality is required for the editor-in-chief of newspapers and journals (ISIC Rev. 3.1 221, 222).
Measures:
PL: Act of 26 January 1984 on Press law, Journal of Laws, No. 5, item 24, with subsequent amendments.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In SE: Natural persons who are owners of periodicals that are printed and published in Sweden must reside in Sweden or be nationals of a Member State of the EEA. Owners of such periodicals who are juridical persons must be established in the EEA. Periodicals that are printed and published in Sweden and technical recordings must have a responsible editor, who must be domiciled in Sweden (ISIC Rev. 3.1 22, CPC 88442).
Measures:
SE: Freedom of the press act (1949:105);
Fundamental law on Freedom of Expression (1991:1469); and
Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of Expression (1991:1559).






(1)  For the purposes of this reservation:






(a)


‘domestic law’ means the law of the specific Member State and European Union law;










(b)


‘public international law’ excludes European Union law and includes law established by international treaties and conventions, as well as international customary law;










(c)


‘legal advice’ includes provision of advice to and consultation with clients in matters, including transactions, relationships and disputes, involving the application or interpretation of law; participation with or on behalf of clients in negotiations and other dealings with third parties in such matters; and preparation of documents governed in whole or in part by law, and the verification of documents of any kind for purposes of and in accordance with the requirements of law;










(d)


‘legal representation’ includes preparation of documents intended to be submitted to administrative agencies, the courts or other duly constituted official tribunals; and appearance before administrative agencies, the courts or other duly constituted official tribunals;










(e)


‘legal arbitration, conciliation and mediation’ means the preparation of documents to be submitted to the preparation for and appearance before, an arbitrator, conciliator or mediator in any dispute involving the application and interpretation of law; it does not include arbitration, conciliation and mediation services in disputes not involving the application and interpretation of law, which fall under services incidental to management consulting; it also does not include acting as an arbitrator, conciliator or mediator; as a sub-category, international legal arbitration, conciliation or mediation services refers to the same services when the dispute involves parties from two or more countries.





(2)  Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ EU L 154, 16.6.2017, p. 1).

(3)  Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ EU L 3, 5.1.2002, p. 1).

(4)  Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ EU L 182, 29.6.2013, p. 19).

(5)  Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ EU L 157, 9.6.2006, p. 87).

(6)  Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ EU L 293, 31.10.2008, p. 3).

(7)  Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89 (OJ EU L 35, 4.2.2009, p. 47).

(8)  Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ EU L 272, 25.10.1996, p. 36).

(9)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ EU L 269, 10.10.2013, p. 1).

(10)  Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ EU L 368, 17.12.1992, p. 38).




Appendix 17-A-2
SCHEDULE OF CHILE

1.   

‘Description’ provides a general non-binding description of the measure for which the entry is made.



2.   

In accordance with Articles 17.14 and 18.8, the Articles of Part III of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming aspects of the law, regulation or other measure identified in the Measures element of that entry.








Sector:


All




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment)




Level of Government:


Central




Measures:


Decree Law 1.939, Official Gazette, 10 November 1977, Rules for acquisition, administration and disposal of State-owned assets, Title I (Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977, Normas sobre adquisición, administración y disposición de bienes del Estado, Título I)
Decree with Force of Law (D.F.L.) 4 of the Ministry of Foreign Affairs, Official Gazette, 10 November 1967 (Decreto con Fuerza de Ley (D.F.L.) 4 del Ministerio de Relaciones Exteriores, Diario Oficial, noviembre 10, 1967)




Description:


Investment
Chile may only dispose of the ownership or other rights over ‘State land’ to Chilean natural or juridical persons, unless the applicable legal exceptions, such as in Decree Law 1.939 (Decreto Ley 1.939), apply. ‘State land’ for these purposes refers to State-owned land up to a distance of 10 kilometres from the border and up to a distance of five kilometres from the coastline, measured from the high-tide line.
Immovable property situated in areas declared ‘the borderland zone’ by virtue of D.F.L. 4 of the Ministry of Foreign Affairs, 1967 (D.F.L. 4 del Ministerio de Relaciones Exteriores, 1967) may not be acquired, either as property or in any other title, by (1) natural persons with nationality of a neighbouring country; (2) juridical persons with their principal seat in a neighbouring country; (3) juridical persons with 40 % or more of capital owned by natural persons with nationality of a neighbouring country; or (4) juridical persons effectively controlled by such natural persons. Notwithstanding the foregoing, this limitation may not apply if an exemption is granted by a Supreme Decree (Decreto Supremo) based on considerations of national interest.




Sector:


All




Sub-Sector:


 




Obligations Concerned:


Performance requirements (Investment)




Level of Government:


Central




Measures:


Decree with Force of Law (D.F.L.) 1 of the Ministry of Labour and Social Welfare, Official Gazette, 24 January 1994, Labour Code, Preliminary Title, Book I, Chapter III (D.F.L. 1 del Ministerio del Trabajo y Previsión Social, Diario Oficial, enero 24, 1994, Código del Trabajo, Título Preliminar, Libro I, Capítulo III)




Description:


Investment
A minimum of 85 % of employees who work for the same employer shall be Chilean natural persons or foreigners with more than five years of residence in Chile. This rule applies to employers with more than 25 employees under a contract of employment (contrato de trabajo
                   (1)). Expert technical personnel shall not be subject to this provision, as determined by the Directorate of Labour (Dirección del Trabajo).
An employee shall be understood to mean any natural person who supplies intellectual or material services, under dependency or subordination, pursuant to a contract of employment.




Sector:


Communications




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Performance requirements (Investment)
Senior management and boards of directors (Investment)
Local presence (CBTS)




Level of Government:


Central




Measures:


Law 18.838, Official Gazette, 30 September 1989, National Television Council, Titles I, II and III (Ley 18.838, Diario Oficial, septiembre 30, 1989, Consejo Nacional de Televisión, Títulos I, II y III)
Law 18.168, Official Gazette, 2 October 1982, General Telecommunications Law, Titles I, II and III (Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Títulos I, II y III)
Law 19.733, Official Gazette, 4 June 2001, Law on Liberties of Opinion and Information and the Exercise of Journalism, Titles I and III (Ley 19.733, Diario Oficial, junio 4, 2001, Ley sobre las Libertades de Opinión e Información y Ejercicio del Periodismo, Títulos I y III)




Description:


Investment and Cross-border trade in services
The owner of a social communication medium, such as those that transmit on a regular basis sounds, texts or images, or a national news agency shall, in the case of a natural person, have a duly established domicile in Chile, and in the case of a juridical person, shall be constituted with domicile in Chile or have an agency authorised to operate within the territory of Chile.
Only Chilean nationals may be presidents, administrators or legal representatives of such a juridical person.
The owner of a concession to supply (a) public telecommunication services; (b) intermediate telecommunication services supplied to telecommunications services through facilities and networks established for that purpose; and (c) sound broadcasting shall be a juridical person constituted and domiciled in Chile.
Only Chilean nationals may be presidents, managers, administrators or legal representatives of such a juridical person.
In the case of public radio broadcasting services, the board of directors may include foreigners only if they do not represent the majority.
In the case of a social communication medium, the legally responsible director and the person who subrogates him or her must be Chilean, with domicile and residence in Chile, unless the social communication medium uses a language other than Spanish.
Requests for public radio broadcasting concessions submitted by juridical persons in which foreigners hold an interest exceeding 10 % of the capital shall be granted only if proof is previously provided verifying that similar rights and obligations as those that the applicants will enjoy in Chile are granted to Chilean nationals in their country of origin.
The National Television Council (Consejo Nacional de Televisión) may establish, as a general requirement that, programs broadcasted through public (open) television channels include up to 40 % of Chilean production.




Sector:


Energy




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment)
Performance requirements (Investment)




Level of Government:


Central




Measures:


Political Constitution of the Republic of Chile, Chapter III (Constitución Política de la República de Chile, Capítulo III)
Law 18.097, Official Gazette, 21 January 1982, Constitutional Organic Law on Mining Concessions, Titles I, II and III (Ley 18.097, Diario Oficial, enero 21, 1982, Orgánica Constitucional sobre Concesiones Mineras, Títulos I, II y III)
Law 18.248, Official Gazette, 14 October 1983, Mining Code, Titles I and II (Ley 18.248, Diario Oficial, octubre 14, 1983, Código de Minería, Títulos I y II)
Law 16.319, Official Gazette, 23 October 1965, Creates the Chilean Nuclear Energy Commission, Titles I, II and III (Ley 16.319, Diario Oficial, octubre 23, 1965, Crea la Comisión Chilena de Energía Nuclear, Títulos I, II y III)




Description:


Investment
The exploration, exploitation, and treatment (beneficio) of liquid or gaseous hydrocarbons, deposits of any kind existing in sea waters subject to national jurisdiction, and deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, can be the object of administrative concessions or special operating contracts, subject to the requirements and the conditions to be determined in each case by a Supreme Decree. For greater certainty, it is understood that the term ‘treatment’ (beneficio) shall not include the storage, transportation or refining of the energy material referred to in this paragraph.
The production of nuclear energy for peaceful purposes may only be carried out by the Chilean Nuclear Energy Commission (Comisión Chilena de Energía Nuclear) or, with its authorisation, jointly with third persons. Should the Commission grant such an authorisation, it may determine the terms and conditions thereof.




Sector:


Mining




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment)
Performance requirements (Investment)




Level of Government:


Central




Measures:


Political Constitution of the Republic of Chile, Chapter III (Constitución Política de la República de Chile, Capítulo III)
Law 18.097, Official Gazette, 21 January 1982, Constitutional Organic Law on Mining Concessions, Titles I, II and III (Ley 18.097, Diario Oficial, enero 21, 1982, Orgánica Constitucional sobre Concesiones Mineras, Títulos I, II y III)
Law 18.248, Official Gazette, 14 October 1983, Mining Code, Titles I and III (Ley 18.248, Diario Oficial, octubre 14, 1983, Código de Minería, Títulos I y III)
Law 16.319, Official Gazette, 23 October 1965, Creates the Chilean Nuclear Energy Commission, Titles I, II and III (Ley 16.319, Diario Oficial, octubre 23, 1965, Crea la Comisión Chilena de Energía Nuclear, Títulos I, II y III)




Description:


Investment
The exploration, exploitation, and treatment (beneficio) of lithium, deposits of any kind existing in sea waters subject to national jurisdiction, and deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, can be the object of administrative concessions or special operating contracts, subject to the requirements and the conditions to be determined, in each case by a Supreme Decree.
Chile has the right of first offer at market prices and terms for the purchase of mineral products when thorium and uranium are contained in significant quantities.
For greater certainty, Chile may require that producers separate from mining products the portion of:






(a)


liquid or gaseous hydrocarbons;










(b)


lithium;










(c)


deposits of any kind existing in sea waters subject to national jurisdiction; and










(d)


deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, that exists, in significant amounts, in such mining products and that can be economically and technically separated, for delivery to or for sale on behalf of the State; for these purposes, ‘economically and technically separated’ means that the costs incurred to recover the four types of substances referred to in subparagraphs (a), (b) and (c) above through a sound technical procedure and to commercialise and deliver those substances shall be lower than their commercial value.




For greater certainty, the procedures for the granting of administrative concessions or special operation contracts do not, as applicable, per se, establish discriminatory treatment towards foreign investors. However, if Chile decides to exploit any of the above-mentioned mining resources by means of a competitive process granting to investors a concession or a special operating contract, the decision will be based solely on the terms of the tender in a transparent process of competitive non-discriminatory bidding.
Unless the conditions of the contract or concession stated otherwise, a subsequent transfer or disposal of whole or part of any right conferred under the contract or concession, shall not be conditioned upon the nationality of the acquirer.
Furthermore, only the Chilean Nuclear Energy Commission (Comisión Chilena de Energía Nuclear), or parties authorised by that Commission, may execute or enter into juridical acts regarding extracted natural atomic materials and lithium, as well as their concentrates, derivatives and compounds.




Sector:


Fisheries




Sub-Sector:


Aquaculture




Obligations Concerned:


National treatment (Investment)




Level of Government:


Central




Measures:


Decree 430, consolidated, coordinated and systematized text of Law 18.892 from 1989 and its modifications, General Law on Fisheries and Aquaculture, Official Gazette, 21 January 1992 Titles I and VI (Decreto 430 fija el texto refundido, coordinado y sistematizado de la ley No 18.892, de 1989 y sus modificaciones, Ley General de Pesca y Acuicultura Ley 18.892, Diario Oficial, enero 21, 1992, Títulos I y VI)




Description:


Investment
Only Chilean natural or juridical persons constituted in accordance with Chilean law and foreigners with permanent residency may hold an authorisation or concession to carry out aquaculture activities.




Sector:


Fisheries and fishing-related activities




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Senior management and boards of directors (Investment)
Local presence (CBTS)




Level of Government:


Central




Measures:


Decree 430, consolidated, coordinated and systematized text of Law 18.892 from 1989 and its modifications, General Law on Fisheries and Aquaculture, Official Gazette, 21 January 1992 Titles I, III, IV and IX (Decreto 430 fija el texto refundido, coordinado y sistematizado de la ley No 18.892, de 1989 y sus modificaciones, Ley General de Pesca y Acuicultura, diario oficial, enero 21, 1992, Títulos I, III, IV y IX)
Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law, Titles I and II (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I y II)




Description:


Investment and Cross-border trade in services
Only Chilean natural persons or juridical persons constituted in accordance with Chilean law and foreigners with permanent residency may hold permits to harvest and catch hydrobiological species.
Only Chilean vessels are permitted to fish in internal waters, in the territorial sea and in the exclusive economic zone of Chile. ‘Chilean vessels’ are those defined in the Navigation Law (Ley de Navegación). Access to industrial extractive fishing activities shall be subject to prior registration of the vessel in Chile.
Only a Chilean natural or juridical person may register a vessel in Chile. Such juridical person must be constituted in Chile with principal domicile and real and effective seat in Chile. The president, manager and the majority of the directors or administrators must be Chilean natural persons. In addition, more than 50 % of its equity capital must be held by Chilean natural or juridical persons. For these purposes, a juridical person with ownership participation in another juridical person that owns a vessel has to comply with all the requirements mentioned above.
A joint ownership (comunidad) may register a vessel if (1) the majority of the joint ownership is Chilean with domicile and residency in Chile; (2) the administrators are Chilean natural persons; and (3) the majority of the rights of the joint ownership (comunidad) belong to a Chilean natural or juridical person. For these purposes, a juridical person with ownership participation in a joint ownership (comunidad) that owns a vessel has to comply with all the requirements mentioned above.
An owner (natural or juridical person) of a fishing vessel registered in Chile prior to 30 June 1991 shall not be subject to the nationality requirement mentioned above.
In cases of reciprocity granted to Chilean vessels by any other country, fishing vessels specifically authorised by the maritime authorities pursuant to powers conferred by law may be exempted from the requirements mentioned above on equivalent terms provided to Chilean vessels by that country.
Access to artisanal fishing (pesca artesanal) activities shall be subject to registration in the Registry for Artisanal Fishing (Registro de Pesca Artesanal). Registration for artisanal fishing (pesca artesanal) is only granted to Chilean natural persons and foreign natural persons with permanent residency, or a Chilean juridical person constituted by those persons.




Sector:


Specialised services




Sub-Sector:


Customs agents (agentes de aduana) and brokers (despachadores de aduana)




Obligations Concerned:


National treatment (CBTS)
Local presence (CBTS)




Level of Government:


Central




Measures:


Decree with Force of Law (D.F.L.) 30 of the Ministry of Finance, Official Gazette, 13 April 1983, Book IV (D.F.L. 30 del Ministerio de Hacienda, Diario Oficial, abril 13, 1983, Libro IV)
Decree with Force of Law (D.F.L.) 2 of the Ministry of Finance, 1998 (D.F.L. 2 del Ministerio de Hacienda, 1998)




Description:


Cross-border trade in services
Only Chilean natural persons with residency in Chile may act as customs brokers (despachadores de aduana) or agents (agentes de aduana) in the territory of Chile.




Sector:


Investigation and security services




Sub-Sector:


Guard services




Obligations Concerned:


National treatment (CBTS)




Level of Government:


Central




Measures:


Decree 1.773 of the Ministry of Interior, Official Gazette, 14 November 1994 (Decreto 1.773 del Ministerio del Interior, Diario Oficial, noviembre 14, 1994)




Description:


Cross-border trade in services
Only Chilean nationals and permanent residents may provide services as private security guards.




Sector:


Business services




Sub-Sector:


Research services




Obligations Concerned:


National treatment (CBTS)




Level of Government:


Central




Measures:


Supreme Decree 711 of the Ministry of National Defence, Official Gazette, 15 October 1975 (Decreto Supremo 711 del Ministerio de Defensa Nacional, Diario Oficial, octubre 15, 1975)




Description:


Cross-border trade in services
Foreign natural and juridical persons intending to conduct research in the Chilean 200-mile maritime zone shall be required to submit a request six months in advance to the Chilean Army Hydrographic Institute (Instituto Hidrográfico de la Armada de Chile) and shall comply with the requirements established in the corresponding regulation. Chilean natural and juridical persons shall be required to submit a request three months in advance to the Chilean Army Hydrographic Institute (Instituto Hidrográfico de la Armada de Chile) and shall comply with the requirements established in the corresponding regulation.




Sector:


Business services




Sub-Sector:


Research services




Obligations Concerned:


National treatment (CBTS)




Level of Government:


Central




Measures:


Decree with Force of Law (D.F.L.) 11 of the Ministry of Economic Affairs, Development and Reconstruction, Official Gazette, 5 December 1968 (D.F.L. 11 del Ministerio de Economía, Fomento y Reconstrucción, Diario Oficial, diciembre 5, 1968)
Decree 559 of the Ministry of Foreign Affairs, Official Gazette, 24 January 1968 (Decreto 559 del Ministerio de Relaciones Exteriores, Diario Oficial, enero 24, 1968)
D.F.L. 83 of the Ministry of Foreign Affairs, Official Gazette, 27 March 1979 (D.F.L. 83 del Ministerio de Relaciones Exteriores, Diario Oficial, marzo 27, 1979)
Supreme Decree 1166 of the Ministry of Foreign Affairs, Official Gazette, 20 July 1999 (Decreto Supremo 1166 del Ministerio de Relaciones Exteriores, Diario Oficial, julio 20, 1999)




Description:


Cross-border trade in services
Natural persons representing foreign juridical persons, or natural persons residing abroad, intending to perform explorations for work of a scientific or technical nature, or mountain climbing, in areas that are adjacent to Chilean borders shall apply for the appropriate authorisation through a Chilean consul in the country of domicile of those natural persons. The Chilean consul shall then send such application directly to the National Directorate of Borders and Frontiers of the State (Dirección Nacional de Fronteras y Límites del Estado). The Directorate may order that one or more Chilean natural persons working in the appropriate related activities shall join the explorations in order to become acquainted with the studies to be undertaken.
The Operations Department of the National Directorate of Borders and Frontiers of the State (Departamento de Operaciones de la Dirección Nacional de Fronteras y Límites del Estado) shall decide and announce whether it authorises or rejects geographic or scientific explorations to be carried out by foreign juridical or natural persons in Chile. The National Directorate of Borders and Frontiers of the State (Dirección Nacional de Fronteras y Límites del Estado) shall authorise and supervise all explorations involving work of a scientific or technical nature, or mountain climbing, that foreign juridical persons or natural persons residing abroad intend to carry out in areas adjacent to Chilean borders.




Sector:


Business services




Sub-Sector:


Research in social sciences




Obligations Concerned:


National treatment (CBTS)




Level of Government:


Central




Measures:


Law 17.288, Official Gazette, 4 February 1970, Title V (Ley 17.288, Diario Oficial, febrero 4, 1970, Título V)
Supreme Decree 484 of the Ministry of Education, Official Gazette, 2 April 1991 (Decreto Supremo 484 del Ministerio de Educación, Diario Oficial, abril 2, 1991)




Description:


Cross-border trade in services
Foreign juridical or foreign natural persons intending to perform excavations, surveys, probing or collect anthropological, archaeological or paleontological material must apply for a permit from the National Monuments Council (Consejo de Monumentos Nacionales). In order to obtain the permit, the person in charge of the research must be engaged by a reliable foreign scientific institution and must be working in collaboration with a Chilean governmental scientific institution or a Chilean university.
That permit can be granted to (1) Chilean researchers having the pertinent scientific background in archaeology, anthropology or palaeontology, duly certified as appropriate, and also having a research project and due institutional sponsorship; and (2) foreign researchers, provided that they are engaged by a reliable scientific institution and that they work in collaboration with a Chilean governmental scientific institution or a Chilean university. Museum directors or curators recognised by the National Monuments Council (Consejo de Monumentos Nacionales), professional archaeologists, anthropologists or palaeontologists, as appropriate, and the members of the Chilean Society of Archeology (Sociedad Chilena de Arqueología) shall be authorised to perform salvage-related works. Salvage-related works involve the urgent recovery of data or archaeological, anthropological or paleontological artefacts or species threatened by imminent loss.




Sector:


Business services




Sub-Sector:


Printing, publishing and other related industries




Obligations Concerned:


National treatment (Investment)
Most-favoured-nation treatment (Investment)
Senior management and boards of directors (Investment)




Level of Government:


Central




Measures:


Law 19.733, Official Gazette, 4 June 2001, Law on Liberties of Opinion and Information and the Exercise of Journalism, Titles I and III (Ley 19.733, Diario Oficial, junio 4, 2001, Ley sobre las Libertades de Opinión e Información y Ejercicio del Periodismo, Títulos I y III)




Description:


Investment
The owner of a social communication medium such as newspapers, magazines or regularly published texts whose publishing address is located in Chile, or a national news agency, shall, in the case of a natural person, have a duly established domicile in Chile and, in the case of a juridical person, shall be constituted with domicile in Chile or have an agency authorised to operate within the territory of Chile.
Only Chilean nationals may be president, administrators or legal representatives of the juridical person operating in Chile, as described above.
The director legally responsible and the person who replaces him or her must be Chilean with domicile and residence in Chile. Chilean nationality will not be required in cases where a social communication medium uses a language different from Spanish.




Sector:


Professional services




Sub-Sector:


Accounting, auditing, book-keeping and taxation services




Obligations Concerned:


National treatment (CBTS)
Local presence (CBTS)




Level of Government:


Central




Measures:


Law 18.046, Official Gazette, 22 October 1981, Corporations Law, Title V (Ley 18.046, Diario Oficial, octubre 22, 1981, Ley de Sociedades Anónimas, Título V)
Supreme Decree 702 of the Ministry of Finance, Official Gazette, 6 July 2012, Corporations Act (Decreto Supremo 702 del Ministerio de Hacienda, Diario Oficial, julio 6, 2012, Reglamento de Sociedades Anónimas)
Decree Law 1.097, Official Gazette, 25 July 1975, Titles I, II, III and IV (Decreto Ley 1.097, Diario Oficial, julio 25, 1975, Títulos I, II, III y IV)
Decree Law 3.538, Official Gazette, 23 December 1980, Titles I, II, III and IV (Decreto Ley 3.538, Diario Oficial, diciembre 23, 1980, Títulos I, II, III y IV)
Circular 2.714, 6 October 1992; Circular 1, 17 January 1989; Chapter 19 Updated Collection, Superintendence of Banks and Financial Institutions Norms on External Auditors (Circular 2.714, octubre 6 ,1992; Circular 1, enero 17, 1989; Capítulo 19 de la Recopilación Actualizada de Normas de la Superintendencia de Bancos e Instituciones Financieras sobre Auditores Externos)
Circular 327, 29 June 1983 and Circular 350, 21 October 1983, Superintendence of Securities and Insurance (Circular 327, junio 29, 1983 y Circular 350, octubre 21, 1983, de la Superintendencia de Valores y Seguros)




Description:


Cross-border trade in services
External auditors of financial institutions must be registered in the Registry of External Auditors kept by the Financial Market Commission (Comisión para el Mercado Financiero). Only Chilean juridical persons legally incorporated as partnerships (sociedades de personas) or associations (asociaciones) and whose main line of business is auditing services may be inscribed in the Registry.




Sector:


Professional services




Sub-Sector:


Legal services




Obligations Concerned:


National treatment (CBTS)
Local presence (CBTS)




Level of Government:


Central




Measures:


Tribunals Organic Code, Title XV, Official Gazette, 9 July 1943 (Código Orgánico de Tribunales, Título XV, Diario Oficial, julio 9, 1943)
Decree 110 of the Ministry of Justice, Official Gazette, 20 March 1979 (Decreto 110 del Ministerio de Justicia, Diario Oficial, marzo 20, 1979)
Law 18.120, Official Gazette, 18 May 1982 (Ley 18.120, Diario Oficial, mayo 18, 1982)




Description:


Cross-border trade in services
Only Chilean and foreign nationals with residence in Chile, who have completed the totality of their legal studies in the country, shall be authorised to practice as lawyers (abogados).
Only lawyers (abogados) duly qualified to practise law shall be authorised to plead a case in Chilean courts and to file the first legal action or claim of each party.
None of these measures apply to foreign legal consultants who practise or advise on international law or on the law of the other Party.




Sector:


Professional, technical and specialised services




Sub-Sector:


Auxiliary services in the administration of justice




Obligations Concerned:


National treatment (CBTS)
Local presence (CBTS)




Level of Government:


Central




Measures:


Tribunals Organic Code, Titles XI and XII, Official Gazette, 9 July 1943, (Código Orgánico de Tribunales, Títulos XI y XII, Diario Oficial, julio 9, 1943)
Real State Custodian Registry Act, Titles I, II and III, Official Gazette, 24 June 1857 (Reglamento del Registro Conservador de Bienes Raíces, Títulos I, II y III, Diario Oficial, junio 24, 1857)
Law 18.118, Official Gazette, 22 May 1982, Title I (Ley 18.118, Diario Oficial, mayo 22, 1982, Título I)
Decree 197 of the Ministry of Economic Affairs, Development and Reconstruction, Official Gazette, 8 August 1985 (Decreto 197 del Ministerio de Economía, Fomento y Reconstrucción, Diario Oficial, agosto 8, 1985)
Law 18.175, Official Gazette, 28 October 1982, Title III (Ley 18.175, Diario Oficial, octubre 28, 1982, Título III)




Description:


Cross-border trade in services
Justice ancillaries (auxiliares de la administración de justicia) must have their residence in the same city or place where the court house for which they render services is domiciled.
Public defenders (defensores públicos), public notaries (notarios públicos), and custodians (conservadores) shall be Chilean natural persons and fulfil the same requirements needed to become a judge.
Archivists (archiveros), public defenders (defensores públicos) and arbitrators at law (árbitros de derecho) must be lawyers (abogados) and, therefore, Chilean or foreign nationals with residence in Chile who have completed the totality of their legal studies in Chile. Lawyers of the other Party may assist in arbitration when dealing with the law of that other Party and international law and when the private parties request it.
Only Chilean natural persons with the right to vote, and foreign natural persons with permanent residence in Chile and the right to vote, can act as process servers (receptores judiciales) and superior court attorneys (procuradores del número).
Only Chilean natural persons, foreign natural persons with permanent residence in Chile or Chilean juridical persons may be auctioneers (martilleros públicos).
Receivers in bankruptcy (síndicos de quiebra) must have a professional or technical degree granted by a university or a professional or technical institute recognised by Chile. Receivers in bankruptcy must have at least three years of experience in the commercial, economic or juridical field.




Sector:


Transportation




Sub-Sector:


Water transport services and shipping




Obligations Concerned:


Most-favoured-nation treatment (Investment and CBTS)




Level of Government:


Central




Measures:


Decree Law 3.059, Official Gazette, 22 December 1979, Merchant Fleet Promotion Law, Titles I and II (Decreto Ley 3.059, Diario Oficial, 22 de diciembre de 1979, Ley de Fomento a la Marina Mercante, Títulos I y II)
Supreme Decree 237, Official Gazette, 25 July 2001, Act of Decree Law 3.059, Titles I and II (Decreto Supremo 237, Diario Oficial, julio 25, 2001, Reglamento del Decreto Ley 3.059, Títulos I y II)
Code of Commerce, Book III, Titles I, IV and V (Código de Comercio, Libro III, Títulos I, IV y V)




Description:


Investment and Cross-border trade in services
Feeder services are reserved for national vessels when the cargo is moved between two Chilean ports.
International maritime transport of cargo to or from Chile is subject to the principle of reciprocity.
In the event that Chile should adopt, for reasons of reciprocity, a cargo reservation measure applicable to international cargo transportation between Chile and a third country, the reserved cargo shall be transported in vessels flying the Chilean flag or in vessels considered as Chilean vessels.




Sector:


Transportation




Sub-Sector:


Water transport services and shipping




Obligations Concerned:


National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Senior management and boards of directors (Investment)
Local presence (CBTS)




Level of Government:


Central




Measures:


Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law, Titles I, II, III, IV and V (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I, II, III, IV y V)
Code of Commerce, Book III, Titles I, IV and V (Código de Comercio, Libro III, Títulos I, IV y V)




Description:


Investment and Cross-border trade in services
Only a Chilean natural or juridical person may register a vessel in Chile. Such juridical person must be constituted with principal domicile and real and effective seat in Chile. In addition, more than 50 % of its capital must be held by Chilean natural or juridical persons. For these purposes, a juridical person with ownership participation in another juridical person that owns a vessel has to comply with all the aforementioned requisites. The president, manager and majority of the directors or administrators must be Chilean natural persons.
A joint ownership (comunidad) may register a vessel if (1) the majority of the joint ownership is Chilean with domicile and residency in Chile; (2) the administrators are Chileans; and (3) the majority of the rights of the joint ownership belong to a Chilean natural or juridical person. For these purposes, a juridical person with ownership participation in a joint ownership (comunidad) that owns a vessel has to comply with all the aforementioned requisites to be considered Chilean.
Special vessels owned by foreign natural or juridical persons may be registered in Chile if those persons meet the following conditions: (1) domicile in Chile; (2) principal head office in Chile; or (3) undertaking a profession or commercial activity in a permanent way in Chile.

                  ‘Special vessels’ are those used in services, operations or for specific purposes, with special features for the functions they perform, such as tugboats, dredgers, scientific or recreational vessels, among others. For the purposes of this paragraph, a special vessel does not include a fishing vessel.
The maritime authority may provide better treatment based on the principle of reciprocity.




Sector:


Transportation




Sub-Sector:


Water transport services and shipping




Obligations Concerned:


National treatment (CBTS)
Most-favoured-nation treatment (CBTS)
Local presence (CBTS)




Level of Government:


Central




Measures:


Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law, Titles I, II, III, IV and V (Decreto Ley 2.222, Diario Oficial, 31 mayo de 1978, Ley de Navegación, Títulos I, II, III, IV y V)
Supreme Decree 153, Official Gazette, 11 March 1966, Approves the Sea People, Fluvial and Lacustrine Personnel Registration General Act (Decreto Supremo 153, Diario Oficial, 11 marzo de 1966, Aprueba el Reglamento General de Matrícula del Personal de Gente de Mar, Fluvial y Lacustre)
Code of Commerce, Book III, Titles I, IV and V (Código de Comercio, Libro III, Títulos I, IV y V)




Description:


Cross-border trade in services
Foreign vessels shall be required to use pilotage, anchoring and harbour pilotage services when the maritime authorities so require. In tugging activities or other manoeuvres performed in Chilean ports, only tugboats flying the Chilean flag shall be used.
Captains shall be required to be Chilean nationals and to be acknowledged as such by the pertinent authorities. Officers on Chilean vessels must be Chilean natural persons registered in the Officers' Registry (Registro de oficiales). Crewmembers of a Chilean vessel must be Chilean, have the permit granted by the Maritime Authority (Autoridad Marítima) and be registered in the respective Registry. Professional titles and licences granted by a foreign country may be considered valid for the discharge of officers' duties on Chilean vessels pursuant to a substantiated resolution (resolución fundada) issued by the Director of the Maritime Authority.
Ship captains (patrón de nave) shall be Chilean nationals. A ship captain is a natural person who, pursuant to the corresponding title awarded by the Director of the Maritime Authority, is empowered to exercise command on smaller vessels and on certain special larger vessels.
Fishing boat captains (patrones de pesca), machinists (mecánicos-motoristas), machine operators (motoristas), sea-faring fishermen (marineros pescadores), small-scale fishermen (pescadores), industrial or maritime trade technical employees or workers, and industrial and general ship service crews on fishing factories or fishing boats shall be required to be Chilean nationals. Foreigners with domicile in Chile shall also be authorised to perform those activities when so requested by ship operators (armadores) for being indispensable to initiate those activities.
In order to fly the Chilean flag, the ship captain (patrón de nave), officers and crew must be Chilean nationals. Nevertheless, if indispensable, the General Directorate for the Maritime Territory and Merchant Fleet (Dirección General del Territorio Marítimo y de Marina Mercante), on the basis of a substantiated resolution (resolución fundada) and on a temporary basis, may authorise the hiring of foreign personnel, with the exception of the captain, who must always be a Chilean national.
Only Chilean natural or juridical persons shall be authorised to act in Chile as multimodal operators.




Sector:


Transportation




Sub-Sector:


Water transport services and shipping




Obligations Concerned:


National treatment (Investment and CBTS)
Senior management and boards of directors (Investment)
Local presence (CBTS)




Level of Government:


Central




Measures:


Code of Commerce, Book III, Titles I, IV and V (Código de Comercio, Libro III, Títulos I, IV y V)
Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law, Titles I, II and IV (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación, Títulos I, II y IV)
Decree 90 of the Ministry of Labour and Social Welfare, Official Gazette, 21 January 2000 (Decreto 90 del Ministerio de Trabajo y Previsión Social, Diario Oficial, enero 21, 2000)
Decree 49 of the Ministry of Labour and Social Welfare, 16 July 1999 (Decreto 49 del Ministerio de Trabajo y Previsión Social, Diario Oficial, julio 16, 1999)
Labour Code, Book I, Title II, Chapter III, paragraph 2 (Código del Trabajo, Libro I, Título II, Capítulo III, párrafo 2)




Description:


Investment and Cross-border trade in services
Shipping agents or representatives of ship operators, owners or captains, whether they are natural or juridical persons, shall be required to be Chilean.
Work of stowage and dockage performed by natural persons is reserved to Chileans who are duly accredited by the corresponding authority to carry out such work and have an office established in Chile. Whenever these activities are carried out by juridical persons, they must be legally constituted in Chile and have their principal domicile in Chile. The chairman, administrators, managers or directors must be Chilean. More than 50 % of the corporate capital must be held by Chilean natural or juridical persons. Such enterprises shall designate one or more empowered agents, who will act in their representation and who shall be Chilean nationals.
Anyone unloading, transhipping and, generally, using continental or insular Chilean ports, particularly for landing fish catches or processing fish catches on board, shall also be required to be a Chilean natural or juridical person.




Sector:


Transportation




Sub-Sector:


Land transportation




Obligations Concerned:


National treatment (CBTS)
Most-favoured-nation treatment (CBTS)
Local presence (CBTS)




Level of Government:


Central




Measures:


Supreme Decree 212 of the Ministry of Transport and Telecommunications, Official Gazette, 21 November 1992 (Decreto Supremo 212 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, noviembre 21, 1992)
Decree 163 of the Ministry of Transport and Telecommunications, Official Gazette, 4 January 1985 (Decreto 163 del Ministerio de Transportes y Telecomunicaciones, Diario Oficial, enero 4, 1985)
Supreme Decree 257 of the Ministry of Foreign Affairs, Official Gazette, 17 October 1991 (Decreto Supremo 257 del Ministerio de Relaciones Exteriores, Diario Oficial, octubre 17, 1991)




Description:


Cross-border trade in services
Foreign natural and juridical persons qualified to supply international transportation services in the territory of Chile cannot supply local transportation services or participate in any manner whatsoever in those activities in the territory of Chile.
Only companies with actual and effective domicile in Chile and organised under the laws of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay shall be authorised to supply international land transportation services between Chile and Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay.
Furthermore, to obtain an international land transport permit, in the case of foreign juridical persons, more than 50 % of its corporate capital and effective control shall be held by nationals of Chile, Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay.




Sector:


Transportation




Sub-Sector:


Land transportation




Obligations Concerned:


Most-favoured-nation treatment (CBTS)




Level of Government:


Central




Measures:


Law 18.290, Official Gazette, 7 February 1984, Title IV (Ley 18.290, Diario Oficial, febrero 7, 1984, Título IV)
Supreme Decree 485 of the Ministry of Foreign Affairs, Official Gazette, 7 September 1960, Geneva Convention (Decreto Supremo 485 del Ministerio de Relaciones Exteriores, Diario Oficial, septiembre 7, 1960, Convención de Ginebra)




Description:


Cross-border trade in services
Motor vehicles bearing foreign licence plates that enter Chile on a temporary basis, pursuant to provisions set out in Convention on Road Traffic, done at Geneva on 19 September 1949 (‘Geneva Convention’), shall circulate freely throughout the territory of Chile for the period established therein, provided that they comply with the requirements established by Chilean law.
Holders of valid international driving licences or certificates issued in a foreign country in accordance with the Geneva Convention may drive anywhere within the territory of Chile. The driver of a vehicle bearing foreign licence plates who holds an international driver's licence shall present, upon request by the authorities, the documents certifying both the roadworthiness of the vehicle and the use and validity of his or her personal documents.






(1)  For greater certainty, a contract of employment (contrato de trabajo) is not mandatory for the supply of cross-border trade in services.






ANNEX 17-B
RESERVATIONS FOR FUTURE MEASURES
Headnotes








1.


The schedules of the Parties in Appendices 17-B-1 and 17-B-2 set out, pursuant to Articles 17.14 and 18.8, the reservations taken by the Parties with respect to existing or more restrictive or new measures that do not conform with obligations imposed by:






(a)


Article 18.6;










(b)


Article 17.9 or 18.4;










(c)


Article 17.11 or 18.5;










(d)


Article 17.13; or










(e)


Article 17.12.
















2.


The reservations of a Party are without prejudice to the rights and obligations of the Parties under GATS.












3.


Each reservation sets out the following elements:






(a)


‘sector’ refers to the general sector in which the reservation is taken;










(b)


‘sub-sector’ refers to the specific sector in which the reservation is taken;










(c)


‘industry classification’ refers, where applicable, to the activity covered by the reservation according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described in the reservation;










(d)


‘type of reservation’ specifies the obligation referred to in paragraph 1 of this Annex for which the reservation is taken;










(e)


‘description’ sets out the scope of the sector, sub-sector or activities covered by the reservation; and










(f)


‘existing measures’ identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.
















4.


In the interpretation of a reservation, all elements of the reservation shall be considered. The ‘description’ element shall prevail over all other elements.












5.


For the purposes of the schedules of the Parties, ‘ISIC Rev. 3.1’ means the International Standard Industrial Classification of All Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No.4, ISIC Rev. 3.1, 2002.












6.


For the purposes of the schedules of the Parties, a reservation for a requirement to have a local presence in the territory of a Party is taken with respect to Article 18.6 and not with respect to Article 17.9 or 18.4 or, in Annex 17-C, with respect to Article 18.7.












7.


A reservation taken at the level of the EU Party applies to a measure of the European Union, to a measure of a Member State at the central level or to a measure of a government within a Member State, unless the reservation excludes a Member State. A reservation taken by a Member State applies to a measure of a government at the central, regional or local level within that Member State. For the purposes of the reservations of Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers. For the purposes of the reservations of the EU Party, a regional level of government in Finland means the Åland Islands. A reservation taken at the level of Chile applies to a measure of the central government or a local government.












8.


The schedules of the Parties do not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures where they do not constitute a limitation within the meaning of Articles 17.9 and 18.4. Those measures may include, in particular, the need to obtain a licence, to satisfy universal service obligations, to have recognised qualifications in regulated sectors, to pass specific examinations, including language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, to have a local agent for service, or to maintain a local address, or any other non-discriminatory requirements that certain activities may not be carried out in protected zones or areas. Although they are not listed in this Annex, such measures continue to apply.












9.


For greater certainty, for the EU Party, the obligation to grant national treatment does not entail a requirement to extend to natural or juridical persons of Chile the treatment granted in a Member State, pursuant to the Treaty on the Functioning of the European Union, or any measure adopted pursuant to that Treaty, including their implementation in the Member States, to:






(a)


natural persons or residents of another Member State; or










(b)


juridical persons constituted or organised under the law of another Member State or of the European Union and having their registered office, central administration or principal place of business in the European Union.
















10.


Treatment granted to juridical persons established by investors of a Party in accordance with the law of the other Party (including, in the case of the EU Party, the law of a Member State) and having their registered office, central administration or principal place of business within that other Party, is without prejudice to any condition or obligation, pursuant to Chapter 17, which may have been imposed on such juridical person when it was established in that other Party, and which shall continue to apply.












11.


The schedules of the Parties apply only to the territories of the Parties in accordance with Article 41.2 and are only relevant in the context of trade relations between the EU Party and Chile. They do not affect the rights and obligations of the Member States under European Union law.












12.


The following abbreviations are used in the schedule of the EU Party:






 


EU European Union, including all its Member States










 


AT Austria










 


BE Belgium










 


BG Bulgaria










 


CY Cyprus










 


CZ Czechia










 


DE Germany










 


DK Denmark










 


EE Estonia










 


EL Greece










 


ES Spain










 


FI Finland










 


FR France










 


HR Croatia










 


HU Hungary










 


IE Ireland










 


IT Italy










 


LT Lithuania










 


LU Luxembourg










 


LV Latvia










 


MT Malta










 


NL Netherlands










 


PL Poland










 


PT Portugal










 


RO Romania










 


SE Sweden










 


SI Slovenia










 


SK Slovakia










 


EEA European Economic Area











Appendix 17-B-1
SCHEDULE OF THE EU PARTY
Reservation No. 1 – All sectors
Reservation No. 2 – Professional services – other than health-related services
Reservation No. 3 – Professional services – health related and retail of pharmaceuticals
Reservation No. 4 – Business services – research and development services
Reservation No. 5 – Business services – real estate services
Reservation No. 6 – Business services – rental or leasing services
Reservation No. 7 – Business services – collection agency services and credit reporting services
Reservation No. 8 – Business services – placement services
Reservation No. 9 – Business services – security and investigation services
Reservation No. 10 – Business services – other business services
Reservation No. 11 – Telecommunication
Reservation No. 12 – Construction
Reservation No. 13 – Distribution services
Reservation No. 14 – Education services
Reservation No. 15 – Environmental services
Reservation No. 16 – Health services and social services
Reservation No. 17 – Tourism and travel related services
Reservation No. 18 – Recreational, cultural and sporting services
Reservation No. 19 – Transport services and auxiliary transport services
Reservation No. 20 – Agriculture, fishing and water
Reservation No. 21 – Mining and Energy related activities
Reservation No. 22 – Other services not included elsewhere
Reservation No. 1 – All sectors






Sector:


All sectors




Type of reservation:


National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Performance requirements (Investment)
Senior management and boards of directors (Investment)
Local presence (CBTS)




Chapter/Section:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Establishment
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In FI: Restrictions on the right of natural persons who do not enjoy regional citizenship in Åland, and of juridical persons, to acquire and hold real property on the Åland Islands without obtaining permission from the competent authorities of the Åland Islands. Restrictions on the right of establishment and right to carry out economic activities by natural persons who do not enjoy regional citizenship in Åland, or by any enterprise, without obtaining permission from the competent authorities of the Åland Islands.
Existing measures:
FI: Ahvenanmaan maanhankintalaki (Act on land acquisition in Åland) (3/1975), 2 §; and Ahvenanmaan itsehallintolaki (Act on the Autonomy of Åland) (1144/1991), 11 § .
With respect to Investment liberalisation – National treatment, Performance requirements, Senior management and boards of directors:
In FR: Pursuant to Articles L151-1 and 153-1 et seq of the financial and monetary code, foreign investments in FR in sectors listed in article R.151-3 of the financial and monetary code are subject to prior approval from the Minister for the Economy.
Existing measures:
FR: As set out in the description element as indicated above.
With respect to Investment liberalisation – National treatment, Senior management and boards of directors:
In FR: Limiting foreign participation in newly privatised companies to a variable amount, determined by the government of FR on a case-by-case basis, of the equity offered to the public. For establishing in certain commercial, industrial or artisanal activities, a specific authorisation is needed if the managing director is not a holder of a permanent residence permit.
With respect to Investment liberalisation – National treatment:
In BG: Certain economic activities related to the exploitation or use of State or public property are subject to concessions granted under the Concessions Act.
In commercial corporations in which the State or a municipality holds a share in the capital exceeding 50 %, any transactions for disposition of fixed assets of the corporation, to conclude any contracts for acquisition of participating interest, lease, joint activity, credit, securing of receivables, as well as incurring any obligations arising under bills of exchange, are subject to authorisation or permission by the Public Enterprises and Control Agency or other State or regional bodies, whichever is the competent authority. This reservation does not apply to mining and quarrying, which are subject to a separate reservation in the schedule of the EU Party in Annex 17-A to this Agreement.
In IT: The government may exercise certain special powers in enterprises operating in the areas of defence and national security, and in certain activities of strategic importance in the areas of energy, transport and communications. This applies to all juridical persons carrying out activities considered of strategic importance in the areas of defence and national security, not only to privatised companies.
If there is a threat of serious injury to the essential interests of defence and national security, the government has the following special powers to:






(i)


impose specific conditions in the purchase of shares;










(ii)


veto the adoption of resolutions relating to special operations such as transfers, mergers, splitting up and changes of activity; or










(iii)


reject the acquisition of shares, where the buyer seeks to hold a level of participation in the capital that is likely to prejudice the interests of defence and national security.




Any resolution, act or transaction (such as transfers, mergers, splitting up, change of activity or termination) relating to strategic assets in the areas of energy, transport and communications shall be notified by the concerned company to the Prime Minister's office. In particular, acquisitions by any natural or juridical person outside the European Union that give this person control over the company shall be notified.
The Prime Minister may exercise the following special powers:






(i)


to veto any resolution, act and transaction that constitutes an exceptional threat of serious injury to the public interest in the security and operation of networks and supplies;










(ii)


to impose specific conditions in order to guarantee the public interest; or










(iii)


to reject an acquisition in exceptional cases of risk to the essential interests of the State.




The criteria on which to evaluate the real or exceptional threat and conditions and procedures for the exercise of the special powers are laid down in the law.
Existing measures:
IT: Law 56/2012 on special powers in companies operating in the field of defence and national security, energy, transport and communications; and Decree of the Prime Minister DPCM 253 of 30 November 2012 defining the activities of strategic importance in the field of defence and national security.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment, Performance requirements, Senior management and boards of directors:
In LT: Enterprises, sectors, zones, assets and facilities of strategic importance to national security.
Existing measures:
LT: Law on the Protection of Objects of Importance to Ensuring National Security of the Republic of Lithuania of 10 October 2002 No. IX-1132 (as last amended on 17 September 2020, No XIII-3284).
With respect to Investment liberalisation – National treatment and Senior management and boards of directors:
In SE: Discriminatory requirements for founders, senior management and boards of directors when new forms of legal association are incorporated into Swedish law.










(b)


Acquisition of real estate
With respect to Investment liberalisation – National treatment, Senior management and boards of directors:
In HU: The acquisition of state-owned properties.
With respect to Investment liberalisation – National treatment:
In HU: The acquisition of arable land by foreign juridical persons and non-resident natural persons.
Existing measures:
HU: Act CXXII of 2013 on the circulation of agricultural and forestry land (Chapter II (Paragraph 6-36) and Chapter IV (Paragraph 38-59)); and Act CCXII of 2013 on the transitional measures and certain provisions related to Act CXXII of 2013 on the circulation of agricultural and forestry land (Chapter IV (Paragraph 8-20)).
In LV: The acquisition of rural land by nationals of Chile or of a third country.
Existing measures:
LV: Law on land privatisation in rural areas, ss. 28, 29, 30.
In SK: Foreign companies or natural persons may not acquire agricultural and forest land outside the borders of the built-up area of a municipality and some other land (e.g. natural resources, lakes, rivers, public roads etc.).
Existing measures:
SK: Act No 44/1988 on protection and exploitation of natural resources; Act No 229/1991 on regulation of the ownership of land and other agricultural property; Act No 460/1992 Constitution of the Slovak Republic; Act No 180/1995 on some measures for land ownership arrangements;
Act No 202/1995 on foreign exchange; Act No 503/2003 on restitution of ownership to land; Act No 326/2005 on forests; and Act No 140/2014 on the acquisition of ownership of agricultural land.
With respect to Investment liberalisation – National treatment; Cross-border trade in services – Local presence:
In BG: Foreign natural and juridical persons cannot acquire land. Juridical persons of BG with foreign participation cannot acquire agricultural land. Foreign juridical persons and foreign natural persons with permanent residence abroad can acquire buildings and real estate property rights (right to use, right to build, right to raise a superstructure and servitudes). Foreign natural persons with permanent residence abroad, foreign juridical persons in which foreign participation ensures a majority in adopting decisions or blocks the adoption of decisions, can acquire real estate property rights in specific geographic regions designated by the Council of Ministers subject to permission.
Existing measures:
BG: Constitution of the Republic of Bulgaria, Article 22; Law on Ownership and Use of Agricultural Land, Article 3; and Law on Forests, Article 10.
In EE: Foreign natural or juridical persons that are not from the EEA or from members of the Organisation for Economic Co-operation and Development (‘OECD’) can acquire an immovable asset which contains agricultural or forest land only with the authorisation of the county governor and of the municipal council, and must prove as prescribed by law that the immovable asset will, according to its intended purpose, be used efficiently, sustainably and purposefully.
Existing measures:
EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act) Chapters 2 and 3.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In LT: Any measure which is consistent with the commitments taken by the European Union and which are applicable in LT in GATS with respect to land acquisition. The land plot acquisition procedure, terms and conditions, as well as restrictions shall be established by the Constitutional Law, the Law on Land and the Law on the Acquisition of Agricultural Land. However, local governments (municipalities) and other national entities of Members of the OECD and North Atlantic Treaty Organization conducting economic activities in LT, which are specified by the constitutional law in compliance with the criteria of European Union and other integration which LT has embarked on, are permitted to acquire into their ownership non-agricultural land plots required for the construction and operation of buildings and facilities necessary for their direct activities.
Existing measures:
LT: Constitution of the Republic of Lithuania; the Constitutional Law of the Republic of Lithuania on the Implementation of Paragraph 3 of Article 47 of the Constitution of the Republic of Lithuania of 20 June 1996 No. I-1392, new redaction 20 March 2003 No IX-1381, last amendment 12 January 2018 No XIII-981; Law on land 26 April 1994 No I-446, new redaction 27 January 2004 No. IX-1983, last amendment 26 June 2020 No XIII-3165; Law on acquisition of agricultural land of 28 January 2003 No IX-1314, new redaction from 1 January 2018 No XIII-801, last amendment 14 May 2020 No XIII-2935; and Forest Law of 22 November 1994 No I-671, new redaction 10 April 2001 No IX-240, last amendment 25 June 2020 No XIII-3115.










(c)


Recognition
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In EU: The European Union directives on mutual recognition of diplomas and other professional qualifications only apply to the citizens of the European Union. The right to practise a regulated professional service in one Member State does not grant the right to practise in another Member State.










(d)


Most-favoured-nation treatment
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade in services – Most-favoured-nation treatment:
In EU: According differential treatment to a third country pursuant to any international investment treaty or other trade agreement in force or signed prior to the date of entry into force of this Agreement.
In EU: According differential treatment to a third country pursuant to any existing or future bilateral or multilateral agreement which:






(i)


creates an internal market in services and investment;










(ii)


grants the right of establishment; or










(iii)


requires the approximation of legislation in one or more economic sectors;





                     ‘internal market in services and investment’ means an area without internal frontiers in which the free movement of services, capital and persons is ensured;

                     ‘right of establishment’ means an obligation to abolish in substance all barriers to establishment among the parties to the bilateral or multilateral agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the bilateral or multilateral agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the party where such establishment takes place;

                     ‘approximation of legislation’ means:






(i)


the alignment of the legislation of one or more of the parties to the bilateral or multilateral agreement with the legislation of the other party or parties to that agreement; or










(ii)


the incorporation of common legislation into the law of the parties to the bilateral or multilateral agreement.




Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at such time that it has been enacted in the law of the party or parties to the bilateral or multilateral agreement.
Existing measures:
EU: Agreement on the European Economic Area (1); Stabilisation Agreements; EU-Swiss Confederation bilateral agreements; and Deep and Comprehensive Free Trade Agreements.
In EU: According differential treatment relating to the right of establishment to nationals or enterprises through existing or future bilateral agreements between the following Member States: BE, DE, DK, EL, ES, FR, IE, IT, LU, NL, PT and any of the following countries or principalities: Andorra, Monaco, San Marino and the Vatican City State.
In DK, FI, SE: Measures taken by DK, FI and SE aimed at promoting Nordic cooperation, such as:






(i)


financial support to research and development (R&D) projects (the Nordic Industrial Fund);










(ii)


funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and










(iii)


financial assistance to companies utilising environmental technology (the Nordic Environment Finance Corporation); the purpose of the Nordic Environment Finance Corporation (NEFCO) is to promote investments of Nordic environmental interest, with a focus on Eastern Europe.




This reservation is without prejudice to the exclusion of procurement by a Party or subsidies in subparagraphs (e) and (f) of Article 18.1(2) of this Agreement.
In PL: Preferential conditions for establishment or the cross-border supply of services, which may include the elimination or amendment of certain restrictions embodied in the list of reservations applicable in PL, may be extended through commerce and navigation treaties.
In PT: Waiving nationality requirements for the exercise of certain activities and professions by natural persons supplying services for countries in which Portuguese is the official language (Angola, Brazil, Cabo Verde, Guinea-Bissau, Equatorial Guinea, Mozambique, São Tomé and Príncipe, and Timor-Leste).










(e)


Arms, munition and war material
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – National treatment, Most-favoured-nation treatment, Local presence:
In EU: Production or distribution of, or trade in, arms, munitions and war material. War material is limited to any product which is solely intended and made for military use in connection with the conduct of war or defence activities.




Reservation No. 2 – Professional services – other than health-related services






Sector:


Professional services – legal services: services of notaries and by bailiffs; accounting and bookkeeping services; auditing services, taxation advisory services; architecture and urban planning services, engineering services, and integrated engineering services




Industry classification:


Part of CPC 861, part of CPC 87902, 862, 863, 8671, 8672, 8673, 8674, and part of CPC 879




Type of reservation:


National treatment
Most-favoured-nation treatment
Senior management and board of directors




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Legal services
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment:
In EU, with the exception of SE: The supply of legal advisory and legal authorisation, documentation, and certification services provided by legal professionals entrusted with public functions, such as notaries, ‘huissiers de justice’ or other ‘officiers publics et ministériels’, and with respect to services provided by bailiffs who are appointed by an official act of government (part of CPC 861, part of CPC 87902).
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade in services – Most-favoured-nation treatment:
In BG: Full national treatment on the establishment and operation of companies, as well as on the supply of services, may be extended only to companies established in, and citizens of, the countries with whom preferential arrangements have been or will be concluded (part of CPC 861).
In LT: Attorneys from foreign countries can participate as advocates in court only in accordance with international agreements (part of CPC 861), including specific provisions regarding legal representation before courts.










(b)


Auditing services (CPC – 86211, 86212 other than accounting and bookkeeping services)
With respect to Cross-border trade in services – National treatment:
In BG: An independent financial audit shall be implemented by registered auditors who are members of the Institute of the Certified Public Accountants. Subject to reciprocity, the Institute of the Certified Public Accountants shall register an audit entity of Chile or of a third country upon the latter furnishing proof that:






(i)


three-fourths of the members of the management bodies and the registered auditors carrying out audit on behalf of the entity meet requirements equivalent to those for Bulgarian auditors and have passed successfully the examinations for it;










(ii)


the audit entity carries out independent financial audit in accordance with the requirements for independence and objectivity; and










(iii)


the audit entity publishes on its website an annual transparency report or performs other equivalent requirements for disclosure in case it audits public-interest entities.




Existing measures:
BG: Independent Financial Audit Act.
With respect to Investment liberalisation – National treatment, Senior management and boards of directors:
In CZ: Only a juridical person in which at least 60 % of capital interests or voting rights are reserved to nationals of the Czech Republic or of the Member States is authorised to carry out audits in the Czech Republic.
Existing measures:
CZ: Law of 14 April 2009 no. 93/2009 Coll., on Auditors, as amended.










(c)


Architecture and urban planning services (CPC 8674)
With respect to Cross-border trade in services – National treatment:
In HR: The cross-border supply of urban planning.




Reservation No. 3 – Professional services – health-related and retail of pharmaceuticals






Sector:


Health-related professional services and retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by pharmacists




Industry classification:


CPC 63211, 85201, 9312, 9319, 93121, 932




Type of reservation:


National treatment
Senior management and board of directors
Performance requirements
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Medical and dental services; services provided by midwives, nurses, physiotherapists, psychologists and paramedical personnel (CPC 63211, 85201, 9312, 9319, 932)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment:
In FI: The supply of all health-related professional services, whether publicly or privately funded, including medical and dental services, services provided by midwives, physiotherapists and paramedical personnel and services provided by psychologists, excluding services provided by nurses (CPC 9312, 93191).
Existing measures:
FI: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990).
In BG: The supply of all health-related professional services, whether publicly or privately funded, including medical and dental services, services provided by nurses, midwives, physiotherapists and paramedical personnel and services provided by psychologists (CPC 9312, part of 9319).
Existing measures:
BG: Law for Medical Establishment, Professional Organisation of Medical Nurses, Midwives and Associated Medical Specialists Guild Act.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In CZ, MT: The supply of all health-related professional services, whether publicly or privately funded, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, psychologists, as well as other related services (CPC 9312, part of 9319).
Existing measures:
CZ: Act No 296/2008 Coll., on Safeguarding the Quality and Safety of Human Tissues and Cells Intended for Use in Man (‘Act on Human Tissues and Cells’); Act No 378/2007 Coll., on Pharmaceuticals and on Amendments to Some Related Acts (Act on Pharmaceuticals); Act No. 268/2014 Coll. on medical devices and amending Act No 634/2004 Coll. on administrative fees, as subsequently amended; Act No. 285/2002 Coll., on the Donating, Taking and Transplanting of Tissues and Organs and on Amendment to Certain Acts (Transplantation Act); Act No. 372/2011 Coll., on health services and on conditions of their provision; and Act No. 373/2011 Coll., on specific health services.
With respect to Cross-border trade in services – National treatment, Local presence:
In EU, with the exception of NL and SE: The supply of all health-related professional services, whether publicly or privately funded, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, requires residency. These services may only be provided by natural persons physically present in the territory of the European Union (CPC 9312, part of 93191).
In BE: The cross-border supply whether publicly or privately funded of all health-related professional services, including medical, dental and midwives services and services provided by nurses, physiotherapists, psychologists and paramedical personnel (part of CPC 85201, 9312, part of 93191).
With respect to Cross-border trade in services – National treatment, Most-favoured-nation treatment:
In PT: Concerning the professions of physiotherapists, paramedical personnel and podiatrists, foreign professionals may be allowed to practice based on reciprocity.










(b)


Veterinary services (CPC 932)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In BG: A veterinary medical establishment may be established by a natural or a juridical person.
The practice of veterinary medicine is only allowed for nationals of the EEA and for permanent residents (physical presence is required for permanent residents).
With respect to Cross-border trade in services – National treatment:
In BE, LV: Cross-border supply of veterinary services.










(c)


Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by pharmacists (CPC 63211)
With respect to Cross-border trade in services – Local presence:
In EU, with the exception of BE, BG, EE, ES, IE and IT: Mail order is only possible from Member States of the EEA, thus establishment in any of those countries is required for the retail of pharmaceuticals and specific medical goods to the general public in the European Union.
In CZ: Retail sales are only possible from Member States.
In BE: The retail sales of pharmaceuticals and specific medical goods are only possible from a pharmacy established in BE.
In BG, EE, ES, IT and LT: Cross-border retail sales of pharmaceuticals.
In IE and LT: Cross-border retail of pharmaceuticals requiring a prescription.
In PL: Intermediaries in the trade of medicinal products must be registered and have a place of residence or registered office in the territory of PL.
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – National treatment:
In FI: Retail sales of pharmaceutical products and of medical and orthopaedic goods.
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment:
In SE: Retail sales of pharmaceutical goods and the supply of pharmaceutical goods to the general public.
Existing measures:
AT: Arzneimittelgesetz (Medication Act), BGBl. Nr. 185/1983, § § 57, 59, 59a; and
Medizinproduktegesetz (Medical Products Law), BGBl. Nr. 657/1996 as amended, § 99.
BE: Arrêté royal du 21 janvier 2009 portant instructions pour les pharmaciens; and Arrêté royal du 10 novembre 1967 relatif à l'exercice des professions des soins de santé.
CZ: Act No. 378/2007 Coll., on Pharmaceuticals, as amended; and Act No. 372/2011 Coll., on Health services, as amended.
FI: Lääkelaki (Medicine Act) (395/1987).
PL: Pharmaceutical Law, Art. 73a (Journal of Laws of 2020, item 944, 1493).
SE: Law on trade with pharmaceuticals (2009:336); Regulation on trade with pharmaceuticals (2009:659); and the Swedish Medical Products Agency has adopted further regulations, the details can be found at (LVFS 2009:9).




Reservation No. 4 – Business services – research and development services






Sector:


Research and development services




Industry classification:


CPC 851, 852, 853




Type of reservation:


National treatment




Chapter:


Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In RO: Cross-border supply of research and development services.
Existing measures:
RO: Governmental Ordinance no. 6 / 2011; Order of Minister of Education and Research no. 3548 / 2006; and Governmental Decision no. 134 / 2011.
Reservation No. 5 – Business services – real estate services






Sector:


Real estate services




Industry classification:


CPC 821, 822




Type of reservation:


National treatment




Chapter:


Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In CZ and HU: Cross-border supply of real estate services.
Reservation No. 6 – Business services – rental or leasing services






Sector:


Rental or leasing services without operators




Industry classification:


CPC 832




Type of reservation:


National treatment




Chapter:


Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In BE and FR: Cross-border supply of leasing or rental services without operator concerning personal and household goods.
Reservation No. 7 – Business services – collection agency services and credit reporting services






Sector:


Collection agency services, credit reporting services




Industry classification:


CPC 87901, 87902




Type of reservation:


National treatment
Local presence




Chapter:


Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In EU, with the exception of ES, LV and SE: with regard to the supply of collection agency services and credit reporting services.
Reservation No. 8 – Business services – placement services






Sector – sub-sector:


Business services – placement services




Industry classification:


CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209




Type of reservation:


National treatment
Senior management and boards of directors
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment, Local presence:
In EU, with the exception of HU and SE: Supply services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209).
In BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK: Executive search services (CPC 87201).
In AT, BG, CY, CZ, EE, FI, LT, LV MT, PL, PT, RO, SI and SK: The establishment of placement services of office support personnel and other workers (CPC 87202).
In AT, BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK: Supply services of office support personnel (CPC 87203).
With respect to Cross-border trade in services – National treatment, Local presence:
In EU with the exception of BE, HU and SE: The cross-border supply of placement services of office support personnel and other workers (CPC 87202).
In IE: The cross-border supply of executive search services (CPC 87201).
In FR, IE, IT and NL: The cross-border supply of services of office personnel (CPC 87203).
With respect to Investment liberalisation – National treatment:
In DE: The Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of non-European Union and non-EEA personnel for specified professions (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209).
Existing measures:
AT: § § 97 and 135 of the Austrian Trade Act (Gewerbeordnung), Federal Law Gazette Nr. 194/1994 as amended; and Temporary Employment Act (Arbeitskräfteüberlassungsgesetz/AÜG), Federal Law Gazette Nr. 196/1988 as amended.
BG: Employment Promotion Act, Articles 26, 27, 27a and 28.
CY: Private Employment Agency Law N. 126(I)/2012 as amended; and Law N.174(I)/2012 as amended.
CZ: Act on Employment (435/2004).
DE: Gesetz zur Regelung der Arbeitnehmerüberlassung (AÜG); Sozialgesetzbuch Drittes Buch (SGB III; Social Code, Book Three) – Employment Promotion; and Verordnung über die Beschäftigung von Ausländerinnen und Ausländern (BeschV; Ordinance on the Employment of Foreigners).
DK: § § 8a – 8f in law decree no. 73 of 17 January 2014 and specified in decree no. 228 of 7 March 2013 (employment of seafarers); and Employment Permits Act 2006. S1(2) and (3).
EL: Law 4052/2012 (Official Government Gazette 41 Α) as amended by the Law 4093/2012 (Official Government Gazette 222 Α).
FI: Laki julkisesta työvoima-ja yrityspalvelusta (Act on Public Employment and Enterprise Service) (916/2012).
HR: Labour Market Act (OG 118/18, 32/20); Labour Act (OG 93/14, 127/17, 98/19); and Aliens Act (OG 130/11, 74/13, 67/17, 46/18, 53/20).
IE: Employment Permits Act 2006. S1(2) and (3).
IT: Legislative Decree 276/2003 Articles 4, 5.
LT: Lithuanian Labour Code of the Republic of Lithuania approved by Law No XII-2603 of 14 September 2016 of the Republic of Lithuania, last amendment 15 October 2020 No XIII-3334; and the Law on the Legal Status of Aliens of the Republic of Lithuania of 29 April 2004 No. IX-2206, last amendment 10 November 2020 No XIII-3412.
LU: Loi du 18 janvier 2012 portant création de l'Agence pour le développement de l'emploi (Law of 18 January 2012 concerning the creation of an agency for employment development – ADEM).
MT: Employment and Training Services Act, (Cap 343) (Articles 23 to 25); and Employment Agencies Regulations (S.L. 343.24).
PL: Article 18 of the Act of 20 April 2004 on the promotion of employment and labour market institutions (Dz. U. of 2015, Item. 149, as amended).
PT: Decree-Law No 260/2009 of 25 September, as amended by Law No. 5/2014 of 12 February; Law No. 28/2016 of the 23 August 2016, and Law No. 146/2015 of 9 September 2015 (access and provision of services by placement agencies).
RO: Law no. 156/2000 on the protection of Romanian citizens working abroad, republished, and Government Decision no. 384/2001 for approving the methodological norms for applying the Law no. 156/2000, with subsequent amendments; Ordinance of the Government no. 277/2002, as modified by Government Ordinance No. 790/2004 and Government Ordinance No. 1122/2010; and Law no. 53/2003 – Labour Code, republished, with subsequent amendments and supplement and the Government Decision no 1256/2011 on the operating conditions and authorisation procedure for temporary work agency.
SI: Labour market regulation act (Official Gazette of RS, No. 80/2010, 21/2013, 63/2013, 55/2017); and Employment, Self-employment and Work of Aliens Act – ZZSDT (Official Gazette of RS, No. 47/2015), ZZSDT-UPB2 (Official Gazette of RS, No. 1/2018).
SK: Act No 5/2004 on Employment Services; and Act No 455/1991on Trade Licensing.
Reservation No. 9 – Business services – security and investigation services






Sector – sub-sector:


Business services – security and investigation services




Industry classification:


CPC 87301, 87302, 87303, 87304, 87305, 87309




Type of reservation:


National treatment
Senior management and boards of directors
Performance requirements
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Security services (CPC 87302, 87303, 87304, 87305, 87309)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – National treatment, Local presence:
In BG, CY, CZ, EE, LT, LV, MT, PL, RO, SI and SK: The supply of security services.
In DK, HR and HU: The supply of the following subsectors: guard services (87305) in HR and HU, security consultation services (87302) in HR, airport guard services (part of 87305) in DK and armoured car services (87304) in HU.
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment, Local presence:
In BE: Nationality of a Member State is required for boards of directors of enterprises supplying guard and security services (87305) as well as consultancy and training relating to security services (87302). The senior management of companies providing guard and security consultancy services required to be resident nationals of a Member State.
In FI: Licences to supply security services may be granted only to natural persons resident in the EEA or juridical persons established in the EEA.
In ES: The cross-border supply of security services. Nationality requirements exist for private security personnel.
With respect to Cross-border trade in services – National treatment, Local presence:
In BE, FI, FR and PT: The supply of security services by a foreign provider on a cross-border basis is not allowed. Nationality requirements exist for specialised personnel in PT and for managing directors and directors in FR.
Existing measures:
BE: Loi réglementant la sécurité privée et particulière, 2 octobre 2017.
BG: Private Security Business Act.
CZ: Trade Licensing Act.
DK: Regulation on aviation security.
FI: Laki yksityisistä turvallisuuspalveluista 282/2002 (Private Security Services Act).
LT: Law on security of Persons and Assets 8 July 2004 No. IX-2327.
LV: Security Guard Activities Law (Sections 6, 7, 14).
PL: Act of 22 August 1997 on the protection of persons and property (Journal of Laws of 2016, item 1432 as amended).
PT: Law 34/2013 alterada p/ Lei 46/2019, 16 maio 2019; and Ordinance 273/2013 alterada p/ Portaria 106/2015, 13 abril 2015.
SI: Zakon o zasebnem varovanju (Law on private security).










(b)


Investigation services (CPC 87301)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – National treatment, Local presence:
In EU, with the exception of AT and SE: The supply of investigation services.




Reservation No. 10 – Business services – other business services






Sector– sub-sector:


Business services – other business services (translation and interpretation services, duplicating services, services incidental to energy distribution and services incidental to manufacturing)




Industry classification:


CPC 86764, 86769, 87905, 87904, 884, 8868, 887




Type of reservation:


National treatment
Most-favoured-nation treatment
Senior management and board of directors
Performance requirements
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Translation and interpretation services (CPC 87905)
With respect to Cross-border trade in services – Local presence:
In HR: Cross-border supply of translation and interpretation of official documents.










(b)


Duplicating services (CPC 87904)
With respect to Cross-border trade in services – National treatment, Local presence:
In HU: Cross-border supply of duplicating services.










(c)


Services incidental to energy distribution and services incidental to manufacturing (part of CPC 884, 887 other than advisory and consulting services)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment, Local presence:
In HU: Services incidental to energy distribution, and cross-border supply of services incidental to manufacturing, with the exception of advisory and consulting services relating to these sectors.










(d)


Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof (part of CPC 86764, 86769, 8868)
With respect to Cross-border trade in services – National treatment, Local presence:
In EU, with the exception of DE, EE and HU: The cross-border supply of maintenance and repair services of rail transport equipment.
In EU, with the exception of CZ, EE, HU, LU and SK: Cross-border supply of maintenance and repair services of inland waterway transport vessels.
In EU, with the exception of EE, HU and LV: The cross-border supply of maintenance and repair services of maritime vessels.
In EU, with the exception of AT, EE, HU, LV, and PL: The cross-border supply of maintenance and repair services of aircraft and parts thereof (part of CPC 86764, 86769, 8868).
In EU: The cross-border supply of services of statutory surveys and certification of ships.
Existing measures:
EU: Regulation (EC) No 391/2009 of the European Parliament and of the Council (2).










(e)


Other business services related to aviation
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade in services – Most-favoured-nation treatment:
In EU: According differential treatment to a third country pursuant to existing or future bilateral agreements relating to the following services:






(i)


selling and marketing of air transport services;










(ii)


computer reservation system (CRS) services;










(iii)


maintenance and repair of aircraft and parts;










(iv)


rental or leasing of aircraft without crew.








Reservation No. 11 – Telecommunication






Sector:


Satellite broadcast transmission services




Type of reservation:


National treatment




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In BE: Satellite broadcast transmission services.
Reservation No. 12 – Construction






Sector:


Construction services




Industry classification:


CPC 51




Type of reservation:


National treatment




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In LT: The right to prepare design documentation for construction works of exceptional significance is only given to a design enterprise registered in Lithuania or a foreign design enterprise which has been approved by an institution authorised by the government for those activities. The right to perform technical activities in the main areas of construction may be granted to a non-Lithuanian person who has been approved by an institution authorised by the government of Lithuania.
Reservation No. 13 – Distribution services






Sector:


Distribution services




Industry classification:


CPC 621, 62117, 62251, 62228, 62251, 62271, 8929, part of 62112, 62226, part of 62272, 62276, part of 631, 63108, part of 6329




Type of reservation:


National treatment
Senior management and boards of directors
Performance requirements




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Distribution of pharmaceuticals
With respect to Cross-border trade in services – Local presence:
In BG: Cross-border wholesale distribution of pharmaceuticals (CPC 62251).
With respect to Investment liberalisation – National treatment, Performance requirements, Senior management and boards of director, and Cross-border trade in services – National treatment:
In FI: Distribution of pharmaceutical products (CPC 62117, 62251, 8929).
Existing measures:
BG: Law on Medicinal Products in Human Medicine; and Law on Medical Devices.
FI: Lääkelaki (Medicine Act) (395/1987).










(b)


Distribution of alcoholic beverages
In FI: Distribution of alcoholic beverages (part of CPC 62112, 62226, 63107, 8929).
Existing measures:
FI: Alkoholilaki (Alcohol Act) (1102/2017).










(c)


Other distribution (part of CPC 621, 62228, 62251, 62271, part of 62272, 62276, 63108, part of 6329)
With respect to Cross-border trade in services – National treatment, Local presence:
In BG: Wholesale distribution of chemical products, precious metals and stones, medical substances and products and objects for medical use; tobacco and tobacco products and alcoholic beverages.
BG reserves the right to adopt or maintain any measure with respect to the services provided by commodity brokers.
Existing measures:
In BG: Law on Medicinal Products in Human Medicine; Law on Medical Devices; Law of Veterinary Activity; Law for Prohibition of Chemical Weapons and for Control over Toxic Chemical Substances and Their Precursors; Law for Tobacco and Tobacco Products; Law on excise duties and tax warehouses; and Law on wine and spirits.




Reservation No. 14 – Education services






Sector:


Education services




Industry classification:


CPC 92




Type of reservation:


National treatment
Senior management and boards of directors
Performance requirements
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
With respect to Investment liberalisation – National treatment, Performance requirements, Senior management and boards of director, and Cross-border trade in services – National treatment, Local presence:
In EU: Educational services which receive public funding or State support in any form. Where the supply of privately funded education services by a foreign provider is permitted, participation of private operators in the education system may be subject to concession allocated on a non-discriminatory basis.
In EU, with the exception of CZ, NL, SE and SK: With respect to the supply of privately funded other education services, which means other than those classified as being primary, secondary, higher and adult education services (CPC 929).
In CY, FI, MT and RO: The supply of privately funded primary, secondary, and adult education services (CPC 921, 922, 924).
In AT, BG, CY, FI, MT and RO: The supply of privately funded higher education services (CPC 923).
In CZ and SK: The majority of the members of the board of directors of an establishment providing privately funded education services must be nationals of that country (CPC 921, 922, 923 for SK other than 92310, 924).
In SI: Privately funded elementary schools may be founded by Slovenian natural or juridical persons only. The service supplier must establish a registered office or a branch. The majority of the members of the board of directors of an establishment providing privately funded secondary or higher education services must be Slovenian nationals (CPC 922, 923).
In SE: Educational services suppliers that are approved by public authorities to provide education. This reservation applies to privately funded educational services suppliers with some form of State support, inter alia, educational service suppliers recognised by the State, educational services suppliers under State supervision or education which entitles to study support (CPC 92).
In SK: EEA residency is required for suppliers of all privately funded education services other than post-secondary technical and vocational education services. (CPC 921, 922, 923 other than 92310, 924).
With respect to Cross-border trade in services – National treatment, Local presence:
In BG, IT and SI: To restrict the cross-border supply of privately funded primary education services (CPC 921).
In BG and IT: To restrict the cross-border supply of privately funded secondary education services (CPC 922).
In AT: To restrict the cross-border supply of privately funded adult education services by means of radio or television broadcasting (CPC 924).
Existing measures:
BG: Public Education Act, Article 12; Law for the Higher Education, paragraph 4 of the additional provisions; and Vocational Education and Training Act, Article 22.
FI: Perusopetuslaki (Basic Education Act) (628/1998); Lukiolaki (General Upper Secondary Schools Act) (629/1998); Laki ammatillisesta koulutuksesta (Vocational Training and Education Act) (630/1998); Laki ammatillisesta aikuiskoulutuksesta (Vocational Adult Education Act) (631/1998); Ammattikorkeakoululaki (Polytechnics Act) (351/2003); and Yliopistolaki (Universities Act) (558/2009).
IT: Royal Decree 1592/1933 (Law on secondary education); Law 243/1991 (Occasional public contribution for private universities); Resolution 20/2003 of CNVSU (Comitato nazionale per la valutazione del sistema universitario); and Decree of the President of the Republic (DPR) 25/1998.
SK: Act 245/2008 on education; Act 131/2002 on Universities; and Act 596/2003 on State Administration in Education and School Self-Administration.
Reservation No. 15 – Environmental services






Sector– sub-sector:


Environmental services – waste and soil management




Industry classification:


CPC 9401, 9402, 9403, 94060




Type of reservation:


Local presence




Chapter:


Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In DE: The supply of waste management services other than advisory services, and with respect to services relating to the protection of soil and the management of contaminated soils, other than advisory services.
Reservation No. 16 – Health services and social services






Sector:


Health services and social services




Industry classification:


CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193, 93199




Type of reservation:


National treatment
Most-favoured-nation treatment
Senior management and board of directors
Performance requirements
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Health services – hospital, ambulance, residential health services (CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193, 93199)
With respect to Investment liberalisation – National treatment, Performance requirements, Senior management and boards of directors:
In EU: For the supply of all health services which receive public funding or State support in any form.
In EU: For all privately funded health services, other than privately funded hospital, ambulance, and residential health facilities services other than hospital services.
This reservation does not relate to the supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931 other than 9312, part of 93191).
In AT, PL and SI: The supply of privately funded ambulance services (CPC 93192).
In BE: the establishment of privately funded ambulance and residential health facilities services other than hospital services (CPC 93192, 93193).
In BG, CY, CZ, FI, MT and SK: The supply of privately-funded hospital, ambulance, and residential health services other than hospital services (CPC 9311, 93192, 93193).
In FI: Supply of other human health services (CPC 93199).
Existing measures:
CZ: Act No. 372/2011 Coll. on Health Care Services and Conditions of Their Provision.
FI: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990).
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment, Senior management and boards of directors, Performance requirements:
In DE: The supply of the Social Security System of Germany, where services may be provided by different companies or entities involving competitive elements which are thus not ‘activities performed in the exercise of governmental authority’. To accord better treatment in the context of a bilateral trade agreement with regard to the supply of health and social services (CPC 93).
With respect to Investment liberalisation – National treatment:
In DE: The ownership of privately funded hospitals run by the German Forces.
The nationalisation of other key privately funded hospitals (CPC 93110).
In FR: To the supply of privately funded laboratory analysis and testing services.
With respect to Cross-border trade in services – National treatment:
In FR: The supply of privately funded laboratory analysis and testing services (part of CPC 9311).
Existing measures:
FR: Code de la Santé Publique.










(b)


Health and social services, including pension insurance
With respect to Cross-border trade in services – National treatment, Local presence:
In EU, with the exception of HU: The cross-border supply of health services, social services and activities or services forming part of a public retirement plan or statutory system of social security. This reservation does not relate to the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931 other than 9312, part of 93191).
In HU: The cross-border supply of all hospital, ambulance, and residential health services, other than hospital services, which receive public funding (CPC 9311, 93192, 93193).










(c)


Social services, including pension insurance
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements:
In EU: The supply of all social services which receive public funding or State support in any form and activities or services forming part of a public retirement plan or statutory system of social security.
In BE, CY, DE, DK, EL, ES, FR, IE, IT and PT: The supply of privately funded social services other than services relating to convalescent and rest houses and old people's homes.
In CZ, FI, HU, MT, PL, RO, SK, and SI: The supply of privately funded social services.
In DE: The Social Security System of Germany, where services are provided by different companies or entities involving competitive elements and might therefore not fall under the definition of ‘activities performed in the exercise of governmental authority’.
Existing measures:
FI: Laki yksityisistä sosiaalipalveluista (Private Social Services Act) (922/2011).
IE: Health Act 2004 (S. 39); and Health Act 1970 (as amended –S.61A).
IT: Law 833/1978 Institution of the public health system; Legislative Decree 502/1992 Organisation and discipline of the health field; and Law 328/2000 Reform of social services.




Reservation No. 17 – Tourism and travel related services






Sector:


Tourist guides services, health and social services




Industry classification:


CPC 7472




Type of reservation:


National treatment
Most-favoured-nation treatment




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In FR: To require nationality of a Member State for the supply of tourist guide services.
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade in services – Most-favoured-nation treatment:
In LT: In so far as Chile allows nationals of LT to provide tourist guide services, LT will allow nationals of Chile to provide tourist guide services under the same conditions.
Reservation No. 18 – Recreational, cultural and sporting services






Sector:


Recreational, cultural and sporting services




Industry classification:


CPC 962, 963, 9619, 964




Type of reservation:


National treatment
Senior management and board of directors
Performance requirements
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Libraries, archives, museums and other cultural services (CPC 963)
With respect to Investment liberalisation – National treatment, Performance requirements, Senior management and boards of director, and Cross-border trade in services – National treatment, Local presence:
In EU, with the exception of AT and, for investment liberalisation, in LT: The supply of library, archive, museum and other cultural services.
In AT and LT: A licence or concession may be required for establishment.










(b)


Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other than 96492)
With respect to Cross-border trade in services – National treatment:
In EU, with the exception of AT and SE: The cross-border supply of entertainment services, including theatre, live bands, circus and discotheque services.
With respect to Investment liberalisation – National treatment, Performance requirements, Senior management and boards of director, and Cross-border trade in services – National treatment, Local presence:
In CY, CZ, FI, MT, PL, RO, SI and SK: With respect to the supply of entertainment services, including theatre, live bands, circus and discotheque services.
In BG: The supply of the following entertainment services: circus, amusement park and similar attraction services, ballroom, discotheque and dance instructor services, and other entertainment services.
In EE: The supply of other entertainment services except for cinema theatre services.
In LT and LV: The supply of all entertainment services other than cinema theatre operation services.
In CY, CZ, LV, PL, RO and SK: The cross-border supply of sporting and other recreational services.










(c)


News and press agencies (CPC 962)
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment:
In FR: Foreign participation in existing companies publishing publications in the French language may not exceed 20 % of the capital or of voting rights in the company. The establishment of press agencies of Chile is subject to conditions set out in domestic regulation. The establishment of press agencies by foreign investors is subject to reciprocity.
Existing measures:
FR: Ordonnance no 45-2646 du 2 novembre 1945 portant règlementation provisoire des agences de presse; and Loi no 86-897 du 1 août 1986 portant réforme du régime juridique de la presse.










(d)


Gambling and betting services (CPC 96492)
With respect to Investment liberalisation – National treatment, Performance requirements, Senior management and boards of director, and Cross-border trade in services – National treatment, Local presence:
In EU: The supply of gambling activities, which involve wagering a stake with pecuniary value in games of chance, including in particular lotteries, scratch cards, gambling services offered in casinos, gambling arcades or licensed premises, betting services, bingo services and gambling services operated by and for the benefit of charities or non-profit-making organisations.




Reservation No. 19 – Transport services and auxiliary transport services






Sector:


Transport services




Type of reservation:


National treatment
Most-favoured-nation treatment
Senior management and board of directors
Performance requirements
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Maritime transport – any other commercial activity undertaken from a ship
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – National treatment:
In EU: The nationality of the crew on a seagoing or non-seagoing vessel.
With respect to Investment liberalisation –National treatment, Most-favoured-nation treatment, Senior management and boards of directors:
In EU, except LV and MT: Only EU natural or juridical persons may register a vessel and operate a fleet under the national flag of the state of establishment (applies to all commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing; international passenger and freight transportation (CPC 721); and services auxiliary to maritime transport).
In EU: For feeder services, and for repositioning owned or leased containers on a non-revenue basis by European Union shipping companies, for the part of these services which does not fall under the exclusion of national maritime cabotage.
With respect to Cross-border trade in services – National treatment, Local presence:
In SK: Foreign investors must have their principal office in SK in order to apply for a licence enabling them to provide a service (CPC 722).










(b)


Auxiliary services to maritime transport
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment, Local presence:
In EU: The supply of pilotage and berthing services. For greater certainty, regardless of the criteria which may apply to the registration of ships in a Member State, the European Union reserves the right to require that only ships registered on the national registers of Member States may provide pilotage and berthing services (CPC 7452).
In EU, with the exception of LT and LV: Only vessels carrying the flag of a Member State may provide pushing and towing services (CPC 7214).
With respect to Cross-border trade in services –National treatment, Local presence:
In LT: Only juridical persons of LT or juridical persons of a Member State with branches in LT that have a certificate issued by the Lithuanian Maritime Safety Administration may provide pilotage and berthing, pushing and towing services (CPC 7214, 7452).
With respect to Cross-border trade in services – National treatment, Local presence:
In BE: Cargo handling services can only be operated by accredited workers, eligible to work in port areas designated by royal decree (CPC 741).
Existing measures:
BE: Loi du 8 juin 1972 organisant le travail portuaire; Arrêté royal du 12 janvier 1973 instituant une Commission paritaire des ports et fixant sa dénomination et sa compétence; Arrêté royal du 4 septembre 1985 portant agrément d'une organisation d'employeur (Anvers); Arrêté royal du 29 janvier 1986 portant agrément d'une organisation d'employeur (Gand); Arrêté royal du 10 juillet 1986 portant agrément d'une organisation d'employeur (Zeebrugge); Arrêté royal du 1er mars 1989 portant agrément d'une organisation d'employeur (Ostende); and Arrêté royal du 5 juillet 2004 relatif à la reconnaissance des ouvriers portuaires dans les zones portuaires tombant dans le champ d'application de la loi du 8 juin 1972 organisant le travail portuaire, tel que modifié.










(c)


Inland waterways transport and auxiliary services to inland waterways transport
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – National treatment, Local presence, Most-favoured-nation treatment:
In EU: Inland waterways passenger and freight transportation (CPC 722); and services auxiliary to inland waterways transportation.










(d)


Rail transport and auxiliary services to rail transport
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment, Local presence:
In EU: Railway passenger transportation (CPC 7111).
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade in services – Most-favoured-nation treatment, Local presence:
In EU: Railway freight transportation (CPC 7112). Subject to conditions of reciprocity.
In LT: Maintenance and repair services of rail transport equipment are subject to a state monopoly (CPC 86764, 86769, part of 8868).
Existing measures:
EU: Directive 2012/34/EU of the European Parliament and of the Council (3).










(e)


Road transport (passenger transportation, freight transportation, international truck transport services) and services auxiliary to road transport
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment:
In EU:






(i)


to require establishment and to limit the cross-border supply of road transport services (CPC 712); and










(ii)


to limit the supply of cabotage within a Member State by foreign investors established in another Member State (CPC 712).




With respect to Investment liberalisation – National treatment and Cross-border trade in services – Local presence
In BG: For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of a Member State and to juridical persons of the European Union having their headquarters in the European Union. Incorporation is required (CPC 712).
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In FI: Authorisation is required to provide road transport services, which is not extended to foreign registered vehicles (CPC 712).
With respect to Investment liberalisation – National treatment:
In FR: The supply of intercity bussing services (CPC 712).
With respect to Cross-border trade in services – Local presence:
In BG: To require establishment for supporting services to road transport (CPC 744).
Existing measures:
EU: Regulation (EC) No 1071/2009 of the European Parliament and of the Council (4); Regulation (EC) No 1072/2009 of the European Parliament and of the Council (5); and Regulation (EC) No 1073/2009 of the European Parliament and of the Council (6).
FI: Laki kaupallisista tavarankuljetuksista tiellä (Act on Commercial Road Transport) 693/2006; Laki liikenteen palveluista (Act on Transport Services) 320/2017; and Ajoneuvolaki (Vehicles Act) 1090/2002.










(f)


Space transport and rental of space craft
With respect to Investment liberalisation – National treatment, Performance requirements, Senior management and boards of directors and Cross-border trade in services – National treatment, Local presence:
In EU: The supply of space transport services and the supply of rental of space craft services (CPC 733, part of 734).










(g)


Most-favoured-nation exemptions
With respect to Investment liberalisation – Most-favoured-nation treatment, and Cross-border trade in services – Most-favoured-nation treatment:






—


Transport (cabotage) other than maritime transport
In FI: According differential treatment to a country pursuant to existing or future bilateral agreements exempting vessels registered under the foreign flag of a specified other country or foreign registered vehicles from the general prohibition from providing cabotage transport (including combined transport, road and rail) in FI on the basis of reciprocity (part of CPC 711, part of 712, part of 722).










—


Supporting services for maritime transport
In BG: In so far as Chile allows service suppliers from BG to supply cargo-handling services and storage and warehouse services in sea and river harbours, including services relating to containers and goods in containers, BG will allow service suppliers from Chile to supply cargo-handling services and storage and warehouse services in sea and river harbours, including services relating to containers and goods in containers under the same conditions (part of CPC 741, part of 742).










—


Rental or leasing of vessels
In DE: Chartering-in of foreign ships by consumers resident in DE may be subject to a condition of reciprocity (CPC 7213, 7223, 83103).










—


Road and rail transport
In EU: To accord differential treatment to a third country pursuant to existing or future bilateral agreements relating to international road haulage (including combined transport – road or rail) and passenger transport, concluded between the European Union or the Member States and a third country (CPC 7111, 7112, 7121, 7122, 7123). That treatment may:






(i)


reserve or limit the supply of the relevant transport services between the contracting parties or across the territory of the contracting parties to vehicles registered in each contracting party (7); or










(ii)


provide for tax exemptions for such vehicles.














—


Road transport
In BG: Measures taken under existing or future agreements, which reserve or restrict the supply of these kinds of transportation services and specify the terms and conditions of this supply, including transit permits or preferential road taxes, in the territory of Bulgaria or across the borders of Bulgaria (CPC 7121, 7122, 7123).
In CZ: Measures that are taken under existing or future agreements, and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of a transport services into, in, across and out of CZ to the contracting parties concerned (CPC 7121, 7122, 7123).
In ES: Authorisation for the establishment of a commercial presence in ES may be refused for service suppliers whose country of origin does not accord effective market access to service suppliers of ES (CPC 7123).
Existing measures:
Ley 16/1987, de 30 de julio, de Ordenación de los Transportes Terrestres.
In HR: Measures applied under existing or future agreements on international road transport and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of transport services into, in, across and out of Croatia to the parties concerned (CPC 7121, 7122, 7123).
In LT: Measures that are taken under bilateral agreements and which set the provisions for transport services and specify operating conditions, including bilateral transit and other transport permits for transport services into, through and out of the territory of Lithuania to the contracting parties concerned, and road taxes and levies (CPC 7121, 7122, 7123).
In SK: Measures that are taken under existing or future agreements, and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of a transport services into, in, across and out of Slovakia to the contracting parties concerned (CPC 7121, 7122, 7123).










—


Rail transport
In BG, CZ and SK: For existing or future agreements, and which regulate traffic rights and operating conditions, and the supply of transport services in the territory of Bulgaria, Czech Republic and Slovakia and between the countries concerned (CPC 7111, 7112).










—


Air transport – Services auxiliary to air transport
In EU: According differential treatment to a third country pursuant to existing or future bilateral agreements relating to ground-handling services.










—


Road and rail transport
In EE: When according differential treatment to a country pursuant to existing or future bilateral agreements on international road transport (including combined transport-road or rail), reserving or limiting the supply of a transport services into, in, across and out of Estonia to the contracting parties to vehicles registered in each contracting party, and providing for tax exemption for such vehicles (part of CPC 711, part of 712, part of 721).










—


All passenger and freight transport services other than maritime and air transport
In PL: In so far as Chile allows the supply of transport services into and across the territory of Chile by passenger and freight transport suppliers of Poland, Poland will allow the supply of transport services by passenger and freight transport suppliers of Chile into and across the territory of Poland under the same conditions.








Reservation No. 20 – Agriculture, fishing and water






Sector:


Agriculture, hunting, forestry; fishing, aquaculture, services incidental to fishing; collection, purification and distribution of water




Industry classification:


ISIC Rev. 3.1 011, 012, 013, 014, 015, CPC 8811, 8812, 8813 other than advisory and consultancy services; 0501, 0502, CPC 882




Type of reservation:


National treatment
Most-favoured-nation treatment
Senior management and board of directors
Performance requirements
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Agriculture, hunting and forestry
With respect to Investment liberalisation – National treatment:
In HR: Agricultural and hunting activities.
In HU: Agricultural activities (ISIC Rev. 3.1 011, 012, 013, 014, 015, CPC 8811, 8812, 8813 other than advisory and consultancy services).
Existing measures:
HR: Agricultural Land Act (OG 20/18, 115/18, 98/19).










(b)


Fishing, aquaculture and services incidental to fishing (ISIC Rev. 3.1 0501, 0502, CPC 882)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements, Most-favoured-nation treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment, Local presence:
In EU:






1.


In particular within the framework of the Common Fisheries Policy, and of fishing agreements with a third country, access to and use of the biological resources and fishing grounds situated in maritime waters coming under the sovereignty or the jurisdiction of Member States, or entitlements for fishing under a Member State fishing licence, including:






(a)


regulating the landing of catches by vessels flying the flag of Chile or a third country with respect to the quotas allocated to them or, only with respect to vessels flying the flag of a Member State, requiring that a proportion of the total catch is landed in European Union ports;










(b)


determining a minimum size for a company in order to preserve both artisanal and coastal fishing vessels;










(c)


according differential treatment pursuant to existing or future bilateral agreements relating to fisheries; and










(d)


requiring the crew of a vessel flying the flag of a Member State to be nationals of Member States.














2.


A fishing vessel shall only be entitled to fly the flag of a Member State if:






(a)


it is wholly owned by:






(i)


companies incorporated in the European Union; or










(ii)


nationals of Member States;














(b)


its day-to-day operations are directed and controlled from within the European Union; and










(c)


any charterer, manager or operator of the vessel is a company incorporated in the European Union or a national of a Member State.














3.


A commercial fishing licence granting the right to fish in the territorial waters of a Member State may only be granted to vessels flying the flag of a Member State.










4.


The establishment of marine or inland aquaculture facilities.










5.


Subparagraphs (a), (b), (c) (other than with respect to most-favoured-nation treatment) and (d) of paragraph 1, subparagraphs (a)(i), (b) and (c) of paragraph 2, and paragraph 3 only apply to measures which are applicable to vessels or to enterprises irrespective of the nationality of their beneficial owners.




The nationality of the crew of a fishing vessel flying the flag of a Member State.
The establishment of marine or inland aquaculture facilities.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment:
In BG: The taking of marine and river-living resources, performed by vessels in the internal marine waters, and the territorial sea of BG, shall be performed by vessels flying the flag of BG. A foreign ship may not engage in commercial fishing in the exclusive economic zone save on the basis of an agreement between BG and the flag State. While passing through the exclusive economic zone, foreign fishing ships may not maintain their fishing gear in operational mode.










(c)


Collection, purification and distribution of water
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In EU: For activities, including services relating to the collection, purification and distribution of water to household, industrial, commercial or other users, including the supply of drinking water, and water management.




Reservation No. 21 – Mining and Energy related activities






Sector:


Mining and quarrying – energy producing materials; mining and quarrying – metal ores and other mining; Energy related activities – production, transmission and distribution on own account of electricity, gas, steam and hot water; pipeline transportation of fuels; storage and warehouse of fuels transported through pipelines; and services incidental to energy distribution




Industry classification:


ISIC Rev. 3.1 10, 1110, 12, 120, 1200, 13, 14, 232, 233, 2330, 40, 401, 4010, 402, 4020, part of 4030, CPC 613, 62271, 63297, 7131, 71310, 742, 7422, part of 88, 887.




Type of reservation:


National treatment
Senior management and board of directors
Performance requirements
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Mining and Energy related activities – general (ISIC Rev. 3.1 10, 1110, 13, 14, 232, 40, 401, 402, part of 403, 41; CPC 613, 62271, 63297, 7131, 742, 7422, 887 (other than advisory and consulting services))
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – National treatment, Local presence:
In EU: Where a Member State permits foreign ownership of a gas or electricity transmission system, or an oil and gas pipeline transport system, with respect to enterprises of Chile controlled by natural or juridical persons of a third country which accounts for more than 5 % of the European Union's oil, natural gas or electricity imports, in order to guarantee the security of the energy supply of the European Union as a whole, or of an individual Member State. This reservation does not apply to advisory and consultancy services provided as services incidental to energy distribution.
This reservation does not apply to HR, HU and LT (for LT, only CPC 7131) with regard to the pipeline transport of fuels, nor to LV with regard to services incidental to energy distribution, nor to SI with regard to services incidental to the distribution of gas (ISIC Rev. 3.1 401, 402, CPC 7131, 887 other than advisory and consultancy services).
In CY: For the manufacture of refined petroleum products in so far as the investor is controlled by a natural or juridical person of a third country which accounts for more than 5 % of the European Union's oil or natural gas imports, as well as to the manufacture of gas, distribution of gaseous fuels through mains on own account, the production, transmission and distribution of electricity, the pipeline transportation of fuels, services incidental to electricity and natural gas distribution other than advisory and consulting services, wholesale services of electricity, retailing services of motor fuel, electricity and non-bottled gas. Nationality and residency conditions applies for electricity related services. (ISIC Rev. 3.1 232, 4010, 4020, CPC 613, 62271, 63297, 7131, and 887 other than advisory and consulting services).
In FI: The transmission and distribution networks and systems of energy and of steam and hot water.
In FI: The quantitative restrictions in the form of monopolies or exclusive rights for the importation of natural gas, and for the production and distribution of steam and hot water. Currently, natural monopolies and exclusive rights exist (ISIC Rev. 3.1 40, CPC 7131, 887 other than advisory and consultancy services).
In FR: The electricity and gas transmission systems and oil and gas pipeline transport (CPC 7131).
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment, Local presence:
In BE: The energy distribution services, and services incidental to energy distribution (CPC 887 other than consultancy services).
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In BE: For energy transmission services, regarding the types of legal entities and to the treatment of public or private operators to whom BE has conferred exclusive rights. Establishment is required within the European Union (ISIC Rev. 3.1 4010, CPC 71310).
In BG: For services incidental to energy distribution (part of CPC 88).
In PT: For the production, transmission and distribution of electricity, the manufacturing of gas, the pipeline transportation of fuels, wholesale services of electricity, retailing services of electricity and non-bottled gas, and services incidental to electricity and natural gas distribution. Concessions for electricity and gas sectors are assigned only to limited companies with their headquarters and effective management in PT (ISIC Rev. 3.1 232, 4010, 4020, CPC 7131, 7422, 887 other than advisory and consulting services).
In SK: An authorisation is required for the production, transmission and distribution of electricity, manufacture of gas and distribution of gaseous fuels, production and distribution of steam and hot water, pipeline transportation of fuels, wholesale and retail of electricity, steam and hot water, and services incidental to energy distribution, including services in the area of energy efficiency, energy savings and energy audit. For all those activities, an authorisation may only be granted to a natural person with permanent residency in the EEA or a juridical person of the EEA.
With respect to Investment liberalisation – National treatment, Local presence:
In BE: With the exception of the mining of metal ores and other mining and quarrying, enterprises controlled by natural or juridical persons of a third country which accounts for more than 5 % of the European Union's oil or natural gas or electricity imports may be prohibited from obtaining control of the activity. Incorporation is required (no branching) (ISIC Rev. 3.1 10, 1110, 13, 14, 232, part of 4010, part of 4020, part of 4030).
Existing measures:
EU: Directive (EU) 2019/944 of the European Parliament and of the Council (8); and Directive 2009/73/EC of the European Parliament and of the Council (9).
BG: Energy Act.
CY: The Regulation of the Electricity Market Law of 2003 Law, as amended or replaced; the Regulating of the Gas Market Laws of 2004, as amended or replaced; the Petroleum (Pipelines) Law, Chapter 273; the Petroleum Law L.64(I)/1975, as amended or replaced; and the Petroleum and Fuel Specifications Laws of 2003, as amended or replaced.
FI: Sähkömarkkinalaki (Electricity Market Act) (386/1995); and Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017).
FR: Code de l'énergie.
PT: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October 2012 – Natural Gas; Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October 2012 – Electricity; and Decree-Law 31/2006, 15 February 2006 – Crude oil/Petroleum products.
SK: Act 51/1988 on Mining, Explosives and State Mining Administration; Act 569/2007 on Geological Works; Act 251/2012 on Energy; and Act 657/2004 on Thermal Energy.










(b)


Electricity (ISIC Rev. 3.1 40, 401; CPC 62271, 887 (other than advisory and consulting services))
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – National treatment:
In FI: The importation of electricity. With respect to cross-border trade, the wholesale and retail of electricity.
In FR: Only companies where 100 % of the capital is held by the French State, by another public sector organisation or by Electricité de France (EDF), may own and operate electricity transmission or distribution systems.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In BG: For the production of electricity and the production of heat.
In LT: Wholesale and retail services and trading of electricity that originates from non-safe nuclear sources.
In PT: The activities of electricity transmission and distribution are carried out through exclusive concessions of public service.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – Local presence:
In BE: An individual authorisation for the production of electricity of a capacity of 25 MW or above requires establishment in the European Union, or in another State which has a regime similar to that provided for by Directive (EU) 2019/944 in place, and where the company has an effective and continuous link with the economy.
The production of electricity within the offshore territory of BE is subject to concession and a joint venture obligation with a juridical person of the European Union, or with a juridical person of a country having a regime similar to that provided for by Directive (EU) 2019/944, particularly with regard to conditions relating to the authorisation and selection.
Additionally, the juridical person should have its central administration or its head office in a Member State or a country meeting the above criteria, where it has an effective and continuous link with the economy.
The construction of electrical power lines which link offshore production to the transmission network of Elia requires authorisation and the company must meet the previously specified conditions, except for the joint venture requirement.
With respect to Cross-border trade in services – National treatment, Local presence:
In BE: An authorisation is necessary for the supply of electricity by an intermediary having customers established in BE who are connected to the national grid system or to a direct line whose nominal voltage is higher than 70 000 volts. That authorisation may only be granted to a natural or juridical person of the EEA.
Existing measures:
BE: Arrêté Royal du 11 octobre 2000 fixant les critères et la procédure d'octroi des autorisations individuelles préalables à la construction de lignes directes; Arrêté Royal du 20 décembre 2000 relatif aux conditions et à la procédure d'octroi des concessions domaniales pour la construction et l'exploitation d'installations de production d'électricité à partir de l'eau, des courants ou des vents, dans les espaces marins sur lesquels la Belgique peut exercer sa juridiction conformément au droit international de la mer; and Arrêté Royal du 12 mars 2002 relatif aux modalités de pose de câbles d'énergie électrique qui pénètrent dans la mer territoriale ou dans le territoire national ou qui sont installés ou utilisés dans le cadre de l'exploration du plateau continental, de l'exploitation des ressources minérales et autres ressources non vivantes ou de l'exploitation d'îles artificielles, d'installations ou d'ouvrages relevant de la juridiction belge; Arrêté royal relatif aux autorisations de fourniture d'électricité par des intermédiaires et aux règles de conduite applicables à ceux-ci; and Arrêté royal du 12 juin 2001 relatif aux conditions générales de fourniture de gaz naturel et aux conditions d'octroi des autorisations de fourniture de gaz naturel.
FI: Sähkömarkkinalaki (Electricity Market Act) (588/2013); and Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017)
LT: Law on Necessary measures to protect against non-safe nuclear electrical threats from third countries of 20 April 2017 No XIII-306 (last amendment 19 December 2019, No XIII-2705).
PT: Decree-Law 215-A/2012; and Decree-Law 215-B/2012, 8 October 2012 – Electricity.










(c)


Fuels, gas, crude oil or petroleum products (ISIC Rev. 3.1 232, 40, 402; CPC 613, 62271, 63297, 7131, 71310, 742, 7422, part of 88, 887 (other than advisory and consulting services))
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – National treatment:
In FI: To prevent control or ownership of a liquefied natural gas (LNG) terminal (including those parts of the LNG terminal used for storage or re-gasification of LNG) by foreign natural or juridical persons for energy security reasons.
In FR: Only companies where 100 % of the capital is held by the French State, by another public sector organisation or by ENGIE, may own and operate gas transmission or distribution systems for reasons of national energy security.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – Local presence:
In BE: For bulk storage services of gas, regarding the types of legal entities and the treatment of public or private operators to whom BE has conferred exclusive rights. Establishment is required within the European Union for bulk storage services of gas (part of CPC 742).
In BG: For pipeline transportation, storage and warehousing of petroleum and natural gas, including transit transmission (CPC 71310, part of 742).
In PT: For the cross-border supply of storage and warehousing services of fuels transported through pipelines (natural gas). Also, concessions relating to the transmission, distribution and underground storage of natural gas and the reception, storage and regasification terminal of LNG are awarded through contracts concession, following public calls for tenders (CPC 7131, 7422).
With respect to Cross-border trade in services – Local presence:
In BE: The pipeline transport of natural gas and other fuels is subject to an authorisation requirement. An authorisation may only be granted to a natural or juridical person established in a Member State (in accordance with Article 3 of the AR of 14 May 2002).
Where the authorisation is requested by a company:






(i)


the company must be established in accordance with Belgian law, or the law of another Member State, or the law of a third country, which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 2009/73/EC of the European Parliament and of the Council (10); and










(ii)


the company must hold its administrative seat, its principal establishment or its head office within a Member State, or a third country, which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 2009/73/EC, provided that the activity of this establishment or head office represents an effective and continuous link with the economy of the country concerned (CPC 7131).




In BE: In general the supply of natural gas to customers (customers being both distribution companies and consumers whose overall combined consumption of gas arising from all points of supply attains a minimum level of one million cubic metres per year) established in BE is subject to an individual authorisation provided by the minister, except where the supplier is a distribution company using its own distribution network. Such an authorisation may only be granted to natural or juridical persons of the European Union.
With respect to Cross-border trade in services – Local presence:
In CY: For the cross-border supply of storage and warehousing services of fuels transported through pipelines, and the retail sales of fuel oil and bottled gas other than by mail order (CPC 613, 62271, 63297, 7131, 742).
Existing measures:
BE: Arrêté Royal du 14 mai 2002 relatif à l'autorisation de transport de produits gazeux et autres par canalisations; and Loi du 12 avril 1965 relative au transport de produits gazeux et autres par canalisations, Article 8.2).
BG: Energy Act.
CY: The Regulation of the Electricity Market Law of 2003, Law 122(I)/2003 as amended; the Regulating of the Gas Market Laws of 2004, Law 183(I)/2004 as amended; the Petroleum (Pipelines) Law, Chapter 273; the Petroleum Law Chapter 272 as amended; and the Petroleum and Fuel Specifications Laws of 2003, Law 148(I)/2003 as amended.
FI: Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017).
FR: Code de l'énergie.
HU: Act XVI of 1991 about Concessions.
LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973.
PT: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October 2012 – Natural Gas; Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October 2012 – Electricity; and Decree-Law 31/2006, 15 February 2006 – Crude oil/Petroleum products.










(d)


Nuclear (ISIC Rev. 3.1 12, 23, 120, 1200, 233, 2330, 40, part of 4010, CPC 887)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment:
In DE: For the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In AT and FI: For the production, processing distribution or transportation of nuclear material and generation or distribution of nuclear-based energy.
In BE: For the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy.
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements:
In HU and SE: For the processing of nuclear fuel and nuclear-based electricity generation.
With respect to Investment liberalisation – National treatment, Senior management and boards of directors:
In BG: For the processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade thereof, to the maintenance and repair of equipment and systems in nuclear energy production facilities, to the transportation of those materials and the refuse and waste matter of their processing, to the use of ionising radiation, and on all other services relating to the use of nuclear energy for peaceful purposes (including engineering and consulting services and services relating to software etc.).
With respect to Investment liberalisation – National treatment:
In FR: The manufacturing, production, processing, generation, distribution or transportation of nuclear material must respect the obligations of a Euratom Agreement.
Existing measures:
AT: Bundesverfassungsgesetz für ein atomfreies Österreich (Constitutional Act for a Non-nuclear Austria) BGBl. I Nr. 149/1999.
BG: Safe Use of Nuclear Energy Act.
FI: Ydinenergialaki (Nuclear Energy Act) (990/1987).
HU: Act CXVI of 1996 on Nuclear Energy; and Government Decree Nr. 72/2000 on Nuclear Energy.
SE: The Swedish Environmental Code (1998:808); and Law on Nuclear Technology Activities (1984:3).




Reservation No. 22 – Other services not included elsewhere






Sector:


Other services not included elsewhere




Industry classification:


CPC 9703, part of 612, part of 621, part of 625, part of 85990




Type of reservation:


National treatment
Senior management and board of directors
Performance requirements
Local presence




Chapter:


Investment liberalisation and Cross-border trade in services




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:






(a)


Funeral, cremation services and undertaking services (CPC 9703)
With respect to Investment liberalisation – National treatment:
In FI: Cremation services and operation/maintenance of cemeteries and graveyards can only be performed by the state, municipalities, parishes, religious communities or non-profit foundations or societies.
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment, Local presence:
In DE: Only juridical persons established under public law may operate a cemetery. The creation and operation of cemeteries and services related to funerals.
In PT: Commercial presence is required to provide funeral and undertaking services. EEA nationality is required in order to become a technical manager for entities providing funeral and undertaking services.
In SE: Church of Sweden or local authority monopoly on cremation and funeral services.
In CY, SI: Funeral, cremation and undertaking services.
Existing measures:
FI: Hautaustoimilaki (Act on Burial Service) (457/2003).
PT: Decree-Law 10/2015, of 16 January alterado p/ Lei 15/2018, 27 março.
SE: Begravningslag (1990:1144) (Act of Burials); and Begravningsförordningen (1990:1147) (Ordinance of Burials).










(b)


New services
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – National treatment, Local presence:
In EU: For the provision of new services other than those classified in the CPC.






(1)  
            OJ EC L 1, 3.1.1994, p. 3.

(2)  Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (OJ EU L 131, 28.5.2009, p. 11).

(3)  Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ EU L 343 14.12.2012, p. 32).

(4)  Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ EU L 300, 14.11.2009, p. 51).

(5)  Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ EU L 300, 14.11.2009, p. 72).

(6)  Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ EU L 300 14.11.2009, p. 88).

(7)  With regard to Austria the part of the most-favoured-nation treatment exemption regarding traffic rights covers all countries with which bilateral agreements on road transport or other arrangements relating to road transport exist or may be considered in future.

(8)  Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ EU L 158, 14.6.2019, p. 125).

(9)  Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ EU L 211, 14.8.2009, p. 94).

(10)  Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ EU L 211, 14.8.2009, p. 94).




Appendix 17-B-2
SCHEDULE OF CHILE






Sector:


All




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment)
Most-favoured-nation treatment (Investment)




Description:


Investment
Chile reserves the right to adopt or maintain any measure relating to the ownership or control of land within five kilometres of the coastline that is used for agricultural activities. Such measure could include a requirement that the majority of each class of stock of a Chilean juridical person that seeks to own or control such land be held by Chilean persons or by persons residing in Chile for 183 days or more per year.




Existing Measures:


Decree Law 1.939, Official Gazette, 10 November 1977, Rules for acquisition, administration and disposal of State-owned assets, Title I (Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977, Normas sobre adquisición, administración y disposición de bienes del Estado, Título I)




Sector:


All




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment)
Senior management and boards of directors (Investment)




Description:


Investment
In the transfer or disposal of any interest in stock or asset held in an existing state enterprise or governmental entity, Chile reserves the right to prohibit or impose limitations on the ownership of that interest or asset and on the right of foreign investors or their investments to control any State company created thereby or investments made by the same. In connection with any such transfer or disposal, Chile may adopt or maintain any measure related to the nationality of senior management and members of the board of directors.
A ‘State company’
                   (1) means any company owned or controlled by Chile by means of an interest share in the ownership thereof, and includes any company created after the date of entry into force of this Agreement for the sole purpose of selling or disposing of its interest share in the capital or assets of an existing state company or governmental entity.




Sector:


All




Sub-Sector:


 




Obligations Concerned:


Most-favoured-nation treatment (Investment and CBTS)




Description:


Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force on, or signed prior to, the date of entry into force of this Agreement.
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force on, or signed after, the date of entry into force of this Agreement involving:






(a)


aviation;










(b)


fisheries; or










(c)


maritime matters, including salvage.








Existing Measures:


 




Sector:


Communications




Sub-Sector:


Satellite broadcasting of digital telecommunication services




Obligations Concerned:


Local presence (CBTS)




Description:


Cross-border trade in services
Chile reserves the right to adopt or maintain any measure related to cross-border trade in one-way satellite broadcasting of digital telecommunication services.




Existing Measures:


Law 18.168, Official Gazette, 2 October 1982, General Telecommunications Law, Titles I, II, III, V and VI (Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Títulos I, II, III, V y VI)




Sector:


Communications




Sub-Sector:


Satellite broadcasting of digital telecommunication services




Obligations Concerned:


National treatment (Investment)
Most-favoured-nation treatment (Investment)
Performance requirements (Investment)
Senior management and boards of directors (Investment)




Description:


Investment
Chile reserves the right to adopt or maintain any measure related to the investors of the other Party or to their investments in one-way satellite broadcasting of digital telecommunication services.




Existing Measures:


Law 18.168, Official Gazette, 2 October 1982, General Telecommunications Law, Titles I, II, III, V and VI (Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Títulos I, II, III, V y VI)




Sector:


Issues involving minorities




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Performance requirements (Investment)
Senior management and boards of directors (Investment)
Local presence (CBTS)




Description:


Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities.




Existing Measures:


 




Sector:


Issues involving indigenous peoples




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Performance requirements (Investment)
Senior management and boards of directors (Investment)
Local presence (CBTS)




Description:


Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure according rights or preferences to indigenous peoples.




Existing Measures:


 




Sector:


Education




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Performance requirements (Investment)
Senior management and boards of directors (Investment)
Local presence (CBTS)




Description:


Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure relating to:






(a)


investors and an investment of an investor of the other Party in education; and










(b)


natural persons who supply educational services in Chile.




Subparagraph (b) includes teachers and auxiliary personnel supplying educational services in pre-school, kindergarten, special education, elementary, secondary or higher education, professional, technical or university education, and all other persons that supply services related to education, including sponsors of educational institutions of any kind, schools, lyceums, academies, training centres, professional and technical institutes or universities.
This reservation does not apply to investors and an investment of an investor of the other Party in kindergarten, pre-school, elementary or secondary private education institutions, that do not receive public resources, or to the supply of services related to second-language training, corporate, business, and industrial training and skills upgrading, which include consulting services relating to technical support, advice, curriculum, and programme development in education.




Existing Measures:


 




Sector:


Government finances




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment)




Description:


Investment
Chile reserves the right to adopt or maintain any measure related to the acquisition, sale or disposal by the other Party's nationals of bonds, treasury securities or any other type of debt instruments issued by the Central Bank of Chile (Banco Central de Chile) or the Government of Chile. This entry is not intended to affect the rights of the other Party's financial institutions (banks) established in Chile to acquire, sell or dispose of such instruments when required for the purposes of regulatory capital.




Existing Measures:


 




Sector:


Fisheries




Sub-Sector:


Fishing-related activities




Obligations Concerned:


National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)




Description:


Investment and Cross-border trade in services
Chile reserves the right to control the activities of foreign fishing, including fish landing, first landing of fish processed at sea and access to Chilean ports (port privileges).
Chile reserves the right to control the use of beaches, land adjacent to beaches (terrenos de playas), water-columns (porciones de agua) and sea-bed lots (fondos marinos) for the issuance of maritime concessions. For greater certainty, ‘maritime concessions’ do not cover aquaculture.




Existing Measures:


Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law, Titles I, II, III, IV and V (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación Títulos I, II, III, IV y V)
D.F.L. 340, Official Gazette, 6 April 1960, about Maritime Concessions (D.F.L. 340, Diario Oficial, abril 6, 1960, sobre Concesiones Marítimas)
Supreme Decree 660, Official Gazette, 28 November 1988, Maritime Concession Act (Decreto Supremo 660, Diario Oficial, noviembre 28, 1988, Reglamento de Concesiones Marítimas)
Supreme Decree 123 of the Ministry of Economic Affairs, Development and Reconstruction, Vice-Ministry of Fishing, Official Gazette, 23 August 2004, On Use of Ports (Decreto Supremo 123 del Ministerio de Economía, Fomento y Reconstrucción, Subsecretaría de Pesca, Diario Oficial, agosto 23, 2004, Sobre Uso de Puertos)




Sector:


Arts industries and cultural industries




Sub-Sector:


 




Obligations Concerned:


Most-favoured-nation treatment (Investment and CBTS)




Description:


Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any existing or future bilateral or multilateral international agreement, with respect to arts and cultural industries, such as audio-visual cooperation agreements.
For greater certainty, government-supported subsidy programmes for the promotion of cultural activities are not subject to the limitations or obligations of this Agreement.
For the purposes of this entry, ‘arts and cultural industries’ includes:






(a)


books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing;










(b)


recordings of movies or videos;










(c)


music recordings in audio or video format;










(d)


printed music scores or scores readable by machines;










(e)


visual arts, artistic photography and new media;










(f)


performing arts, including theatre, dance and circus arts; and










(g)


media services or multimedia.








Existing Measures:


 




Sector:


Entertainment and broadcasting services




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Performance requirements (Investment)




Description:


Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure relating to:






(a)


the organisation and presentation in Chile of concerts and musical performances; or










(b)


radio broadcasts aimed at the public in general, as well as all radio, television and cable television-related activities, satellite programming services and broadcasting networks.




Notwithstanding the above, Chile shall extend to the persons and investors of the other Party, and their investments, treatment no less favourable than that Party accords persons and investors of Chile, and their investments.




Existing Measures:


 




Sector:


Social services




Sub-Sector:


 




Obligations Concerned:


National treatment (Investment and CBTS)
Most-favoured-nation Treatment (Investment and CBTS)
Performance requirements (Investment)
Senior management and boards of directors (Investment)
Local presence (CBTS)




Description:


Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure with respect to the supply of public law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for reasons of public interest: income security or insurance, social security or insurance, social welfare, education, public training, health care and child care.




Existing Measures:


 




Sector:


Environmental services




Sub-Sector:


 




Obligations Concerned:


National treatment (CBTS)
Most-favoured-nation treatment (CBTS)
Local presence (CBTS)




Description:


Cross-border trade in services
Chile reserves the right to adopt or maintain any measure imposing the requirement that the production and distribution of drinking water, the collection and disposal of waste water and sanitation services, such as sewage systems, waste disposal and waste-water treatment, shall only be supplied by juridical persons incorporated under Chilean law or created in accordance with the requirements established by Chilean law.
This entry does not apply to consultancy services retained by such juridical persons.




Existing Measures:


 




Sector:


Construction services




Sub-Sector:


 




Obligations Concerned:


National treatment (CBTS)
Local presence (CBTS)




Description:


Cross-border trade in services
Chile reserves the right to adopt or maintain any measure with respect to the supply of construction services by foreign juridical persons or legal entities.
Such measures may include requirements such as residency, registration or any other form of local presence.




Existing Measures:


 




Sector:


Transportation




Sub-Sector:


International road transportation




Obligations Concerned:


National treatment (Investment and CBTS)
Most-favoured-nation treatment (Investment and CBTS)
Local presence (CBTS)




Description:


Investment and Cross-border trade in services
Chile reserves the right to adopt or maintain any measure relating to the international land transportation of cargo or passengers in border areas.
Additionally, Chile reserves the right to adopt or maintain the following limitations for the supply of international land transportation from Chile:






(a)


the service supplier must be a Chilean natural or juridical person;










(b)


the service supplier must have a real and effective domicile in Chile; and










(c)


in the case of juridical persons, the service supplier must be legally constituted in Chile and more than 50 % of its capital stock must be owned by Chilean nationals and its effective control must be by Chilean nationals.








Existing Measures:


 




Sector:


Transportation services




Sub-Sector:


Road transportation services




Obligations Concerned:


National treatment (CBTS)




Description:


Cross-border trade in services
Chile reserves the right to adopt or maintain any measure that authorises only Chilean natural or juridical persons to supply land transportation of persons or merchandise inside the territory of Chile (cabotage). For this, the enterprises shall use vehicles registered in Chile.






(1)  A list of existing state companies in Chile can be found on the following website: http://www.dipres.gob.cl.






ANNEX 17-C
MARKET ACCESS COMMITMENTS
Headnotes








1.


The schedules of the Parties in Appendices 17-C-1 and 17-C-2 set out the market access commitments which each Party undertakes pursuant to Article 17.8 or 18.7 and the reservations taken by that Party with respect to existing or more restrictive or new measures that do not conform with obligations imposed by such provisions, under Article 17.14 or 18.8.












2.


For the purposes of this Annex, ‘ISIC’ means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 4, ISIC REV 3.1, 2002.












3.


The economic activities in the sectors or subsectors covered by Chapters 17 and 18 and not inscribed in the schedules of the Parties are not covered by the market access commitments referred to in paragraph 1.












4.


The schedule of a Party is without prejudice to the rights and obligations of the Parties under GATS.












5.


Each entry in the schedules sets out the following elements:






(a)


‘sector’ refers to the general sector in which the entry is made;










(b)


‘subsector’ refers to the specific sector or activity in which commitments are undertaken in accordance with, if applicable, the CPC or ISIC; and










(c)


‘limitations on market access’ specifies the applicable limitations, including the possibility to maintain existing measures if so specified, or to adopt new or more restrictive measures if market access is unbound, that do not conform to the obligations set out in Article 17.8 or 18.7.
















6.


A reservation taken at the level of the EU Party applies to a measure of the European Union, to a measure of a Member State at the central level or to a measure of a government within a Member State, unless the reservation excludes a Member State. A commitment or a reservation taken by a Member State applies to a measure of a government at the central, regional or local level within that Member State. For the purposes of the reservations of Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers. For the purposes of the reservations of the EU Party, a regional level of government in Finland means the Åland Islands. A reservation taken at the level of Chile applies to a measure of the central government or a local government.












7.


The schedules of the Parties only contain limitations on market access which are non-discriminatory. Discriminatory measures and requirements are set out in Annexes 17-A and 17-B.












8.


For greater certainty, non-discriminatory measures do not constitute a market access limitation within the meaning of Articles 17.8 or 18.7 for any measure:






(a)


requiring the separation of the ownership of infrastructure from the ownership of the goods or services provided through that infrastructure to ensure fair competition, for example in the fields of energy, transportation and telecommunications;










(b)


restricting the concentration of ownership to ensure fair competition;










(c)


seeking to ensure the conservation and protection of natural resources and the environment, including a limitation on the availability, number and scope of concessions granted, and the imposition of a moratorium or ban;










(d)


limiting the number of authorisations granted because of technical or physical constraints, for example telecommunications spectra and frequencies; or










(e)


requiring that a certain percentage of the shareholders, owners, partners, or directors of an enterprise be qualified or practice a certain profession such as lawyers or accountants.
















9.


The list of reservations below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures where they do not constitute a limitation within the meaning of Article 17.8 or 18.7. Those measures may include, in particular, the need to obtain a licence, to satisfy universal service obligations, to have recognised qualifications in regulated sectors, to pass specific examinations, including language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, to have a local agent for service, or to maintain a local address, or any other non-discriminatory requirements that certain activities may not be carried out in protected zones or areas. Although they are not listed in this Annex, such measures continue to apply.












10.


Treatment granted to juridical persons established by investors of a Party in accordance with the law of the other Party (including, in the case of the EU Party, the law of a Member State) and having their registered office, central administration or principal place of business within that other Party, is without prejudice to any condition or obligation, pursuant to Chapter 17, which may have been imposed on such juridical person when it was established in that other Party, and which shall continue to apply.












11.


The schedules of the Parties apply only to the territories of the Parties in accordance with Article 41.2 and are only relevant in the context of trade relations between the EU Party and Chile. They do not affect the rights and obligations of the Member States under European Union law.












12.


The following abbreviations are used in the schedule of the EU Party:






 


EU European Union, including all its Member States










 


AT Austria










 


BE Belgium










 


BG Bulgaria










 


CY Cyprus










 


CZ Czechia










 


DE Germany










 


DK Denmark










 


EE Estonia










 


EL Greece










 


ES Spain










 


FI Finland










 


FR France










 


HR Croatia










 


HU Hungary










 


IE Ireland










 


IT Italy










 


LT Lithuania










 


LU Luxembourg










 


LV Latvia










 


MT Malta










 


NL Netherlands










 


PL Poland










 


PT Portugal










 


RO Romania










 


SE Sweden










 


SI Slovenia










 


SK Slovakia










 


EEA European Economic Area











Appendix 17-C-1
SCHEDULE OF THE EU PARTY






Sector or Subsector


Limitations on Market Access




III-EU-1 All sectors


 










(a)


Commercial presence






 




 


With respect to Investment:
In the EU: Services considered as public utilities at national or local level may be subject to public monopolies or to exclusive rights granted to private operators.
Public utilities exist in sectors such as related scientific and technical consulting services, research and development (R&D) services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on those services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not practical. This reservation does not apply to telecommunications and to computer and related services.
In HU: Establishment should take a form of limited liability company, joint-stock company or representative office. Initial entry as a branch is not permitted except for financial services.
In IT: Unbound for the acquisition of equity stakes of companies operating in the fields of defence and national security. The acquisition of strategic assets in the fields of transport services, telecommunications and energy may be subject to the approval of the Presidency of the Council of Ministers' Office.
In LT: Unbound for enterprises, sectors, zones, assets and facilities of strategic importance to national security.










(b)


Acquisition of real estate






With respect to Investment:
In the EU, with the exception of HU: None.
In HU: Unbound for the acquisition of State-owned properties.










(c)


Arms, munition and war material






With respect to Investment and Cross-border trade in services:
In the EU: Unbound for the production or distribution of, or trade in, arms, munitions and war material. War material is limited to any product which is solely intended and made for military use in connection with the conduct of war or defence activities.




III-EU-2 – Professional services (all professions except health-related)


 










(a)


Legal services (part of CPC 861), including patent agent services




For greater certainty, consistent with the Headnotes, in particular headnote 9, requirements to register with a Bar may include a requirement to have obtained a law degree in the host country or its equivalent, or to have completed some training under the supervision of a licensed lawyer, or to have an office or a postal address within the jurisdiction of a specific Bar in order to be eligible to apply for membership in that Bar.
Some Member States may impose the requirement of having the right to practise host-jurisdiction law on those natural persons holding certain positions within a law firm, company or enterprise or for shareholders.


With respect to Investment and Cross-border trade in services:
In the EU, with the exception of SE: Unbound for the supply of legal advisory and legal authorisation, documentation, and certification services provided by legal professionals entrusted with public functions, such as notaries, huissiers de justice or other officiers publics et ministériels, and with respect to services provided by bailiffs who are appointed by an official act of government (part of CPC 861, part of 87902).
In SE: None.
In the EU: Specific non-discriminatory legal form requirements apply in each Member State (some examples are listed below for transparency purposes).
In BE: Quotas apply for representation before the Cour de cassation in non-criminal cases.
In FR: Representation before the Cour de Cassation and Conseil d'Etat is subject to quotas. For fully admitted lawyers, company must take one of the following legal form authorised under French law on a non-discriminatory basis: SCP (société civile professionnelle), SEL (société d'exercice libéral), SEP (société en participation), SARL (société à responsabilité limitée), SAS (société par actions simplifiée), SA (société anonyme), SPE (société pluriprofessionnelle d'exercice) and association, under certain conditions.
In a law firm providing services in respect of French or European Union law, shareholding and voting rights may be subject to quantitative restrictions related to the professional activity of the partners.
In SI: Commercial presence for appointed attorneys by the Slovene Bar Association is restricted to sole proprietorship, law firm with limited liability (partnership) or law firm with unlimited liability (partnership) only. The activities of a law firm shall be restricted to the practice of law. Only attorneys may be partners in a law firm.










(b)


Patent agents, industrial property agents, intellectual property attorneys (part of CPC 879, 861, 8613)






With respect to Investment:
In the EU, with the exception of FR: None.
In FR: Provision only through SCP (société civile professionnelle), SEL (société d'exercice libéral) or any other legal form, under certain conditions.










(c)


Accounting and book-keeping services (CPC 8621 other than auditing services, 86213, 86219, 86220)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of FR and HU: None.




 


With respect to Investment:
In FR: Provision through any company form except SNC (Société en nom collectif) and SCS (Société en commandite simple). Specific conditions apply to SEL (sociétés d'exercice libéral), AGC (Association de gestion et comptabilité) and SPE (Société pluri-professionnelle d'exercice) (CPC 86213, 86219, 86220).




 


With respect to Cross-border trade in services:
In HU: Unbound for cross-border activities for accounting and bookkeeping.










(d)


Auditing services (CPC – 86211, 86212 other than accounting services)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of DE, EE, BG, FR, HU, PL and PT: None.
In EE: Non-discriminatory legal form requirements apply.
With respect to Investment:
In BG: Non-discriminatory legal form requirements apply.
In FR: Provision through any company form except those in which partners are considered to be traders (commerçants), such as SNC (Société en nom collectif) and SCS (Société en commandite simple).
In PL: Legal form requirements apply.




 


With respect to Cross-border trade in services:
In DE: Auditing companies (Wirtschaftsprüfungsgesellschaften) may only adopt legal forms admissible within the EEA. General partnerships and limited commercial partnerships may be recognised as Wirtschaftsprüfungsgesellschaften if they are listed as trading partnerships in the commercial register on the basis of their fiduciary activities.
In HU and PT: Unbound for cross-border supply of auditing services.










(e)


Taxation advisory services (CPC 863, not including legal advisory and legal representational services on tax matters, which are to be found under legal services)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of DE, FR and PL: None.
In DE, PL: Legal form requirements apply.




 


With respect to Investment:
In FR: Provision through any company form except SNC (Société en nom collectif) and SCS (Société en commandite simple). Specific conditions apply to SEL (sociétés d'exercice libéral), AGC (Association de gestion et comptabilité) and SPE (Société pluri-professionnelle d'exercice).










(f)


Architecture and urban planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673, 8674)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of FR and HR: None.
With respect to Investment:
In FR: An architect may only establish in FR in order to provide architectural services using one of the following legal forms (on a non-discriminatory basis): SA et SARL (sociétés anonymes, à responsabilité limitée), EURL (Entreprise unipersonnelle à responsabilité limitée), SCP (en commandite par actions), SCOP (Société coopérative et participative), SELARL (société d'exercice libéral à responsabilité limitée), SELAFA (société d'exercice libéral à forme anonyme), SELAS (société d'exercice libéral) or SAS (Société par actions simplifiée), or as individual or as a partner in an architectural firm (CPC 8671).




 


With respect to Cross-border trade in services:
In HR: Unbound for the cross-border supply of urban planning.




III-EU-3 – Professional services – health-related and retail of pharmaceuticals


 










(a)


Medical and dental services; and services provided by midwives, nurses, physiotherapists, psychologists and paramedical personnel (CPC 85201, 9312, 9319)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of AT, BE, BG, CZ, DE, FI and MT: None.
In CZ and MT: Unbound for the supply of all health-related professional services, whether publicly or privately funded, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, psychologists, as well as other related services (CPC 9312, part of 9319).
In FI: Unbound for the supply of all health-related professional services, whether publicly or privately funded, including medical and dental services, services provided by midwives, physiotherapists and paramedical personnel, and services provided by psychologists, excluding services provided by nurses (CPC 9312, 93191).
In BG: Unbound for the supply of all health-related professional services, whether publicly or privately funded, including medical and dental services, services provided by nurses, midwives, physiotherapists and paramedical personnel, and services provided by psychologists (CPC 9312, part of 9319).




 


With respect to Investment:
In AT: Specific non-discriminatory legal form requirements may apply (CPC 9312, part of 9319). Cooperation of physicians for the purpose of ambulatory public healthcare, so-called group practices, can take place only under the legal form of Offene Gesellschaft/OG or Gesellschaft mit beschränkter Haftung/GmbH. Only physicians may act as associates of such a group practice. They must be entitled to independent medical practice, registered with the Austrian Medical Chamber and actively pursue the medical profession in the practice. Other natural or juridical persons may not act as associates of the group practice and may not take a share in its revenues or profits (part of CPC 9312).
In DE: Geographical restrictions may be imposed on professional registration, which apply to nationals and non-nationals alike. Non-discriminatory restrictions on the legal form to provide these services may exist (§ 95 SGB V). For doctors (including psychologists, and psychotherapists) registration can be subject to quantitative restrictions based on the regional distribution of doctors. Registration is necessary only for doctors participating in the public health scheme.




 


With respect to Cross-border trade in services:
In BE: Unbound for the cross-border supply, whether publicly or privately funded, of all health-related professional services, including medical, dental and midwives services and services provided by nurses, physiotherapists, psychologists and paramedical personnel (part of CPC 85201, 9312, part of 93191).










(b)


Veterinary services (CPC 932)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of BE, BG, DE, DK, ES, FR, IE, HU, LV, NL and SK: None.
In DE: Telemedicine may only be provided in the context of a primary treatment involving the prior physical presence of a veterinary.
In DE, DK, ES, LV, NL and SK: The supply of veterinary services is restricted to natural persons.
In IE: The supply of veterinary services is restricted to natural persons or partnerships.
In HU: Authorisation is subject to an economic needs test. Main criteria: labour market conditions in the sector.




 


With respect to Investment:
In FR: The legal forms available to a company providing veterinary services are limited to SEP (société en participation), SCP (société civile professionnelle) and SEL (société d'exercice liberal).




 


With respect to Cross-border trade in services:
In BE, BG and LV: Unbound for cross-border supply of veterinary services.










(c)


Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by pharmacists (CPC 63211)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of BG, LT: The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy. The mail order of pharmaceuticals is prohibited, with the exception of non-prescription medicines.
In EE: The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy. Mail order of medicinal products as well as delivery by post or express service of medicinal products ordered through the internet is prohibited. Establishment authorisation is subject to an economic needs test. Main criteria: density conditions in the area.
In EL: Only natural persons, who are licensed pharmacists, and companies founded by licensed pharmacists, are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.
In ES: Only natural persons, who are licensed pharmacists, are permitted to provide retail services of pharmaceuticals and specific medical goods to the public. Each pharmacist cannot obtain more than one licence. Mail order of pharmaceuticals is prohibited.
In FI: Unbound for retail sales of pharmaceutical products and of medical and orthopaedic goods.
In IE: The mail order of pharmaceuticals is prohibited, with the exception of non-prescription medicines.
In IT: The practice of the profession is possible only for natural persons enrolled in the register, as well as for juridical persons in the form of partnerships, where every partner of the company must be an enrolled pharmacist. Establishment authorisation is subject to an economic needs test. Main criteria: population and density conditions in the area.
In LU: Only natural persons are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.
In NL: Unbound for mail order of medicine.
In PL: The practice of the profession is possible only for natural persons enrolled in the register, as well as for juridical persons in the form of partnerships, where every partner of the company must be an enrolled pharmacist.
In SE: Unbound for retail sales of pharmaceutical goods and the supply of pharmaceutical goods to the general public.




 


With respect to Investment:
In the EU, with the exception of EL, IE, LU, LT and NL: For restricting the number of suppliers entitled to provide a particular service in a specific local zone or area on a non-discriminatory basis. An economic needs test may therefore be applied, taking into account such factors as the number of and impact on existing establishments, transport infrastructure, population density or geographic spread.
In BG: Managers of pharmacies must be qualified pharmacists and may only manage one pharmacy in which they themselves work. A quota (not more than four 4) exists for the number of pharmacies which may be owned per person in BG.
In DE: Only natural persons (pharmacists) are permitted to operate a pharmacy. The total number of pharmacies per person is restricted to one pharmacy and up to three branch pharmacies.
In DK: Only natural persons who have been granted a pharmacist licence from the Danish Health and Medicines Authority are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.
In FR: Pharmacy opening must be authorised and commercial presence, including sale at a distance of medicinal products to the public by means of information society services, must take one of the legal forms which are allowed under national law on a non-discriminatory basis: société d'exercice libéral (SEL) anonyme, par actions simplifiée, à responsabilité limitée unipersonnelle or pluripersonnelle, en commandite par actions, société en noms collectifs (SNC) or société à responsabilité limitée (SARL) unipersonnelle or pluripersonnelle only.
In ES, HR, HU, and PT: Establishment authorisation is subject to an economic needs test. Main criteria: population and density conditions in the area.
In MT: Issuance of pharmacy licences under specific restrictions. A person shall not have more than one licence in their name in any town or village (Regulation 5(1) of the Pharmacy Licence Regulations (LN279/07)), except in the case where there are no further applications for that town or village (Regulation 5(2) of the Pharmacy Licence Regulations (LN279/07)).
In PT: In commercial companies where the capital is represented by shares, these shall be nominative. A person shall not hold or exercise, at the same time, directly or indirectly, ownership, operation or management of more than four pharmacies.
In SI: The network of pharmacies in SI consists of public pharmacy institutions, owned by municipalities, and of private pharmacists with concession where the majority owner must be a pharmacist by profession. Mail order of pharmaceuticals requiring a prescription is prohibited. Mail order of non-prescription medicines requires special State permission.




III-EU-4 – Business services – research and development services (CPC 851, 852, 853)


 




 


With respect to Investment and Cross-border trade in services:
In the EU, with the exception of RO: None.
With respect only to Cross-border trade in services:
In RO: Unbound for the cross-border supply of research and development services.




III-EU-5 – Business services – real estate services (CPC 821, 822)


 




 


With respect to Investment and Cross-border trade in services:
In the EU, with the exception of CZ and HU: None.
With respect to Cross-border trade in services:
In CZ and HU: Unbound for the cross-border supply of real estate services.




III-EU-6 – Business services – rental or leasing services


 










(a)


Rental or leasing services without operators (CPC 831)






With respect to Investment and Cross-border trade in services:
In the EU: Unbound for rental or leasing of aircraft without crew (dry lease). Aircraft used by an air carrier of the European Union are subject to applicable aircraft registration requirements. A dry lease agreement to which a European Union carrier is a party shall be subject to requirements in the European Union or national law on aviation safety, such as prior approval and other conditions applicable to the use of third countries' registered aircraft (CPC 83104).










(b)


Rental or leasing services without operators concerning personal and household goods (CPC 832)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of BE and FR: None.
With respect to Cross-border trade in services:
In BE and FR: Unbound for cross-border supply of leasing or rental services without operator concerning personal and household goods.




III-EU-7 – Business services


 










(a)


Computer and related services (CPC 84) (1)







None.










(b)


Market research and public opinion polling services (CPC 864)






None.










(c)


Management consulting services (CPC 865) and services related to management consulting (CPC 866)






None.










(d)


Related scientific and technical consulting services (CPC 8675)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of FR: None.
With respect to Investment:
In FR: For surveying, access through SEL (anonyme, à responsabilité limitée ou en commandite par actions), SCP (Société civile professionnelle), SA and SARL (sociétés anonymes, à responsabilité limitée) only.










(e)


Technical testing and analysis services (CPC 8676)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of FR and PT: None.
With respect to Investment and Cross-border trade in services:
In FR: The profession of biologist is reserved for natural persons.
In PT: The professions of biologist, chemical analyst and agronomist are reserved for natural persons.










(f)


Advertising services (CPC 871)






With respect to Investment and Cross-border trade in services:
In the EU: None.










(g)


Placement services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of HU and SE: Unbound for the supply services of domestic help personnel, other commercial or industrial workers, nursing and other personnel. In HU and SE: None (CPC 87204, 87205, 87206, 87209).
In the EU for executive search services (CPC 87201): None, except for BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK where: Unbound.
In the EU for the establishment of placement services of office support personnel and other workers (CPC 87202): None, except for AT, BG, CY, CZ, EE, FI, LT, LV MT, PL, PT, RO, SI and SK where: Unbound.
In the EU for supply services of office support personnel (CPC 87203): None, except for AT, BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK where: Unbound.
In DE: Restrictions on the number of suppliers of placement services.
In ES: Restrictions the number of suppliers of executive search services and placement services (CPC 87201, 87202).
In FR: These services can be subject to a State monopoly (CPC 87202).
In IT: Restrictions on the number of suppliers of supply services of office personnel (CPC 87203).




 


With respect to Cross-border trade in services:
In the EU, with the exception of BE, HU and SE: Unbound for the cross-border supply of placement services of office support personnel and other workers (CPC 87202).
In BE: None.
In IE: Unbound for the cross-border supply of executive search services (CPC 87201).
In FR, IE, IT and NL: Unbound for the cross-border supply of services of office personnel (CPC 87203).










(h)


Security services (CPC 87302, 87303, 87304, 87305, 87309)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of BG, CY, CZ, DK, EE, ES, FI, HR, HU, LT, LV, MT, PL, RO, SI and SK: None.
In BG, CY, CZ, EE, ES, LT, LV, MT, PL, RO, SI and SK: Unbound.
In DK, HR and HU: Unbound for the supply of the following subsectors: guard services (87305) in HR and HU, security consultation services (87302) in HR, airport guard services (part of 87305) in DK and armoured car services (87304) in HU.




 


With respect to Investment:
In FI: Unbound for licences to supply security services.










(i)


Investigation services (CPC 87301)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of AT and SE: Unbound.
In AT and SE: None.










(j)


Building-cleaning services (CPC 874)






With respect to Investment and Cross-border trade in services:
In the EU: None.










(k)


Photographic services (CPC 875)






None.










(l)


Packaging services (CPC 876)






None.










(m)


Credit reporting services and collection agency services (CPC 87901, 87902)






With respect to Cross-border trade in services:
In the EU, with the exception of ES, LV and SE: Unbound for the supply of collection agency services and credit reporting services.
In ES, LV and SE: None.










(n)


Telephone answering services (CPC 87903)






With respect to Investment and Cross-border trade in services:
In the EU: None.










(o)


Duplicating services (CPC 87904)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of HU: None.
With respect to Cross-Border Trade in Services:
In HU: Unbound for the cross-border supply of duplicating services.










(p)


Translation and interpretation services (CPC 87905)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of HU and PL: None.
In HU: Official translations, official certifications of translations, and certified copies of official documents in foreign languages may only be provided by the Hungarian Office for Translation and Attestation (OFFI).
In PL: Only natural persons may be sworn translators.










(q)


Mailing list compilation and mailing services (CPC 87906)






With respect to Investment and Cross-border trade in services:
In the EU: None.










(r)


Specialty design services (CPC 87907)






None.










(s)


Other business services n.e.c. (CPC 87909)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of SE: None.
In SE: The economic plan for a building society must be certified by two persons. These persons must be publicly approved by authorities in the EEA.
In SE: Pawn-shops must be established as either a limited liability company or as a branch.










(t)


Air transport related business services:






—


Selling and Marketing










—


Computer Reservations System (CRS) services










With respect to Investment and Cross-border trade in services:
In the EU: None.










(u)


Repair services incidental to metal products, machinery and equipment (CPC 886, except 8868)






None.




 


With respect to Investment and Cross-border trade in services:
In the EU, with the exception of HU: None.
In HU: Unbound for services incidental to energy distribution and cross-border supply of services incidental to manufacturing, with the exception of advisory and consulting services relating to these sectors.










(v)


Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof (part of CPC 86764, 86769, 8868)






None.










(x)


Other business services and hallmarking services (part of CPC 893)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of CZ, LT and NL: None.
In LT: Unbound.
In NL: The hallmarking of precious metal articles is currently exclusively granted to two Dutch public monopolies.










(y)


Packaging (part of CPC 88493, ISIC 37)






With respect to Investment and Cross-border trade in services:
In CZ: A packaging company supplying services relating to packaging take back and recovery must be a joint-stock company (part of CPC 88493, ISIC 37).




III-EU-8 – Communication services


 










(a)


Postal and courier services (part of CPC 71235, part of 73210, part of 751)






With respect to Investment and Cross-border trade in services:
In the EU: The organisation of the siting of letter boxes on the public highway, the issuing of postage stamps and the provision of the registered mail service used in the course of judicial or administrative procedures may be restricted in accordance with national legislation. Licensing systems may be established for those services for which a general universal service obligation exists. These licences may be subject to particular universal service obligations or a financial contribution to a compensation fund.










(b)


Telecommunications (CPC 752, 753, 754)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of BE: None.
In BE: Unbound for satellite broadcast transmission services.




III-EU-9 – Construction (CPC 511, 512, 513, 514, 515, 516, 517, 518)


With respect to Investment and Cross-border trade in services:
In the EU: None.




III-EU-10 – Distribution services


 










(a)


Distribution services (CPC 3546, 631, 632 except 63211, 63297, 62276, part of 621)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of PT: None.
With respect to Investment:
In PT: A specific authorisation scheme exists for the installation of certain retail establishments and shopping centres. This relates to shopping centres that have a gross leasable area equal to or greater than 8 000  m2, and retail establishments having a sales area equal to or exceeding 2 000  m2, when located outside shopping centres. Main criteria: Contribution to a multiplicity of commercial offers; assessment of services to consumer; quality of employment and corporate social responsibility; integration in urban environment; and contribution to eco-efficiency (CPC 631, 632 except 63211, 63297).










(b)


Distribution of pharmaceuticals (CPC 62117, 62251, 8929)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of FI: None.
In FI: Unbound for the distribution of pharmaceutical products.










(c)


Distribution of alcoholic beverages (part of CPC 62112, 62226, 63107, 8929)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of FI and SE: None.
In FI: Unbound for the distribution of alcoholic beverages.
In SE: Imposing a monopoly on retail sales of liquor, wine and beer (except non-alcoholic beer). Currently Systembolaget AB has such governmental monopoly on retail sales of liquor, wine and beer (except non-alcoholic beer). Alcoholic beverages are beverages with an alcohol content over 2,25  % per volume. For beer, the limit is an alcohol content over 3,5  % per volume (part of CPC 631).










(d)


Distribution of tobacco (part of CPC 6222, 62228, part of 6310, 63108)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of AT, ES, FR and IT: None.
In AT: Only natural persons may apply for an authorisation to operate as a tobacconist (CPC 63108).
In ES: Only natural persons may operate as a tobacconist. Each tobacconist cannot obtain more than one licence (CPC 63108). There is a State monopoly on retail sales of tobacco.
In FR: State monopoly on wholesale and retail sales of tobacco (part of CPC 6222, part of 6310).
In IT: In order to distribute and sell tobacco, a licence is needed. The licence is granted through public procedures. The granting of licences is subject to an economic needs test. Main criteria: population and geographical density of existing selling points (part of CPC 6222, part of 6310).




III-EU-11 – Environmental services






(a)


Waste water services (CPC 9401)










(b)


Solid/hazardous waste management, excluding cross-border transport of hazardous waste






(i)


Refuse disposal services (CPC 9402)










(ii)


Sanitation and similar services (CPC 9403)














(c)


Protection of ambient air and climate (CPC 9404)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of DE: None.
With respect only to Cross-border trade in services:
In DE: Unbound for the cross-border supply of waste management services, other than advisory services and with respect to services relating to the protection of soil and the management of contaminated soils, other than advisory services (CPC 9401, 9402, 9403, 94060).










(d)


Remediation and clean-up of soil and waters






(i)


Treatment, remediation of contaminated or polluted soil and water (part of CPC 9406)










 










(e)


Noise and vibration abatement (CPC 9405)










(f)


Protection of biodiversity and landscape










(g)


Nature and landscape protection services (part of CPC 9406)










(h)


Other environmental and ancillary services (CPC 9409)






 




III-EU-12 – Education services (CPC 92) (Only privately funded services)


 




 


With respect to Investment and Cross-border trade in services:
In the EU: Unbound for educational services which receive public funding or State support in any form. Where the supply of privately funded education services by a foreign provider is permitted, participation of private operators in the education system may be subject to concession allocated on a non-discriminatory basis.
In the EU, with the exception of CZ, NL, SE and SK: Unbound for the supply of privately funded other education services, which means other than those classified as being primary, secondary, higher and adult education services (CPC 929).
In CY, FI, MT and RO: Unbound for the supply of privately funded primary, secondary, and adult education services (CPC 921, 922, 924).
In AT, BG, CY, FI, MT and RO: Unbound for the supply of privately funded higher education services (CPC 923).
In SE: Unbound for educational services suppliers that are approved by public authorities to provide education. This reservation applies to privately funded educational services suppliers with some form of State support, inter alia, educational service suppliers recognised by the State, educational services suppliers under State supervision or education which entitles to study support (CPC 92).
In SK: For all privately funded education services other than post-secondary technical and vocational education services: An economic needs test may apply and the number of schools being established may be limited by local authorities (CPC 921, 922, 923 other than 92310, 924).




 


With respect to Investment:
In the EU, with the exception of ES and IT: For opening of a privately funded university which issues recognised diplomas or degrees an economic needs test is applied. Main criteria: population and density of existing establishments.
In ES: The procedure involves obtaining the advice of the Parliament.
In IT: This is based on a three-year programme and only Italian juridical persons may be authorised to issue State-recognised diplomas (CPC 923).




III-EU-13 – Health and social services (Only privately funded services)


 










(a)


Health services – hospital, ambulance, residential health services (CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193, 93199)






With respect to Investment:
In the EU: Unbound for the supply of all health services which receive public funding or State support in any form. Unbound for all privately funded health services, other than privately funded hospital, ambulance, and residential health facilities services other than hospital services.
The participation of private operators in the privately funded health network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of, and impact on, existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment.
This reservation does not relate to the supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931 other than 9312, part of 93191).
In AT, PL and SI: Unbound for the supply of privately funded ambulance services (CPC 93192).
In BE: Unbound for the establishment of privately funded ambulance and residential health facilities services other than hospital services (CPC 93192, 93193).
In BG, CY, CZ, FI, MT and SK: Unbound for the supply of privately funded hospital, ambulance, and residential health services other than hospital services (CPC 9311, 93192, 93193).
In DE: Unbound for the supply of the Social Security System of Germany, where services may be provided by different companies or entities involving competitive elements which are thus not ‘activities performed in the exercise of governmental authority’ (CPC 93).
In DE: Unbound for the ownership of privately funded hospitals run by the German Forces.
In FI: Unbound for the supply of other human health services (CPC 93199).
In FR: Unbound for the supply of privately funded laboratory analysis and testing services.
In DE: (applies also to the regional level of government): Rescue services and ‘qualified ambulance services’ are organised and regulated by the Länder. Most Länder delegate competences in the field of rescue services to municipalities. Municipalities are allowed to give priority to not-for-profit operators. This applies equally to foreign as well as domestic service suppliers (CPC 931, 933). Ambulance services are subject to planning, permission and accreditation. Regarding telemedicine, the number of ICT (information and communications technology) service suppliers may be limited to guarantee interoperability, compatibility and necessary safety standards. This is applied in a non-discriminatory way.
In SI: A State monopoly is reserved for the following services: Supply of blood, blood preparations, removal and preservation of human organs for transplant, socio-medical, hygiene, epidemiological and health-ecological services, patho-anatomical services, and biomedically-assisted procreation (CPC 931).
In FR: For hospital and ambulance services, residential health facilities (other than hospital services) and social services: Companies can take any legal forms, except those reserved to liberal professions.










(b)


Health and social services, including pension insurance






With respect to Cross-border trade in services:
In the EU, with the exception of HU: Unbound for the cross-border supply of health services, social services and activities or services forming part of a public retirement plan or statutory system of social security. This reservation does not relate to the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931 other than 9312, part of 93191).
In HU: Unbound for the cross-border supply from outside its territory of all hospital, ambulance and residential health services other than hospital services, which receive public funding (CPC 9311, 93192, 93193).










(c)


Social services, including pension insurance






With respect to Investment and Cross-border trade in services:
In the EU: Unbound for the supply of all social services which receive public funding or State support in any form and activities or services forming part of a public retirement plan or statutory system of social security.
The participation of private operators in the privately funded social network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment.
In CZ, FI, HU, MT, PL, RO, SK and SI: Unbound for the supply of privately funded social services.
In BE, CY, DE, DK, EL, ES, FR, IE, IT, and PT: Unbound for the supply of privately funded social services other than services relating to convalescent and rest houses and old people's homes.
In DE: Unbound for the Social Security System of Germany, where services are provided by different companies or entities involving competitive elements and might therefore not fall under the definition of ‘activities performed in the exercise of governmental authority’.




 


With respect only to Investment:
In HR: Establishment of some privately funded social care facilities may be subject to an economic needs test, in particular, geographical areas (CPC 9311, 93192, 93193, 933).




III-EU-14 Tourism and travel-related services






(a)


Hotels, restaurants and catering (CPC 641, 642, 643) excluding catering in air transport services, which found under ground-handling services










(b)


Travel agencies and tour operators services (including tour managers) (CPC 7471)










(c)


Tourist guides services (CPC 7472)






With respect to Investment:
In the EU, with the exception of BG: None.
In BG: Incorporation (no branches) is required (CPC 7471, 7472).




III-EU-15 – Recreational, cultural and sporting services (other than audio-visual services)


 










(a)


Library, archive, museum and other cultural services (CPC 963)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of AT and for investment in LT: Unbound for the supply of library, archive, museum and other cultural services. In AT and LT: a licence or concession may be required for establishment.










(b)


Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other than 96492)






With respect to Investment:
In the EU: None, other than:
In CY, CZ, FI, MT, PL, RO, SI and SK: Unbound for the supply of entertainment services, including theatre, live bands, circus and discotheque services.
In BG: Unbound for the supply of the following entertainment services: circus, amusement park and similar attraction services, ballroom, discotheque and dance instructor services, and other entertainment services.
In EE: Unbound for the supply of other entertainment services except for cinema theatre services.
In LT and LV: Unbound for the supply of all entertainment services other than cinema theatre operation services.




 


With respect to Cross-border trade in services:
In the EU, with the exception of AT and SE: Unbound for the cross-border supply of entertainment services, including theatre, live bands, circus and discotheque services.
In AT and SE: None.










(c)


News agency services (CPC 962)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of HU: None.
In HU: Unbound.










(d)


Sporting and other recreational services (CPC 964)






With respect to Investment and Cross-border trade in services:
In the EU: None.










(e)


Gambling and betting services (CPC 96492)






With respect to Investment and Cross-border trade in services:
In the EU: Unbound for the supply of gambling activities, which involve wagering a stake with pecuniary value in games of chance, including, in particular, lotteries, scratch cards, gambling services offered in casinos, gambling arcades or licensed premises, betting services, bingo services and gambling services operated by and for the benefit of charities or non-profit-making organisations.




III-EU-16 – Transport services and auxiliary transport services


 










(a)


Maritime transport.






(i)


International passenger transportation (CPC 7211 excluding national cabotage transport)










(ii)


International freight transportation (CPC 7212 excluding national cabotage transport)










With respect to Investment and Cross-border trade in services:
In the EU, with the exception of LV and MT: Unbound for the purpose of registering a vessel and operating a fleet under the national flag of the State of establishment (all commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing, international passenger and freight transportation (CPC 721), and services auxiliary to maritime transport).
In the EU: Unbound for feeder services, and for repositioning owned or leased containers on a non-revenue basis by European Union shipping companies, for the part of these services which does not fall under the exclusion of national maritime cabotage.
In MT: Exclusive rights exist for the maritime link to mainland Europe through IT with MT (CPC 7213, 7214, part of 742, 745, part of 749).
In LV: None










(b)


Auxiliary services to maritime transport and inland waterways transport






With respect to Investment and Cross-border trade in services:
In the EU: Unbound for the supply of pilotage and berthing services (CPC 7452).
In the EU: Unbound for services auxiliary to inland waterways transportation.
In the EU: For port services, the managing body of a port or the competent authority may limit the number of providers of port services for a given port service.
In the EU, with the exception of LT and LV: Unbound for pushing and towing services (CPC 7214). In LT and LV: None.
In BG: The number of the service suppliers at the ports may be limited depending on the objective capacity of the port, which is decided by an expert commission, set up by the Minister of Transport, Information Technology and Communications (ISIC 0501, 0502, CPC 5133, 5223, 721, 722, 74520, 74540, 74590, 882).
In BG: Regarding supporting services for public transport carried out in Bulgarian ports, in ports having national significance, the right to perform supporting activities is granted through a concession contract. In ports having regional significance, this right is granted by a contract with the owner of the port (CPC 74520, 74540 and 74590).
With respect to Investment:
In the EU, with the exception of EL and IT: None.
In EL: Public monopoly imposed in port areas for cargo-handling services (CPC 741).
In IT: An economic needs test is applied for maritime cargo-handling services. Main criteria: number of and impact on existing establishments, population density, geographic spread and creation of new employment (CPC 741).










(c)


Rail transport and auxiliary services to rail transport






With respect to Investment and Cross-border trade in services:
In the EU: Unbound for railway passenger and freight transportation (CPC 711).
In LT: The exclusive rights for the provision of transit services are granted to railway undertakings which are owned, or whose stock is 100 % owned, by the State (CPC 711).
In the EU, with the exception of LT and SE, for auxiliary services to rail transport: None.
In LT: Maintenance and repair services of rail transport equipment are subject to a State monopoly (CPC 86764, 86769, part of 8868).
In SE: Maintenance and repair services of rail transport equipment are subject to an economic needs test when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints (CPC 86764, 86769, part of 8868).










(d)


Road transport (passenger transportation, freight transportation, international truck transport services) and services auxiliary to road transport






With respect to Cross-border trade in services:
In the EU: Unbound for road transport (passenger transportation, freight transportation, international truck transport services).
With respect to Investment:
In the EU: Unbound for cabotage within a Member State by foreign investors established in another Member State (CPC 712).
In the EU: An economic needs test may apply to taxi services in the European Union setting a limit on the number of service suppliers. Main criterion: local demand as provided in applicable laws (CPC 71221).
In BE: A maximum number of licences may be fixed by law (CPC 71221).
In AT, BG and DE: For passenger and freight transportation, exclusive rights or authorisations may only be granted to natural persons of the European Union and to juridical persons of the European Union having their headquarters in the European Union. (CPC 712).
In CZ: Incorporation in CZ is required (no branches).
In ES: For passenger transportation, an economic needs test applies to services provided under CPC 7122. Main criterion: local demand. An economic needs test applies for intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment.
In FR: Unbound for the supply of intercity bussing services (CPC 712).
In IE: Economic needs test for intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment (CPC 7121, 7122).
In IT: An economic needs test is applied to limousine services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment.
An economic needs test is applied to intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment.
An economic needs test is applied to the supply of freight transportation services. Main criteria: local demand (CPC 712).
In MT: For public bus services: The entire network is subject to a concession which includes a Public Service Obligation agreement to cater for certain social sectors (such as students and the elderly) (CPC 712).
In MT: For taxis, numerical restrictions on the number of licences apply. For Karozzini (horse-drawn carriages), numerical restrictions on the number of licences apply (CPC 712).
In PT: For passenger transportation, an economic needs test is applied to the supply of limousine services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment (CPC 71222).
In SE: Maintenance and repair services of road transport equipment are subject to an economic needs test when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints (CPC 6112, 6122, 86764, 86769, part of 8867).
In SE: In order to engage in the occupation of road transport operator, a Swedish licence is needed. Criteria for receiving a taxi licence include that the company has appointed a natural person to act as the transport manager (a de facto residency requirement – see the Swedish reservation on types of establishment) (CPC 712).
In SK: For freight transportation, an economic needs test is applied. Main criteria: local demand (CPC 712).




 


With respect to Cross-border trade in services:
In the EU, with the exception of BG, for the cross-border supply of supporting services to road transport (CPC 744): None.
In BG: Unbound.










(e)


Services auxiliary to air transport services (CPC 7461, 7469, 83104)






With respect to Investment and Cross-border trade in services:
In the EU: The level of openness of ground-handling services depends on the size of airport. The number of suppliers in each airport may be limited. For big airports, this limit may not be less than two suppliers.
With respect to Investment:
In PL: For storage services of frozen or refrigerated goods, the possibility to supply certain categories of services will depend on the size of the airport. The number of suppliers in each airport may be limited due to available space constraints, and to not less than two suppliers for other reasons (part of CPC 742).










(f)


Space transport and rental of space craft






With respect to Investment and Cross-border trade in services:
The EU: Unbound for the transportation services via space and the rental of space craft (CPC 733, part of 734).




III-EU-17 – Agriculture, fishing, water, manufacturing


 










(a)


Agriculture, hunting, forestry and services incidental to agriculture, hunting and forestry (ISIC 01, 02, CPC 881)






With respect to Investment and Cross-border trade in services:
In the EU, with the exceptions of HR, HU, PT and SE: None.
In HR: Unbound for agricultural and hunting activities.
In HU: Unbound for agricultural activities (ISIC 011, 012, 013, 014, 015, CPC 8811, 8812, 8813 other than advisory and consultancy services).
In PT: The professions of biologist, chemical analyst and agronomist are reserved for natural persons (CPC 881).
In SE: Unbound for reindeer husbandry (ISIC 014).










(b)


Fishing, aquaculture, and services incidental to fishing (ISIC 05, CPC 882)






With respect to Investment and Cross-border trade in services:
In the EU: Unbound for fishing, aquaculture, services incidental to fishing.
In the EU: Unbound for the establishment of marine or inland aquaculture facilities.
In FR: Unbound for participation in French maritime State property for fish, shellfish or algae farming.
In BG: Unbound for the taking of marine and river-living resources, performed by vessels in the internal marine waters, and the territorial sea of BG.










(c)


Collection, purification and distribution of water (ISIC 41)






With respect to Investment and Cross-border trade in services:
In the EU: Unbound for activities including services relating to the collection, purification and distribution of water to household, industrial, commercial or other users, including the supply of drinking water, and water management.










(d)


Manufacturing (ISIC 16, 17, 18, 19, 20, 21)






With respect to Investment and Cross-border trade in services:
In the EU: None.










(e)


Publishing, printing and reproduction of recorded media (ISIC 22, CPC 88442)






None.










(f)


Manufacturing (ISIC 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37)






None.




III-EU-18 – Mining and energy related activities


 










(a)


Mining and quarrying (ISIC 10, 11, 12: Mining of energy producing materials, ISIC 13, 14: Mining of metal ores and other mining; CPC 5115, 7131, 8675, 883)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of BE, FI, IT and NL: None.
In IT: (applies also to the regional level of government for exploration): Mines belonging to the State have specific exploration and mining rules. Prior to any exploitation activity, a permit for exploration is needed (permesso di ricerca, Article 4 Royal Decree 1447/1927). This permit has a duration, defines exactly the borders of the ground under exploration and more than one exploration permit may be granted for the same area to different persons or companies (this type of licence is not necessarily exclusive). In order to cultivate and exploit minerals, an authorisation (concessione, Article 14) from the regional authority is required (ISIC 10, 11, 12, 13, 14, CPC 8675, 883).




 


With respect to Investment:
In BE: The exploration for and exploitation of mineral resources and other non-living resources in territorial waters and the continental shelf are subject to concession. The concessionaire must have an address for service in BE (ISIC 14).
In FI: For the mining of nuclear material an authorisation may be subject to an economic needs test. Main criteria: overall economic and social benefits (ISIC Rev. 3.1 120).
In NL: The exploration for and exploitation of hydrocarbons in NL is always performed jointly by a private company and the public (limited) company designated by the Minister of Economic Affairs. Articles 81 and 82 of the Mining Act stipulate that all shares in this designated company must be directly or indirectly held by the Dutch State (ISIC Rev. 3.1 10, 3.1 11, 3.1 12, 3.1 13, 3.1 14).










(b)


Energy services – general (ISIC 40, CPC 613, 7131, 7139, 742, 7422, 887 (other than advisory and consulting services))






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of BE, BG, FR and LT: None.
In FR: Unbound for the electricity and gas transmission systems and oil and gas pipeline transport (CPC 7131).
In BE: Unbound for the energy distribution services, and services incidental to energy distribution (CPC 887 other than consultancy services).
In BE: Unbound for energy transmission services, regarding the types of legal entities and to the treatment of public or private operators to whom BE has conferred exclusive rights (ISIC 4010, CPC 71310).
In BG: Unbound for services incidental to energy distribution (part of CPC 88).
With respect to Cross-border trade in services:
In LT: Unbound for pipeline transportation of fuels and services auxiliary to pipeline transport of goods other than fuel.










(c)


Electricity (ISIC 40, 4010; CPC 62279, 887 (other than advisory and consulting services))






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of AT, BG, CZ, FI, FR, LT, MT, NL and SK: None.
In AT, BG: Unbound for the production of electricity, energy distribution services and services incidental to energy distribution (ISIC 4010, CPC 887 other than advisory and consultancy services).
In CZ: Exclusive rights exist with regard to electricity and gas transmission and market operator licences (ISIC 40, CPC 7131, 63297, 742, 887).
In FI: Unbound for the importation of electricity. Unbound for cross-border trade relating to the wholesale and retail of electricity. Unbound for electricity transmission and distribution networks and systems (ISIC 4010, CPC 62279, 887 other than advisory and consultancy services).
In FR: Unbound for the production of electricity (ISIC 4010).
In FR: Unbound for electricity transmission and distribution (ISIC 4010, CPC 887).
In LT: Unbound for wholesale and retail services and trading of electricity that originates from non-safe nuclear sources.
In SK: For the production, transmission and distribution of electricity, wholesale and retail of electricity, and related services incidental to energy distribution, including services in the area of energy efficiency, energy savings and energy audit. An economic needs test is applied and the application may be denied only if the market is saturated (ISIC 4010, CPC 62279, 887).




 


With respect to Investment:
In MT: EneMalta plc has a monopoly for the provision of electricity (ISIC 4010; CPC 887).
In NL: Unbound for ownership of the electricity network which is exclusively granted to the Dutch government (transmission systems) and other public authorities (distribution systems) (ISIC 4010, CPC 887).










(d)


Fuels, gas, crude oil or petroleum products (ISIC 232, 4020; CPC 62271, 63297, 713, 742, 887 (other than advisory and consulting services))






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of AT, BG, CZ, DK, FI, FR, HU, NL and SK: None.
In AT: Unbound for transportation of gas and goods other than gas (CPC 713).
In BG: Unbound for pipeline transportation, storage and warehousing of petroleum and natural gas, including transit transmission (ISIC 4020, CPC 7131, part of CPC 742).
In CZ: Unbound for gas generation, transmission, distribution, storage and trading (ISIC 2320, 4020, CPC 7131, 63297, 742, 887).
In DK: The owner or user intending to establish a pipeline for the transport of crude or refined petroleum and petroleum products and of natural gas must obtain a permit from the local authority before commencing work. The number of permits issued may be limited (CPC 7131).
In FI: Unbound for gas transmission and distribution networks and systems. Quantitative restrictions in the form of monopolies or exclusive rights for the importation of natural gas (ISIC 4020, CPC 887 other than advisory and consultancy services).
In FR: Only companies where 100 % of the capital is held by the French State, by another public sector organisation or by ENGIE, may own and operate gas transmission or distribution systems for reasons of national energy security (ISIC 4020, CPC 887).
In HU: Unbound for the supply of pipeline transport services. Requires establishment. Services may be provided through a Contract of Concession granted by the State or the local authority. The supply of this service is regulated by the Concession Law (CPC 7131).
In NL: Unbound for the ownership of the electricity network and the gas pipeline network are exclusively granted to the Dutch government (transmission systems) and other public authorities (distribution systems) (ISIC 40, CPC 71310).
In SK: An authorisation is required for manufacture of gas and distribution of gaseous fuels and the pipeline transportation of fuels. An economic needs test is applied and the application may be denied only if the market is saturated. (ISIC 4020, CPC 62271, 63297, 7131, 742 and 887).










(e)


Nuclear (ISIC 12, 2330, part of 4010, CPC 887)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of AT, BE, BG, DE, FI, FR, HU, and SE: None.
In AT and FI: Unbound for the production, processing, distribution or transportation of nuclear material and generation or distribution of nuclear-based energy.
In DE: Unbound for the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy.
In BE: Unbound for the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy.




 


With respect to Investment:
In BG: Unbound for the processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade thereof, to the maintenance and repair of equipment and systems in nuclear energy production facilities, to the transportation of those materials and the refuse and waste matter of their processing, to the use of ionising radiation, and on all other services relating to the use of nuclear energy for peaceful purposes (including engineering and consulting services and services relating to software, etc.).
In FR: Unbound for the manufacturing, production, processing, generation, distribution or transportation of nuclear material for obligations of a Euratom Agreement.
In HU and SE: Unbound for the processing of nuclear fuel and nuclear-based electricity generation. (ISIC 2330, part of 4010).










(f)


Steam and hot water supply (ISIC 4030, CPC 62271, 887)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of BG, FI and SK: None.
In BG: Unbound for the production and distribution of heat (ISIC 4030, CPC 887).
In SK: An authorisation is required for production and distribution of steam and hot water, wholesale and retail of steam and hot water, and related services incidental to energy distribution. An economic needs test is applied and the application may be denied only if the market is saturated.




 


With respect to Investment:
In FI: Quantitative restrictions in the form of monopolies or exclusive rights exist for the production and distribution of steam and hot water (ISIC 40, CPC 7131).
In FI: Unbound for the transmission and distribution networks and systems of steam and hot water (ISIC 4030, CPC 7131 other than advisory and consultancy services).




III-EU-19 – Other services not included elsewhere


 










(a)


Funeral, cremation services and undertaking services CPC 9703






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of CY, DE, FI, PT, SE and SI: None.
In CY, DE, FI, PT, SE and SI: Unbound for funeral, cremation and undertaking services.










(b)


Other business-related services (part of CPC 612, part of 621, part of 625, part of 85990)






With respect to Investment and Cross-border trade in services:
In the EU, with the exception of CZ, LT and FI, for other business-related services (part of CPC 612, part of 621, part of 625, part of 85990): None.
With respect to Cross-border trade in services:
In CZ: Unbound for auction services (part of CPC 612, part of 621, part of 625, part of 85990).
In LT: Unbound for the entity authorised by the government to have exclusive rights to provide the following services: data transmission through secure state data transmission networks.
In FI: Unbound for the cross-border provision of electronic identification services.










(c)


New services






In the EU: Unbound for the provision of new services other than those classified in the CPC.






(1)  The EU subscribes to the ‘Understanding on the scope of coverage of computer services – CPC 84’.




Appendix 17-C-2
SCHEDULE OF CHILE






Sector or subsector


Limitations on Market Access




No. 1 All sectors


 










(a)


State company






In the transfer or disposal of any interest in stock or asset held in an existing state enterprise or governmental entity, Chile reserves the right to prohibit or impose limitations on the ownership of such interest or asset and on the right of investors or their investments to control any State company created thereby or investments made by the same.
A ‘State company’ shall mean any company owned or controlled by Chile by means of an interest share in the ownership thereof, and it shall include any company created after the date of entry into force of this Agreement for the sole purpose of selling or disposing of its interest share in the capital or assets of an existing state enterprise or governmental entity.










(b)


Public utilities






Public utilities exist in sectors such as related scientific and technical consulting services, research and development (R&D) services on social sciences and humanities, technical testing and analysis services, water services and treatment, sewage, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on those services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. This reservation does not apply to telecommunications and to computer and related services.










(c)


Acquisition of real estate






In Chile unbound for the acquisition of ‘State land’, ‘the borderland zone’ and any land within five kilometers of the coastline that is used for agricultural activities as indicated in Annexes 17-A and 17-B.
Any Chilean natural person or person residing in Chile or a Chilean juridical person shall be able to acquire or control lands used for agricultural activities. Chile reserves the right to adopt or maintain any measures related to the ownership or control of such lands.










(d)


Commercial presence






This schedule does not apply to representative offices.










(e)


Indigenous peoples






Chile reserves the right to adopt or maintain any measure regarding indigenous peoples.










(f)


Disadvantaged minorities






Chile reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities.




No. 2 Manufacturing


 




Manufacturing excluding services (ISIC Rev. 3.1 15, 17, 18, 19, 20, 21, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, except for 16, 22, 24, 25, 29, 37)


None.




Manufacturing (ISIC Rev. 3.1 Division 16: Manufacture of tobacco products)


Unbound.




Manufacturing (ISIC Rev. 3.1 Division 22: Publishing, printing and reproduction of recorded media)


None, except for:
222 Printing and service activities related to printing: Unbound for services activities related to printing.




Manufacturing (ISIC Rev. 3.1 Division 24: Manufacture of chemicals and chemical products)


Specific types of legal entities to carry out the economic activity may apply for:
241 Manufacture of basic chemicals; and
242 Manufacture of other chemical products.




Manufacturing (ISIC Rev. 3.1 Division 25: Manufacture of rubber and plastics products)


Specific types of legal entities to carry out the economic activity may apply for:
251 Manufacture of rubber products; and
252 Manufacture of plastics products.




Manufacturing (ISIC Rev. 3.1 Division 29: Manufacture of machinery and equipment n.e.c.)


None, except for:
2927 Manufacture of weapons and ammunition: Unbound.




Manufacturing (ISIC Rev. 3.1 Division 31: Manufacture of electrical machinery and apparatus n.e.c.)


Specific types of legal entities to carry out the economic activity may apply for:
311 Manufacture of electric motors, generators and transformers; and
314 Manufacture of accumulators, primary cells and primary batteries.




Manufacturing (ISIC Rev. 3.1 Division 37: Recycling)


Specific types of legal entities to carry out the economic activity may apply for:
371 Recycling of metal waste and scrap; and
372 Recycling of non-metal waste and scrap.




No. 3 Mining and quarrying


 




Mining and quarrying, excluding services (ISIC Rev. 3.1 10, 11, 12, 13, 14)


Unbound for:
Division 11 Extraction of crude petroleum and natural gas; service activities incidental to oil and gas extraction; and
Division 12 Mining of uranium and thorium ores.
The exploration, exploitation, and treatment (beneficio) of lithium, liquid or gaseous hydrocarbons, deposits of any kind existing in sea waters subject to national jurisdiction, and deposits of any kind wholly or partially located in areas classified as important to national security with mining effects, which qualification shall be made by law only, can be the object of administrative concessions or special operating contracts, subject to the requirements and conditions to be determined, in each case by a Supreme Decree.
Furthermore, only the Chilean Nuclear Energy Commission (Comisión Chilena de Energía Nuclear), or parties authorised by that Commission, may execute or enter into a legal act regarding extracted natural atomic materials and lithium, as well as their concentrates, derivatives and compounds.




No. 4 Agriculture


 




Agriculture and hunting, excluding services (ISIC Rev. 3.1 A 01)


None.




Forestry, excluding services (ISIC Rev. 3.1 A 02)


None.
For greater certainty, a management plan approved by the Forestry Commission (Corporación Nacional Forestal) is required.




No. 5 Energy


 




Electricity generation and distribution, excluding services (ISIC Rev. 3.1 E 40, 401, 4010)








(a)


None, except for production, transmission, and distribution of electricity for the National Electric System (Sistema Eléctrico Nacional). The following limitations shall apply:
Only a specific type of public corporations, open or closed (sociedad anónima abierta o cerrada) incorporated in Chile is authorised to operate concessions in energy distribution. Such corporation's exclusive line of business must be energy distribution.
Only a specific type of public corporations, open or closed (sociedad anónima abierta o cerrada) incorporated in Chile is authorised to operate concessions in energy transmission for the National Transmission System (Sistema Interconectado Central). Such corporation's exclusive line of business must be energy transmission.
Hydroelectrical energy production may be exploited through concessions. Only juridical persons established in accordance with Chilean law can apply for such concessions and public bids for obtaining such concessions.
Exploration or exploitation of geothermal energy is subject to concessions. Only juridical persons established in accordance with Chilean law can apply for such concessions and public bids for obtaining such concessions.
The production of nuclear energy for peaceful purposes shall only be performed by the Chilean Nuclear Energy Commission or, with its authorisation, in conjunction with third parties. Should the Commission determine it advisable to grant such authorisation, it shall also establish the terms and conditions for operation.










(b)


Unbound for activities of electric power brokers or agents that arrange the sale of electricity via power distribution systems operated by others.








No. 6 Fishing


 




Fishing, operation of fish hatcheries and fish farms, excluding services (ISIC Rev. 3.1 B 05)


Unbound.




No. 7 Services


 




Legal services (part of CPC 861)


With respect to Investment and Cross-border trade in services:
(1) and (3): None, except in the case of receivers in bankruptcy (síndicos de quiebra) who must be duly authorised by the Minister of Justice (Ministerio de Justicia), and they can only work in the place where they reside.
(2): None.




Accounting, auditing, and bookkeeping services (CPC 86211)


(1) and (3): None, except the external auditors of financial institutions must be inscribed in the Register of External Auditors of the Superintendence of Banks and Financial Institutions (Superintendencia de Bancos e Instituciones Financieras) and in the Superintendence of Securities and Insurance (Superintendencia de Valores y Seguros). Only firms legally incorporated in Chile as partnerships (sociedades de personas) or associations (asociaciones), and whose main line of business is auditing services, may be inscribed in the Register.
(2): None.




Taxation advisory services (CPC 863)


(1), (2), and (3): None.




Architectural services (CPC 8671)


(1), (2) and (3): None.




Engineering services (CPC 8672)


(1), (2) and (3): None.




Integrated engineering services (CPC 86733)


(1), (2) and (3): None.




Urban planning and landscape architectural service (CPC 8674)


(1), (2) and (3): None.




Veterinary services (CPC 932)


(1), (2) and (3): None.




Services provided by midwives, nurses, physiotherapists and paramedical personnel (CPC 93191)


(1), (2) and (3): None.




Computer related services (CPC 841, 842, 843, 844 and 845)


(1), (2) and (3): None.




Interdisciplinary research and development services, research and development services on natural sciences, and related scientific and technical consulting services (part of CPC 851, part of CPC 853 and part of CPC 86751)


(1) and (3): None, except: Any exploration of a scientific or technical nature, or related to mountain climbing (andinismo), that legal or natural persons domiciled abroad intend to carry out in border areas need to be authorised and supervised by the Directorate of Borders and Frontiers (Dirección de Fronteras y Límites del Estado). The Directorate of Borders and Frontiers may stipulate that an expedition include one or more representatives of relevant Chilean activities. These representatives would participate in and learn about the studies and their scope.
(2): None.




Research and development services on social sciences and humanities (CPC 852)


(1), (2) and (3): None.




Real estate services: involving owned or leased property or on a fee or contract basis (CPC 821 and 822)


(1), (2) and (3): None.




Rental/leasing services without crew/operators, related to vessels, other transport equipment and relating to other machinery and equipment (CPC 8310, except 83104)


(1), (2) and (3): None.




Leasing or rental services concerning aircraft (without operator) (CPC 83104)


(1), (2) and (3): None.




Advertising services (CPC 871)


(1), (2) and (3): None.




Market research and public opinion polling services (CPC 864)


(1), (2) and (3): None.




Management consulting services (CPC 865)


(1), (2) and (3): None.




Services related to management consulting (CPC 866, except 86602)


(1), (2) and (3): None.




Technical testing and analysis services (CPC 8676)


(1), (2) and (3): None.




Services related to agriculture, hunting and forestry (CPC 881)


(1), (2) and (3): None.




Services related to mining (CPC 883)


(1), (2) and (3): None.




Placement and supply services of personnel (CPC 87201, 87202, 87203)


(1), (2) and (3): None.




Investigation and security services (CPC 87302, 87303, 87304 and 87305)


(1), (2) and (3): None.




Maintenance and repair of equipment, not including vessels, aircraft, or other transport equipment (CPC 633)


(1), (2) and (3): None.




Building-cleaning services (CPC 874)


(1), (2) and (3): None.




Photographic services (CPC 875)


(1), (2) and (3): None.




Packing services (CPC 876)


(1), (2) and (3): None.




Credit reporting services, collection agency services (CPC 87901, 87902)


(1), (2) and (3): Unbound.




Telephone answering services (CPC 87903)


(1), (2) and (3): None.




Duplicating services (CPC 87904)


(1), (2) and (3): None.




Translation and interpretation services (CPC 87905)


(1), (2) and (3): None, except official translations, official certifications of translations, and certified copies of official documents in foreign languages may only be provided by official translators registered under Chilean authorities.




Mailing list compilation and mailing services (CPC 87906)


(1), (2) and (3): None.




Specialty design services (CPC 87907)


(1), (2) and (3): None.




Other business services n.e.c. (CPC 87909)


(1), (2) and (3): Unbound.




Printing and publishing services (CPC 88442)


(1), (2) and (3): None.




Convention services (CPC 87909)


(1), (2) and (3): None.




Postal services (CPC 7511)


(1), (2) and (3): Unbound.




Courier services (CPC 7512)
Services relating to the handling (1) of postal items (2) according to the following list of sub-sectors, whether for domestic or foreign destinations:






(i)


handling of addressed written communications on any kind of physical medium (3), including






—


hybrid mail service, and










—


direct mail;














(ii)


handling of addressed parcels and packages (4);










(iii)


handling of addressed press products (5);










(iv)


handling of items referred to in (i) to (iii) above as registered or insured mail;










(v)


express delivery services (6) for items referred to in (i) to (iii) above;










(vi)


handling of non-addressed items; and










(vii)


other services not elsewhere specified.






(1), (2) and (3): None, except:
That under Decreto Supremo No 5037 of 4 November 1960 of the Ministry of Internal Affairs (Ministerio del Interior) and Decreto con Fuerza de Ley No 10 of 30 January 1982 of the Ministry of Transports and Telecommunications (Ministerio de Transporte y Telecomunicaciones) or its successors, the State of Chile may exercise, through the Empresa de Correos de Chile, a monopoly on the admission, transport and delivery of postal items (objetos de correspondencia). ‘Postal items’ means: letters, simple and postage-paid postcards, business papers, newsletters and printed matters of all kinds, including printed matter in Braille, merchandise samples, small packages up to one kilogram and special postal service consisting in the recording and delivery of sound messages (fonos postales).




International long-distance telecommunications services


(1), (2) and (3): None.




Local basic telecommunication services and networks, intermediate telecommunications services, supplementary telecommunications services, and limited telecommunications services


(1), (2), and (3): None.




Construction services (CPC 511, 512, 513, 514, 515, 516, 517 and 518)


(1), (2), and (3): Unbound.




Commission agents' services (CPC 621)


(1), (2), and (3): None.




Wholesale trade services (CPC 622, 61111, 6113 and 6121)


(1), (2), and (3): None.




Retailing services (CPC 632, 61111, 6113 and 6121)


(1), (2), and (3): None.




Franchising (CPC 8929)


(1), (2), and (3): None.




Environmental services (CPC 940)


(1), (2), and (3): Unbound, except for consultancy services.




Education services (CPC 92)


(1), (2), and (3): Unbound.




Health services – hospital, ambulance, residential health services (CPC 93, 931 other than 9312, part of 93191, 9311, 93192, 93193, 93199)


(1), (2), and (3): Unbound.




Health and social services, including pension insurance


(1), (2), and (3): Unbound.




Social services, including pension insurance


(1), (2), and (3): Unbound.




Hotels and restaurants, including catering (CPC 641, 642 and 643)


(1), (2), and (3): None.




Travel agencies and tour operators services (CPC 74710)


(1), (2), and (3): None.




Tourist guide services (CPC 74720)


(1), (2), and (3): None.




Entertainment services, including theatre, live bands and circus services (CPC 9619)


(1), (2), and (3): None.




Libraries, archives, museums and other cultural services (CPC 963)


(1), (2), and (3): None.




Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other than 96492)


(1), (2), and (3): Unbound.




News agency services (CPC 962)


(1), (2), and (3): Unbound.




Sporting and other recreational services (CPC 9641)


(1), (2) and (3): None, except that a specific type of legal entity may be required for sporting organisations that develop professional activities. In addition, on a national treatment basis: (a) it is not permitted to participate with more than one team in the same category of a sport competition; (b) specific regulations may be established on equity ownership in sporting companies; and (c) minimal capital requirement may be imposed.




Gambling and betting services (CPC 96492)


(1), (2), and (3): Unbound.




Other recreational services n.e.c. (CPC 96499)


(1), (2), and (3): None.




Maritime transport services (CPC 721)
Passenger transportation (CPC 7211)


(1) and (2): None.






(3):








(a)


Establishment of registered company for the purpose of operating a fleet under the national flag of Chile: Unbound.










(b)


Other forms of commercial presence for the supply of international maritime transport services (7): None.












Freight transportation (CPC 7212)
Rental/Leasing of vessels including crew (CPC 7223)
Maintenance and repair of vessels (CPC 8868)
Pushing and towing services (CPC 72140)
Support services related to maritime transport (CPC 745)
Loading and unloading services (CPC 741)
Storage and warehouse services (CPC 742)


 




Internal waterways transport (CPC 722)


(1), (2), and (3): Unbound.




Rail transport and auxiliary services to rail transport


(1), (2), and (3): Unbound.




Road transport services: Freight transportation (CPC 7123)


(1), (2), and (3): None.




Road transport services: Rental of commercial vehicles with operator (CPC 71222 – Rental services of passenger cars with operator)


(1), (2), and (3): None.




Road transport services: Maintenance and repair of road transport equipment (CPC 6112 – Maintenance and repair services of motor vehicles)


(1), (2), and (3): None.




Road transport services: Supporting services for road transport services (CPC 7441 – Bus station services)


(1), (2), and (3): None.




Services auxiliary to all modes of transport: Cargo handling services (CPC 741)


(1), (2), and (3): None.




Services auxiliary to all modes of transport: Storage and warehouse services (CPC 742)


(1), (2), and (3): None.




Services auxiliary to all modes of transport: Freight transport agency services (CPC 748)


(1), (2), and (3): None.




Pipeline transport: transportation of fuels and other goods (CPC 7131)


(1), (2) and (3): None, except that the service has to be supplied by juridical persons established under Chilean law and the supply of the service may be subject to a concession on a national treatment basis.




Aircraft repair and maintenance services


(1): Unbound.
(2) and (3): None.




Selling and marketing of air transport services


(1), (2) and (3): None.




Computer reservation systems (CRS) services


(1), (2) and (3): None.




Ground handling services


(1), (2) and (3): None.




Specialty air services


(1), (2) and (3): Unbound.




Space transport and rental of space craft


(1), (2) and (3): Unbound.






(1)  The term ‘handling’ should be understood as including admission (admisión), transport (transporte) and delivery (entrega).

(2)  
            ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.

(3)  E.g. letter and postcards.

(4)  Books and catalogues are included hereunder.

(5)  Journals, newspapers and periodicals.

(6)  Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit or confirmation of receipt.

(7)  
            ‘Other forms of commercial presence for the supply of international maritime transport services’ means the ability of international maritime transport service suppliers of the other Party to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport service within which the maritime transport constitutes a substantial element. This commitment shall not, however, be construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery.
These activities include, but are not limited to:






(a)


marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;










(b)


the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated services;










(c)


the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;










(d)


the provision of business information by any means, including computerised information systems and electronic data interchange (subject to this Agreement);










(e)


the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping agency; and










(f)


acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.










ANNEX 17-D
EXPROPRIATION
The Parties confirm their shared understanding that:






(a)


expropriation under Article 17.19 may be either direct or indirect and:






(i)


direct expropriation occurs if an investment is nationalised or otherwise directly expropriated through formal transfer of title or outright seizure;










(ii)


indirect expropriation occurs if a measure or series of measures of a Party has an effect equivalent to direct expropriation, in that it substantially deprives the investor of the fundamental attributes of property in its investment, including the right to use, enjoy and dispose of its investment, without formal transfer of title or outright seizure;














(b)


the determination of whether a measure or series of measures of a Party, in a specific situation, constitutes an indirect expropriation requires a case-by-case, fact-based inquiry that considers, among other factors:






(i)


the economic impact of the measure or series of measures of a Party, although the sole fact that a measure or series of measures of a Party has an adverse effect on the economic value of an investment does not establish that an indirect expropriation has occurred;










(ii)


the duration of the measure or series of measures of a Party; and










(iii)


the character of the measure or series of measures of a Party, including their object, purpose and context;














(c)


for greater certainty, non-discriminatory measures of a Party that are designed and applied to achieve legitimate policy objectives, such as the protection of public health, social services, education, safety, the environment, including climate change, public morals, social or consumer protection, privacy and data protection, or the promotion and protection of cultural diversity, do not constitute indirect expropriations unless the impact of a measure or series of measures is so severe in light of its purpose that it is manifestly excessive.









ANNEX 17-E
TRANSFERS – CHILE (1)


1.   

Notwithstanding Article 17.20, Chile reserves the right of the Central Bank of Chile (Banco Central de Chile) to maintain or adopt measures in conformity with Law 18.840, Constitutional Organic Law of the Central Bank of Chile (Ley 18.840, Ley Orgánica Constitucional del Banco Central de Chile), Decree Law No3 of 1997, General Banking Act (Decreto con Fuerza de Ley No3 de 1997, Ley General de Bancos) and Law No18.45, Securities Market Law (Ley de Mercado de Valores No18.045), in order to ensure currency stability and the normal operation of domestic and foreign payments. Such measures include, inter alia, the establishment of restrictions or limitations on current payments and transfers (capital movements) to or from Chile, as well as transactions related to them, such as requiring that deposits, investments or credits from or to a foreign country, be subject to a reserve requirement (encaje).



2.   

Notwithstanding paragraph 1, the reserve requirement that the Central Bank of Chile can apply pursuant to Article 49 No2 of Law 18.840, shall not exceed 30 % of the amount transferred and shall not be imposed for a period which exceeds two years.




(1)  For greater certainty, this Annex shall apply to transfers covered by Article 17.20 and by Chapter 27.





ANNEX 17-F
AGREEMENTS BETWEEN MEMBER STATES AND CHILE REFERRED TO IN ARTICLE 17.23

1.   

Agreement between the Belgo-Luxembourg Economic Union and the Republic of Chile on the Promotion and Reciprocal Protection of Investments, done in Brussels on 15 July 1992;



2.   

Agreement between the Government of the Czech Republic and the Government of the Republic of Chile on the Reciprocal Promotion and Protection of Investments, done in Prague on 24 April 1995;



3.   

Agreement between the Government of the Kingdom of Denmark and the Government of the Republic of Chile concerning the Promotion and Reciprocal Protection of Investments, done in Copenhagen on 28 May 1993;



4.   

Treaty between the Republic of Chile and the Federal Republic of Germany on the Promotion and Reciprocal Protection of Investments (Vertrag zwischen der Bundesrepublik Deutschland und der Republik Chile über die Förderung und den gegenseitigen Schutz von Kapitalanlagen), done in Santiago de Chile on 21 October 1991;



5.   

Agreement between the Government of the Hellenic Republic and the Government of the Republic of Chile on the Promotion and Reciprocal Protection of Investments, done in Athens on 10 July 1996;



6.   

Agreement between the Kingdom of Spain and the Republic of Chile on the Reciprocal Protection and Promotion of Investments, done in Santiago de Chile on 2 October 1991;



7.   

Agreement between the Government of the Republic of France and the Government of the Republic of Chile on the Reciprocal Promotion and Protection of Investments, done in Paris on 4 July 1992;



8.   

Agreement between the Government of the Republic of Croatia and the Government of the Republic of Chile on the Reciprocal Promotion and Protection of Investments, done in Santiago de Chile on 28 November 1994;



9.   

Agreement between the Government of the Republic of Chile and the Government of the Italian Republic on the Promotion and Protection of Investments, done at Santiago de Chile on 8 March 1993;



10.   

Agreement between the Republic of Austria and the Republic of Chile on the Promotion and Reciprocal Protection of Investments, done in Santiago de Chile on 8 September 1997;



11.   

Agreement between the Government of the Republic of Poland and the Government of the Republic of Chile on the Reciprocal Promotion and Protection of Investments, done in Warsaw on 5 July 1995;



12.   

Agreement between the Portuguese Republic and the Republic of Chile on the Promotion and Reciprocal Protection of Investments, done in Lisbon on 28 April 1995;



13.   

Agreement between the Government of Romania and the Government of the Republic of Chile on the Reciprocal Promotion and Protection of Investments, done in Bucharest on 4 July 1995;



14.   

Agreement between the Government of the Republic of Finland and the Government of the Republic of Chile on the Promotion and Reciprocal Protection of Investments, done at Helsinki on 27 May 1993;



15.   

Agreement between the Government of the Kingdom of Sweden and the Government of the Republic of Chile on the Promotion and Reciprocal Protection of Investments, done in Stockholm on 24 May 1993.







ANNEX 17-G
PUBLIC DEBT

1.   

No claim that a restructuring of debt of a Party breaches an obligation under Section C of Chapter 17 may be submitted or, if already submitted, be pursued under Section D of that Chapter, if the restructuring is a negotiated restructuring at the time of submission or becomes a negotiated restructuring after such submission.



2.   

Notwithstanding Article 17.30, and subject to paragraph 1 of this Annex, an investor of the other Party may not submit a claim under Section D of Chapter 17 that a restructuring of debt of a Party breaches Article 17.9 or 17.11 (1) or an obligation under Section C of Chapter 17, unless 270 days have elapsed from the date of submission by the claimant of the written request for consultations pursuant to Article 17.27.



3.   
For the purposes of this Annex:






(a)


‘negotiated restructuring’ means the restructuring or rescheduling of debt of a Party that has been effected through (i) a modification or amendment of debt instruments, as provided for under their terms, including their governing law, or (ii) a debt exchange or other similar process in which the holders of no less than 66 % of the aggregate principal amount of the outstanding debt subject to restructuring, excluding debt held by that Party or by entities owned or controlled by it, have consented to such debt exchange or other process;










(b)


‘governing law of a debt instrument’ means the legal and regulatory framework applicable to a debt instrument.






4.   

For greater certainty, ‘debt of a Party’ includes, in the case of the EU Party, debt of a government of a Member State at the central or at regional or local level.




(1)  For greater certainty, a breach of Article 17.9 or Article 17.11 does not occur merely by virtue of a different treatment provided by a Party to certain categories of investors or investments on grounds of a different macroeconomic impact, for instance to avoid systemic risks or spillover effects, or on grounds of eligibility for debt restructuring.





ANNEX 17-H
MEDIATION MECHANISM FOR INVESTOR-TO-STATE DISPUTES
1.   Initiation of the procedure






(a)


A disputing party may request, at any time, the commencement of a mediation procedure. Such request shall be addressed to the other disputing party in writing. If the request concerns an alleged breach of the provisions referred to in Article 17.25(1) by the authorities of the EU Party, and no respondent has been determined pursuant to Article 17.28, such request shall be addressed to the European Union. If the request is accepted, the response shall specify whether the European Union or the Member State concerned shall be a party to the mediation (1).










(b)


The disputing party to which such request is addressed shall give sympathetic consideration to the request and accept or reject it in writing within 20 working days of its receipt.




2.   Rules of the mediation procedure






(a)


The disputing parties shall endeavour to reach a mutually agreed solution within 90 days of the appointment of the mediator. Pending a final agreement, the disputing parties may consider possible interim solutions.










(b)


Mutually agreed solutions shall be made publicly available. However, the version disclosed to the public may not contain any information that a disputing party has designated as confidential or protected.




3.   Relationship to dispute settlement






(a)


The procedure under this mediation mechanism is not intended to serve as a basis for dispute settlement procedures under this Agreement or any other agreement. A disputing party shall not rely on or introduce as evidence in such dispute settlement procedures, nor shall any adjudicative body take into consideration, the following:






(i)


positions taken by a disputing party in the course of the mediation procedure;










(ii)


the fact that a disputing party has indicated its willingness to accept a solution to the measure subject to mediation; or










(iii)


advice given or proposals made by the mediator.














(b)


The mediation mechanism is without prejudice to the rights and obligations of the Parties and the disputing parties under Section D of Chapter 17 and under Chapter 38.










(c)


Unless the disputing parties agree otherwise, and without prejudice to Article 17.27, all steps of the procedure, including any advice or proposed solution, shall be confidential. The Party engaged in mediation may disclose to the public that mediation is taking place.






(1)  For greater certainty, where the request concerns an alleged breach by the European Union, the party to the mediation shall be the European Union and any Member State concerned shall be fully associated in the mediation. Where the request concerns exclusively an alleged breach by a Member State, the party to the mediation shall be the Member State concerned, unless it requests the European Union to be party.





ANNEX 17-I
CODE OF CONDUCT FOR JUDGES, MEMBERS AND MEDIATORS
1.   Scope
This Code of Conduct applies to Judges, Members of the Appeal Tribunal and Candidates, and, mutatis mutandis, to mediators, in accordance with Section D of Chapter 17.
2.   Definitions
For the purposes of this Code of Conduct:






(a)


‘Candidate’ means a natural person who is under consideration for appointment as a Judge or as a Member of the Appeal Tribunal, but who has not yet been confirmed in such role;










(b)


‘ex parte communication’ means any communication by a Judge or a Member of the Appeal Tribunal with a disputing party, its counsel, affiliate, subsidiary or other related person concerning proceedings before the Tribunal or Appeal Tribunal, without the presence or knowledge of the other disputing party or its counsel;










(c)


‘Judge’ means a natural person who has been appointed to the Tribunal of first instance; and










(d)


‘Member of the Appeal Tribunal’ means a natural person who has been appointed to the Appeal Tribunal.




3.   Independence and impartiality






(a)


Judges and Members of the Appeal Tribunal shall be independent and impartial.










(b)


The obligations under subparagraph (a) include the following:






(i)


not to be influenced by loyalty to a disputing party or any other person or entity;










(ii)


not to take instructions from any government or organisation or person on any matter addressed in proceedings before the Tribunal or the Appeal Tribunal;










(iii)


not to be influenced by any past, present or prospective financial, business, professional or personal relationship;










(iv)


not to use their position to advance any financial or personal interest they might have in a disputing party or in the outcome of proceedings before the Tribunal or the Appeal Tribunal;










(v)


not to assume any function or accept any benefit that would interfere with the performance of their duties; or










(vi)


not to take any action that creates an appearance of a lack of independence or impartiality.








4.   Limit on multiple roles






(a)


A Judge or a Member of the Appeal Tribunal shall not exercise any political or administrative function. A Judge or a Member of the Appeal Tribunal shall not engage in any other occupation of a professional nature which is incompatible with the obligation of independence and impartiality, or with the demands of the terms of office. In particular, a Judge or a Member of the Appeal Tribunal shall not act as a counsel or party-appointed expert or witness in another proceeding in accordance with Article 17.36(1).










(b)


A Judge or a Member of the Appeal Tribunal shall declare any other function or occupation to the Joint Committee and to the President of the Tribunal or President of the Appeal Tribunal, as appropriate. Any question regarding subparagraph (a) shall be settled by the President of the Tribunal or President of the Appeal Tribunal.










(c)


A former Judge or Member of the Appeal Tribunal shall not become involved in any manner in any proceedings before the Tribunal or Appeal Tribunal which were pending during that Judge or Member's term of office.










(d)


A former Judge or Member of the Appeal Tribunal shall not act as counsel, or as party-appointed expert or witness in any proceedings before the Tribunal or Appeal Tribunal for a period of three years following the end of the term of office of that Judge or Member.




5.   Duty of diligence
A Judge or a Member of the Appeal Tribunal shall perform the duties of that office diligently in accordance with the terms of office.
6.   Integrity and competence






(a)


A Judge or a Member of the Appeal Tribunal shall:






(i)


conduct the proceedings competently and in accordance with high standards of integrity, fairness and civility;










(ii)


possess the necessary competence and skills and make all reasonable efforts to maintain and enhance the knowledge, skills and qualities necessary to perform the duties of that office; and










(iii)


not delegate the decision-making function.








7.   Ex parte communication

Ex parte communication is prohibited, unless permitted by the applicable rules on dispute settlement.
8.   Confidentiality






(a)


Unless permitted by the applicable rules on dispute settlement, a Judge, a Member of the Appeal Tribunal or a former Judge or Member of the Appeal Tribunal shall not:






(i)


disclose or use any information concerning, or acquired in connection with, proceedings before the Tribunal or Appeal Tribunal;










(ii)


disclose any draft decision prepared in proceedings before the Tribunal or Appeal Tribunal; or










(iii)


disclose the contents of the deliberations in proceedings before the Tribunal or Appeal Tribunal.














(b)


Unless permitted by the applicable rules on dispute settlement, a Judge or Member of the Appeal Tribunal shall not comment on a decision rendered in proceedings before the Tribunal or Appeal Tribunal, and a former Judge or Member of the Appeal Tribunal shall not comment on a decision rendered in proceedings before the Tribunal or Appeal Tribunal for a period of three years following the end of the term of office of that Judge or Member.










(c)


The obligations laid down in this paragraph shall not apply if and to the extent that a Judge or a Member of the Appeal Tribunal, or a former Judge or Member of the Appeal Tribunal, is legally compelled to disclose the information in a court or other competent body or needs to disclose such information to protect or pursue the legal rights of that Judge or Member or in relation to legal proceedings before a court or other competent body.




9.   Disclosure obligations






(a)


A Candidate and a Judge or a Member of the Appeal Tribunal shall disclose any circumstances likely to give rise to justifiable doubts as to the independence or impartiality of that Candidate, Judge or Member of the Appeal Tribunal.










(b)


Regardless of whether required under subparagraph (a), a Candidate shall disclose all proceedings in which that Candidate is currently or has been involved in the past five years as an arbitrator, counsel, expert or witness.










(c)


Regardless of whether required under subparagraph (a), the following information shall be disclosed by a Judge or a Member of the Appeal Tribunal with regard to proceedings in which that Judge or Member of the Appeal Tribunal is adjudicating or is expected to adjudicate:






(i)


any financial, business, professional or close personal relationship in the past five years with:






(A)


a disputing party in the proceedings;










(B)


the counsel of a disputing party in the proceedings;










(C)


an expert or witness in the proceedings; or










(D)


any person or entity identified by a disputing party as being related, or as having a direct or indirect interest in the outcome of the proceedings, including a third-party funder; and














(ii)


any financial or personal interest in:






(A)


the outcome of the proceedings;










(B)


any other proceedings involving the same measure; or










(C)


any other proceedings involving a disputing party or a person or an entity identified by a disputing party as being related.


















(d)


For the purposes of subparagraphs (a), (b) and (c), a Candidate and a Judge or a Member of the Appeal Tribunal shall make all reasonable efforts to become aware of the circumstances or information referred to in those subparagraphs.










(e)


A Candidate shall make the disclosure to the Joint Committee referred to in this paragraph prior to confirmation of that Candidate's appointment as a Judge or a Member of the Appeal Tribunal.










(f)


A Judge or a Member of the Appeal Tribunal shall make the disclosure in accordance with the applicable rules on dispute settlement, as soon as that Judge or Member of the Appeal Tribunal becomes aware of the circumstances and information referred to in subparagraphs (a) and (c). Such disclosure shall be made to the President of the Tribunal or President of the Appeal Tribunal, as appropriate. A Judge or a Member of the Appeal Tribunal shall have a continuing duty to make further disclosures based on new or newly discovered circumstances and information.










(g)


Any Candidate, Judge or Member of the Appeal Tribunal shall err in favour of disclosure if that Candidate, Judge or Member of the Appeal Tribunal has any doubt as to whether a disclosure shall be made.










(h)


The fact of non-disclosure does not in itself necessarily establish a lack of independence or impartiality.




10.   Compliance with the Code
Compliance with this Code shall be governed by the rules of Section D of Chapter 17.





ANNEX 19-A
BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES, INTRA-CORPORATE TRANSFEREES, INVESTORS AND SHORT-TERM BUSINESS VISITORS

1.   

Any existing non-conforming measure listed in this Annex may be maintained, continued, promptly renewed, or modified, provided that the modification does not decrease the conformity of such measure with Articles 19.3 and 19.4, as it existed immediately before the modification.



2.   

Articles 19.3 and 19.4 do not apply to any existing non-conforming measure listed in this Annex, to the extent of the non-conformity.



3.   

In addition to non-conforming measures listed in this Annex, each Party may adopt or maintain a measure relating to qualification requirements, qualification procedures, technical standards, licensing requirements or licensing procedures that does not constitute a limitation within the meaning of Articles 19.3 and 19.4. Those measures may include the need to obtain a licence, obtain recognition of qualifications in regulated sectors or to pass specific examinations, such as language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, or any other non-discriminatory requirements under which it is not allowed to carry out certain activities in protected zones or areas. Although they are not listed in this Annex, such measures continue to apply.



4.   

The schedules in paragraphs 7 and 8 of this Annex apply only to the territories of the EU Party and Chile in accordance with Article 41.2 and are only relevant in the context of trade relations between the EU Party and Chile. Those schedules do not affect the rights and obligations of the Member States under European Union law.



5.   
For greater certainty, the obligation of the EU Party to grant national treatment does not entail the requirement to extend to natural or juridical persons of Chile the treatment granted in a Member State, pursuant to the Treaty on the Functioning of the European Union, or to any measure adopted pursuant to that Treaty, including their implementation in a Member State, to:






(a)


natural persons or residents of another Member State; or










(b)


juridical persons constituted or organised under the law of another Member State or of the European Union and having their registered office, central administration or principal place of business in the EU Party.






6.   
The following abbreviations are used in the paragraphs below:






 


AT Austria










 


BE Belgium










 


BG Bulgaria










 


CY Cyprus










 


CZ Czechia










 


DE Germany










 


DK Denmark










 


EE Estonia










 


EL Greece










 


ES Spain










 


EU European Union, including all its Member States










 


FI Finland










 


FR France










 


HR Croatia










 


HU Hungary










 


IE Ireland










 


IT Italy










 


LT Lithuania










 


LU Luxembourg










 


LV Latvia










 


MT Malta










 


NL The Netherlands










 


PL Poland










 


PT Portugal










 


RO Romania










 


SE Sweden










 


SI Slovenia










 


SK Slovakia






7.   
The non-conforming measures of the EU Party are:






 


Business visitors for establishment purposes






All sectors


AT, CZ: Business visitor for establishment purposes needs to work for an enterprise other than a non-profit organisation, otherwise: Unbound.
SK: Business visitor for establishment purposes needs to work for an enterprise other than a non-profit organisation, otherwise: Unbound. Work permit required, including economic needs test.
CY: Permissible length of stay: up to 90 days in any 12-month period. Business visitor for establishment purposes needs to work for an enterprise other than a non-profit organisation, otherwise: Unbound.














 


Intra-corporate transferees






All sectors


AT, CZ, SK: Intra-corporate transferees need to be employed by an enterprise other than a non-profit organisation, otherwise: Unbound.
FI: Senior personnel needs to be employed by an enterprise other than a non-profit organisation.
HU: Natural persons who have been a partner in an enterprise do not qualify to be transferred as intra-corporate transferees.
Trainee employees
AT, CZ, DE, FR, ES, HU, LT: Training of the trainee employee must be linked to the university degree which has been obtained.














 


Short-term business visitors






All short-term business visitors


CY, DK, HR: Work permit, including economic needs test, required in cases where the short-term business visitor supplies a service.
LV: Work permit required for operations or activities to be performed on the basis of a contract.
MT: Work permit required. No economic needs tests performed.
SI: A single residency and work permit is required for the supply of services exceeding 14 days at a time and for certain activities (research and design; training seminars; purchasing; commercial transactions; translation and interpretation). An economic needs test is not required.
SK: In the case of supplying a service in the territory of Slovakia, a work permit, including an economic needs test, is required beyond seven days in a month or 30 days in calendar year.




Installers and maintainers


AT: Work permit required, including economic needs test. Economic needs test is waived for natural persons training workers to supply services and possessing specialised knowledge.
CY: Work permit is required beyond seven days in a month or 30 days in calendar year.
CZ: Work permit is required if work exceeds seven consecutive calendar days or a total of 30 days in a calendar year.
ES: Work permit required. Installers, repair and maintainers shall be employed as such by the juridical person supplying the good or service or by an enterprise which is a member of the same group as the originating juridical person for at least three months immediately preceding the date of submission of an application for entry, and they shall possess at least three years of relevant professional experience, if applicable, obtained after the age of majority.
FI: Depending on the activity, a residence permit may be required.
SE: Work permit required, except for: (i) natural persons who participate in training, testing, preparation or completion of deliveries, or similar activities within the framework of a business transaction; or (ii) fitters or technical instructors in connection with urgent installation or repair of machinery for up to two months, in the context of an emergency. No economic needs test required.














 


Investors






All sectors:


AT: Economic needs test.
CY: Maximum stay of 90 days within any six-month period.
CZ, SK: Work permit, including economic needs test, required in case of investors employed by an enterprise.
DK: Maximum stay of 90 days within any six-month period. If investors wish to establish a business in Denmark as self-employed, a work permit is required.
FI: Investors need to be employed by an enterprise other than a non-profit organisation, in a position of middle or top management.
HU: Maximum length of stay 90 days if the investor is not employed by an enterprise in Hungary. Economic needs test required if the investor is employed by an enterprise in Hungary.
IT: Economic needs test required if the investor is not employed by an enterprise.
LT, NL, PL: The category of investors is not recognised with regard to natural persons representing the investor.
LV: For pre-investment phase maximum length of stay is limited to 90 days within any six-month period. Extension in post-investment phase to one year, subject to criteria in national legislation such as field and amount of investment made.
SE: Work permit required if investor considered to be employed.










8.   
The non-conforming measures of Chile are:






 


Business visitors for establishment purposes






All sectors


None














 


Intra-corporate transferees






All sectors


None














 


Short-term business visitors






All sectors


None














 


Investors






All sectors


None








The activities that short-term business visitors of the EU Party are permitted to engage in, provided that their principal place of business, actual place of remuneration and predominant place of accrual of profits remain outside Chile, are:






(a)


attending meetings or conferences, or engaging in consultations with business colleagues;










(b)


taking orders from or negotiating contracts with an enterprise located in Chile but not selling goods or providing services to the general public;










(c)


undertaking business consultations concerning the establishment, expansion or winding up of an enterprise or investment in Chile; or










(d)


installing, repairing or maintaining equipment or machinery, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale or lease of such equipment or machinery, during the life of the warranty or service agreement.










ANNEX 19-B
CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS








1.


Each Party shall allow the supply of services in its territory by contractual services suppliers or independent professionals of the other Party through the presence of natural persons, in accordance with Article 19.5, for the sectors listed in this Annex and subject to the relevant limitations.












2.


The lists in paragraphs 11 and 12 are composed of the following elements:






(a)


a first column, indicating the sector or sub-sector for which the category of contractual services suppliers and independent professionals is liberalised; and










(b)


a second column, describing the applicable limitations.
















3.


In addition to the list of reservations in this Annex, each Party may adopt or maintain a measure relating to qualification requirements, qualification procedures, technical standards, licensing requirements or licensing procedures that does not constitute a limitation within the meaning of Article 19.5. Those measures may include the need to obtain a licence, obtain recognition of qualifications in regulated sectors or to pass specific examinations, such as language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, or any other non-discriminatory requirements under which it is not allowed to carry out certain activities in protected zones or areas. Although they are not listed in this Annex, such measures continue to apply.












4.


The Parties do not undertake any commitment for contractual services suppliers and independent professionals in economic activities which are not listed in this Annex.












5.


In the sectors where economic needs tests are applied, their main criteria will be the assessment of:






(a)


for Chile, the relevant market situation in Chile; and










(b)


for the EU Party, the relevant market situation in the Member State or the region where the service is to be provided, including with respect to the number of, and the impact on, service suppliers who are already supplying a service when the assessment is made.
















6.


The schedules in paragraphs 11 to 12 of this Annex apply only to the territories of the EU Party and Chile in accordance with Article 41.2 and are only relevant in the context of trade relations between the EU Party and Chile. Those schedules do not affect the rights and obligations of the Member States under European Union law.












7.


For greater certainty, the obligation of the EU Party to grant national treatment does not entail the requirement to extend to natural or juridical persons of Chile the treatment granted in a Member State, pursuant to the Treaty on the Functioning of the European Union, or to any measure adopted pursuant to that Treaty, including their implementation in a Member State, to:






(a)


natural persons or residents of another Member State; or










(b)


juridical persons constituted or organised under the law of another Member State or of the European Union and having their registered office, central administration or principal place of business in the EU Party.
















8.


The following abbreviations are used in the lists below:






 


AT Austria










 


BE Belgium










 


BG Bulgaria










 


CY Cyprus










 


CZ Czechia










 


DE Germany










 


DK Denmark










 


EE Estonia










 


EL Greece










 


ES Spain










 


EU European Union, including all its Member States










 


FI Finland










 


FR France










 


HR Croatia










 


HU Hungary










 


IE Ireland










 


IT Italy










 


LT Lithuania










 


LU Luxembourg










 


LV Latvia










 


MT Malta










 


NL Netherlands










 


PL Poland










 


PT Portugal










 


RO Romania










 


SE Sweden










 


SI Slovenia










 


SK Slovakia










 


CSS Contractual Services Suppliers










 


IP Independent Professionals








Contractual Services Suppliers








9.


Subject to the list of reservations in paragraphs 11 and 12 of this Annex, the Parties undertake commitments in accordance with Article 19.5 with respect to contractual services suppliers in the following sectors or sub-sectors:






(a)


Legal services for legal advice in respect of public international law and home jurisdiction law;










(b)


Accounting and bookkeeping services;










(c)


Taxation advisory services;










(d)


Architectural services and urban planning and landscape architectural services;










(e)


Engineering services and integrated engineering services;










(f)


Medical and dental services;










(g)


Veterinary services;










(h)


Midwives services;










(i)


Services provided by nurses, physiotherapists and paramedical personnel;










(j)


Computer and related services;










(k)


Research and development services;










(l)


Advertising services;










(m)


Market research and opinion polling;










(n)


Management consulting services;










(o)


Services related to management consulting;










(p)


Technical testing and analysis services;










(q)


Related scientific and technical consulting services;










(r)


Mining;










(s)


Maintenance and repair of vessels;










(t)


Maintenance and repair of rail transport equipment;










(u)


Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment;










(v)


Maintenance and repair of aircrafts and parts thereof;










(w)


Maintenance and repair of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and household goods;










(x)


Translation and interpretation services;










(y)


Telecommunication services;










(z)


Postal and courier services;










(aa)


Construction and related engineering services;










(bb)


Site investigation work;










(cc)


Higher education services;










(dd)


Services relating to agriculture, hunting and forestry;










(ee)


Environmental services;










(ff)


Insurance and insurance related services (advisory and consulting services);










(gg)


Other financial services (advisory and consulting services);










(hh)


Other financial services listed in Annex 25 – only for Chile;










(ii)


Transport advisory and consulting services;










(jj)


Travel agencies and tour operators services;










(kk)


Tourist guides services;










(ll)


Manufacturing advisory and consulting services.








Independent Professionals








10.


Subject to the list of reservations in paragraphs 11 and 12 of this Annex, the Parties undertake commitments in accordance with Article 19.5 with respect to independent professionals in the following sectors or sub-sectors:






(a)


Legal services for legal advice in respect of public international law and home jurisdiction law;










(b)


Architectural services and urban planning and landscape architectural services;










(c)


Engineering services and integrated engineering services;










(d)


Computer and related services;










(e)


Research and development services;










(f)


Market research and opinion polling;










(g)


Management consulting services;










(h)


Services related to management consulting;










(i)


Mining;










(j)


Translation and interpretation services;










(k)


Telecommunication services;










(l)


Postal and courier services










(m)


Higher education services;










(n)


Insurance related services (advisory and consulting services);










(o)


Other financial services (advisory and consulting services);










(p)


Other financial services listed in Annex 25 – only for Chile;










(q)


Transport advisory and consulting services;










(r)


Manufacturing advisory and consulting services.
















11.


The reservations of the EU Party are:






Sector or sub-sector


Description of reservations




All sectors


CSS:
EU: The number of persons covered by the service contract shall not be larger than the number necessary to fulfil the contract, as may be required by the laws and regulations of the Party where the service is supplied.




Legal services for legal advice in respect of public international law and home jurisdiction law (part of CPC 861)


CSS:
In AT, BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, PT, SE: None.
In BG, CZ, DK, FI, HU, LT, LV, MT, RO, SI, SK: Economic needs test.
IP:
In AT, CY, DE, EE, FR, HR, IE, LU, LV, NL, PL, PT, SE: None.
In BE, BG, CZ, DK, EL, ES, FI, HU, IT, LT, MT, RO, SI, SK: Economic needs tests.




Accounting and bookkeeping services (CPC 86212 other than ‘auditing services’, 86213, 86219 and 86220)


CSS:
In AT, BE, DE, EE, ES, HR, IE, IT, LU, NL, PL, PT, SI, SE: None.
In BG, CZ, CY, DK, EL, FI, FR, HU, LT, LV, MT, RO, SK: Economic needs test.
IP:
EU: Unbound.




Taxation advisory services (CPC 863) (1)



CSS:
In AT, BE, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE: None.
In BG, CZ, CY, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.
In PT: Unbound.
IP:
EU: Unbound.




Architectural services and urban planning and landscape architectural services (CPC 8671 and 8674)


CSS:
In BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.
In FI: None, except: The natural person must demonstrate that it possesses special knowledge relevant to the service being supplied.
In BG, CZ, DE, HU, LT, LV, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
In AT: Planning services only, where: Economic needs test.
IP:
In CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE: None.
In FI: None, except: The natural person must demonstrate that it possesses special knowledge relevant to the service being supplied.
In BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
In AT: Planning services only, where: Economic needs test.




Engineering services and integrated engineering services (CPC 8672 and 8673)


CSS:
In BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.
In FI: None, except: The natural person must demonstrate that it possesses knowledge relevant to the service being supplied.
In BG, CZ, DE, HU, LT, LV, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
In AT: Planning services only, where: Economic needs test.
IP:
In CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE: None.
In FI: None, except: The natural person must demonstrate that it possesses knowledge relevant to the service being supplied.
In BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
In AT: Planning services only, where: Economic needs test.




Medical (including psychologists) and dental services (CPC 9312 and part of 85201)


CSS:
In SE: None.
In CY, CZ, DE, DK, EE, ES, IE, IT, LU, MT, NL, PL, PT, RO, SI: Economic needs test.
In FR: Economic needs test, except for psychologists, where: Unbound.
In AT: Unbound, except for psychologists and dental services, where: Economic needs test.
In BE, BG, EL, FI, HR, HU, LT, LV, SK: Unbound.
IP:
EU: Unbound.




Veterinary services (CPC 932)


CSS:
In SE: None.
In CY, CZ, DE, DK, EE, EL, ES, FI, FR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SI: Economic needs test.
In AT, BE, BG, HR, HU, LV, SK: Unbound.
IP:
EU: Unbound.




Midwives services (part of CPC 93191)


CSS:
In IE, SE: None.
In AT, CY, CZ, DE, DK, EE, EL, ES, FR, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI: Economic needs test.
In BE, BG, FI, HR, HU, SK: Unbound.
IP:
EU: Unbound.




Services provided by nurses, physiotherapists and paramedical personnel (part of CPC 93191)


CSS:
In IE, SE: None.
In AT, CY, CZ, DE, DK, EE, EL, ES, FR, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI: Economic needs test.
In BE, BG, FI, HR, HU, SK: Unbound.
IP:
EU: Unbound.




Computer and related services (CPC 84)


CSS:
In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, LV, MT, NL, PL, PT, SI, SE: None.
In FI: None, except: The natural person must demonstrate that it possesses special knowledge relevant to the service being supplied.
In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test except for CSS stays of up to three months.
IP:
In DE, EE, EL, FR, IE, LU, LV, MT, NL, PL, PT, SI, SE: None.
In FI: None, except: The natural person must demonstrate that it possesses special knowledge relevant to the service being supplied.
In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
In HR: Unbound.




Research and development services (CPC 851, 852 excluding psychologists services (2), and 853)


CSS:
EU except in NL, SE: A hosting agreement with an approved research organisation is required (3).
EU except in CZ, DK, SK: None.
In CZ, DK, SK: Economic needs test.
IP:
EU except in NL, SE: A hosting agreement with an approved research organisation is required (4).
EU except in BE, CZ, DK, IT, SK: None.
In BE, CZ, DK, IT, SK: Economic needs test.




Advertising services (CPC 871)


CSS:
In BE, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.
IP:
EU: Unbound, except NL.
In NL: None.




Market research and opinion polling services (CPC 864)


CSS:
In BE, DE, EE, ES, FR, IE, IT, LU, NL, PL, SE: None.
In AT, BG, CZ, CY, DK, EL, FI, HR, LV, MT, RO, SI, SK: Economic needs test.
In PT: None, except for public opinion polling services (CPC 86402), where: Unbound.
In HU, LT: Economic needs test, except for public opinion polling services (CPC 86402), where: Unbound.
IP:
In DE, EE, FR, IE, LU, NL, PL, SE: None.
In AT, BE, BG, CZ, CY, DK, EL, ES, FI, HR, IT, LV, MT, RO, SI, SK: Economic needs test.
In PT: None, except for public opinion polling services (CPC 86402), where: Unbound.
In HU, LT: Economic needs test, except for public opinion polling services (CPC 86402), where: Unbound.




Management consulting services (CPC 865)


CSS:
In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
IP:
In CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BE, BG, CZ, DK, ES, HR, HU, IT, LT, RO, SK: Economic needs test.




Services related to management consulting (CPC 866)


CSS:
In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
In HU: Economic needs test, except for arbitration and conciliation services (CPC 86602), where: Unbound.
IP:
In CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BE, BG, CZ, DK, ES, HR, IT, LT, RO, SK: Economic needs test.
In HU: Economic needs test, except for arbitration and conciliation services (CPC 86602), where: Unbound.




Technical testing and analysis services (CPC 8676)


CSS:
In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE: None.
In AT, BG, CZ, CY, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
IP:
EU: Unbound, except NL.
In NL: None.




Related scientific and technical consulting services (CPC 8675)


CSS:
In BE, EE, EL, ES, HR, IE, IT, LU, NL, PL, SI, SE: None.
In AT, CZ, CY, DE, DK, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.
In DE: None, except for publicly appointed surveyors, where: Unbound.
In FR: None, except for ‘surveying’ operations relating to the establishment of property rights and to land law, where: Unbound.
In BG: Unbound.
IP:
EU: Unbound, except NL.
In NL: None.




Mining (CPC 883, advisory and consulting services only)


CSS:
In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ,CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
IP:
In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, PL, RO, SK: Economic needs test.




Maintenance and repair of vessels (part of CPC 8868)


CSS:
In BE, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, MT, RO, SK: Economic needs test.
IP:
EU: Unbound, except NL.
In NL: None.




Maintenance and repair of rail transport equipment (part of CPC 8868)


CSS:
In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test.
IP:
EU: Unbound, except NL.
In NL: None.




Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment (CPC 6112, 6122, part of 8867 and part of 8868)


CSS:
In BE, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, MT, RO, SK: Economic needs test.
IP:
EU: Unbound, except NL.
In NL: None.




Maintenance and repair of aircraft and parts thereof (part of CPC 8868)


CSS:
In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test.
IP:
EU: Unbound, except NL.
In NL: None.




Maintenance and repair of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and household goods (5) (CPC 633, 7545, 8861, 8862, 8864, 8865 and 8866)


CSS:
In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, DE, DK, HU, IE, LT, RO, SK: Economic needs test.
In FI: Unbound, except in the context of an after-sales or after-lease contract; for maintenance and repair of personal and household goods (CPC 633): Economic needs test.
IP:
EU: Unbound, except NL.
In NL: None.




Translation and interpretation services (CPC 87905, excluding official or certified activities)


CSS:
In BE, CY, DE, EE, EL, ES, FR, HR, IT, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, DK, FI, HU, IE, LT, LV, RO, SK: Economic needs test.
IP:
In CY, DE, EE, FR, LU, LV, MT, NL, PL, PT, SI, SE: None.
In AT, BE, BG, CZ, DK, EL, ES, FI, HU, IE, IT, LT, RO, SK: Economic needs test.
In HR: Unbound.




Telecommunication services (CPC 7544, advisory and consulting services only)


CSS:
In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
IP:
In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, RO, SK: Economic needs test.




Postal and courier services (CPC 751, advisory and consulting services only)


CSS:
In BE, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, FI, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
IP:
In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BE, BG, CZ, CY, DK, ES, FI, HU, IT, LT, RO, SK: Economic needs test.




Construction and related engineering services (CPC 511, 512, 513, 514, 515, 516, 517 and 518. BG: CPC 512, 5131, 5132, 5135, 514, 5161, 5162, 51641, 51643, 51644, 5165 and 517)


CSS:
EU: Unbound except in BE, CZ, DK, ES, NL and SE.
In BE, DK, ES, NL, SE: None.
In CZ: Economic needs test.
IP:
EU: Unbound, except NL. In NL: None.




Site investigation work (CPC 5111)


CSS:
In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, FI, HU, LT, LV, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
IP:
EU: Unbound.




Higher education services (CPC 923)


CSS:
EU except in LU, SE: Unbound.
In LU: Unbound, except for university professors, where: None.
In SE: None, except for publicly funded and privately funded educational services suppliers with some form of State support, where: Unbound.
IP:
EU except in SE: Unbound.
In SE: None, except for publicly funded and privately funded educational services suppliers with some form of State support, where: Unbound.




Services relating to agriculture, hunting and forestry (CPC 881, advisory and consulting services only)


CSS:
EU except in BE, DE, DK, ES, FI, HR and SE: Unbound.
In BE, DE, ES, HR, SE: None.
In DK: Economic needs test.
In FI: Unbound, except for advisory and consulting services relating to forestry, where: None.
IP:
EU: Unbound.




Environmental services (CPC 9401, 9402, 9403, 9404, part of 94060, 9405, part of 9406 and 9409)


CSS:
In BE, EE, ES, FI, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, DE, DK, EL, HU, LT, LV, RO, SK: Economic needs test.
IP:
EU: Unbound.




Insurance and insurance related services (advisory and consulting services only)


CSS:
In BE, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ,CY, FI, LT, RO, SK: Economic needs test.
In DK: Economic needs test except for CSS stays of up to three months.
In HU: Unbound.
IP:
In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
In AT, BE, BG, CZ, CY, DK, ES, FI, IT, LT, PL, RO, SK: Economic needs test.
In HU: Unbound.




Other financial services (advisory and consulting services only)


CSS:
In BE, DE, ES, EE, EL, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, FI, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS that stays of up to three months.
In HU: Unbound.
IP:
In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
In AT, BE, BG, CZ, CY, DK, ES, FI, IT, LT, PL, RO, SK: Economic needs test.
In HU: Unbound.




Transport (CPC 71, 72, 73, and 74, advisory and consulting services only)


CSS:
In DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
In BE: Unbound.
IP:
In CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
In AT, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
In PL: Economic needs test, except for air transport, where: None.
In BE: Unbound.




Travel agencies and tour operators services (including tour managers (6))
(CPC 7471)


CSS:
In AT, CY, CZ, DE, EE, ES, FR, HR, IT, LU, NL, PL, SI, SE: None.
In BG, EL, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
In BE, IE: Unbound, except for tour managers, where: None.
IP:
EU: Unbound.




Tourist guides services (CPC 7472)


CSS:
In NL, PT, SE: None.
In AT, BE, BG, CY, CZ, DE, DK, EE, FI, FR, EL, HU, IE, IT, LV, LU, MT, RO, SK, SI: Economic needs test.
In ES, HR, LT, PL: Unbound.
IP:
EU: Unbound.




Manufacturing (CPC 884, and 885, advisory and consulting services only)


CSS:
In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to three months.
IP:
In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, PL, RO, SK: Economic needs test.
















12.


The reservations of Chile are:






Sector or sub-sector


Description of reservations




Legal services for legal advice in respect of public international law and home jurisdiction law (part of CPC 861)


None.




Accounting and bookkeeping services (CPC 86212 other than ‘auditing services’, 86213, 86219 and 86220)


None.




Taxation advisory services (CPC 863) (7)



None.




Architectural services and urban planning and landscape architectural services (CPC 8671 and 8674)


None.




Engineering services and integrated engineering services (CPC 8672 and 8673)


None.




Medical (including psychologists) and dental services (CPC 9312 and part of 85201)


None.




Veterinary services (CPC 932)


None.




Midwives services (part of CPC 93191)


None.




Services provided by nurses, physiotherapists and paramedical personnel (part of CPC 93191)


None.




Computer and related services (CPC 84)


None.




Research and development services (CPC 851, 852 excluding psychologists services (8), and 853)


None.




Advertising services (CPC 871)


None.




Market research and opinion polling services (CPC 864)


None.




Management consulting services (CPC 865)


None.




Services related to management consulting (CPC 866)


None.




Technical testing and analysis services (CPC 8676)


None.




Related scientific and technical consulting services (CPC 8675)


None.




Mining (CPC 883, advisory and consulting services only)


None.




Maintenance and repair of vessels (part of CPC 8868)


None.




Maintenance and repair of rail transport equipment (part of CPC 8868)


None.




Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment (CPC 6112, 6122, part of 8867 and part of 8868)


None.




Maintenance and repair of aircraft and parts thereof (part of CPC 8868)


None.




Maintenance and repair of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and household goods (9) (CPC 633, 7545, 8861, 8862, 8864, 8865 and 8866)


None.




Translation and interpretation services (CPC 87905, excluding official or certified activities)


None.




Telecommunication services (CPC 7544, advisory and consulting services only)


None.




Postal and courier services (CPC 751, advisory and consulting services only)


None.




Construction and related engineering services (CPC 511, 512, 513, 514, 515, 516, 517 and 518. BG: CPC 512, 5131, 5132, 5135, 514, 5161, 5162, 51641, 51643, 51644, 5165 and 517)


None.




Site investigation work (CPC 5111)


None.




Higher education services (CPC 923)


None.




Agriculture, hunting and forestry (CPC 881, advisory and consulting services only)


None.




Environmental services (CPC 9401, 9402, 9403, 9404, part of 94060, 9405, part of 9406 and 9409)


None.




Insurance and insurance related services (advisory and consulting services only)


None.




Other financial services (advisory and consulting services only)


None.




Other financial services (listed in section B of Appendix 25-2)


None.




Transport (CPC 71, 72, 73, and 74, advisory and consulting services only)


None.




Travel agencies and tour operators services (including tour managers (10)) (CPC 7471)


None.




Tourist guides services (CPC 7472)


None.




Manufacturing (CPC 884, and 885, advisory and consulting services only)


None.










(1)  Does not include legal advice and legal representation on tax matters, which is covered under legal services in respect of public international law and home jurisdiction law.

(2)  Part of CPC 85201, which is under medical and dental services.

(3)  For all Member States except DK, the approval of the research organisation and the hosting agreement must meet the conditions set pursuant to Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ EU L 132, 21.5.2016, p. 21).

(4)  For all Member States except DK, the approval of the research organisation and the hosting agreement must meet the conditions set pursuant to Directive (EU) 2016/801.

(5)  Maintenance and repair services of office machinery and equipment including computers (CPC 845) are under computer services.

(6)  Services suppliers whose function is to accompany a tour group of a minimum of ten natural persons, without acting as guides in specific locations.

(7)  Does not include legal advice and legal representation on tax matters, which is covered under legal services in respect of public international law and home jurisdiction law.

(8)  Part of CPC 85201, which is under medical and dental services.

(9)  Maintenance and repair services of office machinery and equipment including computers (CPC 845) are under computer services.

(10)  Service suppliers whose function is to accompany a tour group of a minimum of 10 natural persons, without acting as guides in specific locations.





ANNEX 19-C
MOVEMENT OF NATURAL PERSONS FOR BUSINESS PURPOSES
Entry and temporary stay-related procedural commitments








1.


The Parties should ensure that the processing of applications for entry and temporary stay pursuant to their respective commitments in Part III of this Agreement follows good administrative practice. To that effect:






(a)


each Party shall ensure that fees charged by competent authorities for the processing of applications for entry and temporary stay do not unduly impair or delay trade in services under Part III of this Agreement;










(b)


subject to the discretion of the competent authorities, the documents required from an applicant for the grant of entry and temporary stay of short-term visitors for business purposes should be commensurate with the purpose for which they are collected;










(c)


complete applications for the grant of entry and temporary stay shall be processed as expeditiously as possible;










(d)


the competent authorities of a Party shall endeavour to provide, without undue delay, information in response to any reasonable request from an applicant concerning the status of an application for entry and temporary stay;










(e)


if the competent authorities of a Party require additional information from the applicant in order to process the application for entry and temporary stay, those authorities shall endeavour to notify, without undue delay, the applicant thereof;










(f)


the competent authorities of each Party shall notify the applicant of the outcome of the application for entry and temporary stay promptly after a decision has been taken;










(g)


if the application for entry and temporary stay is approved, the competent authorities of each Party shall notify the applicant of the period of stay and other relevant terms and conditions;










(h)


if the application for entry and temporary stay is denied, the competent authorities of a Party shall, on request of the applicant or on their own initiative, make available to the applicant information on any available review and appeal procedures;










(i)


each Party shall endeavour to accept and process applications in electronic format.
















2.


The following additional procedural commitments apply to intra-corporate transferees and their family members (1):






(a)


the competent authorities of each Party shall adopt a decision on the application for entry or temporary stay of an intra-corporate transferee or a renewal of it and notify that decision to the applicant, in accordance with the notification procedures under national law, as soon as possible but not later than 90 days from the date on which the complete application was submitted;










(b)


if the information or documentation supplied in support of the application for entry or temporary stay of an intra-corporate transferee or a renewal of it is incomplete, the competent authorities of a Party shall notify the applicant, within a reasonable period of time, of the additional information that is required and set a reasonable deadline for providing it; the period of time referred to in subparagraph (a) shall be suspended until the competent authorities have received the additional information required;










(c)


the EU Party shall extend to family members of natural persons of Chile who are intra-corporate transferees to the EU Party the right of temporary entry and stay granted to family members of an intra-corporate transferee under Article 19 of the ICT Directive;










(d)


Chile shall grant to family members of natural persons of the EU Party who are business visitors for establishment purposes, investors, intra-corporate transferees, contractual services suppliers and independent professionals, a visa as a dependent, which does not allow such family members to perform remunerated activities in Chile; nevertheless, a family dependent may be permitted to perform a remunerated activity in Chile upon a separate application, under Part III of this Agreement or the general immigration rules, for their own visa as non-dependent; such application can be submitted and processed in Chile.








Cooperation on return and readmission








3.


The Parties acknowledge that the enhanced movement of natural persons following from the provisions of paragraphs 1 and 2 requires full cooperation on return and readmission of natural persons who do not fulfil, or no longer fulfil, the conditions for entry to, presence in or residence on the territory of the other Party.












4.


For the purposes of paragraph 3, a Party may suspend the application of the provisions of paragraphs 1 and 2 if it assesses that the other Party does not observe its obligation under international law to readmit its nationals without conditions. The Parties reaffirm their understanding that such assessment is not subject to review under Chapter 38.






(1)  Subparagraphs (a), (b) and (c) do not apply for the Member States that are not subject to the application of Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ EU L 157, 27.5.2014, p. 1) (‘ICT Directive’).





ANNEX 21-A
GUIDELINES FOR ARRANGEMENTS ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS
SECTION A
GENERAL PROVISIONS








1.


This Annex contains guidelines for arrangements on the conditions for the recognition of professional qualifications (‘arrangements’), as laid down in Article 21.1.












2.


Pursuant to that Article, these guidelines are to be taken into account in the development of joint recommendations by professional bodies or authorities of the Parties (‘joint recommendations’).












3.


These guidelines are non-binding, non-exhaustive and do not modify or affect the rights and obligations of the Parties under Part III of this Agreement. They set out the typical content of arrangements and provide general indications as to the economic value of an arrangement and the compatibility of the respective professional qualifications regimes.












4.


Some of the elements of these guidelines might not be relevant in all cases, and professional bodies and authorities are free to include in their joint recommendations any other element that they consider pertinent for the arrangements of the profession and the professional activities concerned, in accordance with Part III of this Agreement.












5.


These guidelines should be taken into account by the Joint Council when deciding whether to develop and adopt arrangements. They are without prejudice to the Joint Council’s review of the consistency of joint recommendations with Part III of this Agreement and its discretion to take into account the elements it deems relevant, including those contained in joint recommendations.




SECTION B
FORM AND CONTENT OF AN ARRANGEMENT








6.


This Section sets out the typical content of an arrangement, some of which is not within the remit of the professional bodies or authorities preparing joint recommendations. That content constitutes, nonetheless, useful information to be taken into account in the preparation of joint recommendations so that they are better adapted to the possible scope of an arrangement.












7.


Matters addressed specifically in Part III of this Agreement which apply to arrangements, such as the geographical scope of an arrangement, its interaction with scheduled non-conforming measures, the system of dispute resolution, or monitoring and review mechanisms of the arrangement should not be addressed by joint recommendations.












8.


An arrangement may specify different mechanisms for the recognition of professional qualifications within a Party. It may also be limited to setting the scope of the arrangement, the procedural provisions, the effects of recognition and additional requirements, and the administrative arrangements.












9.


An arrangement which is adopted by the Joint Council should reflect the degree of discretion that is intended to be preserved for competent authorities deciding on recognition.




Scope of an arrangement








10.


An arrangement should set out:






(a)


the specific regulated profession or professions, the relevant professional title or titles and the activity or group of activities covered by the scope of practice of the regulated profession in the Parties (‘scope of practice’); and










(b)


whether it covers the recognition of professional qualifications for the purposes of access to professional activities on a fixed-term or an indefinite basis.








Conditions for recognition








11.


An arrangement may specify, in particular:






(a)


the professional qualifications necessary for recognition under the arrangement, for example, evidence of formal qualification, professional experience, or other attestation of competence;










(b)


the degree of discretion preserved by recognition authorities when assessing requests for recognition of the professional qualifications concerned; and










(c)


the procedures to deal with variations and gaps between professional qualifications and the means to bridge the differences, including the possibility of imposing any compensatory measures or any other relevant conditions and limitations.








Procedural provisions








12.


An arrangement may set out:






(a)


the documents required and the form in which they should be presented, for example, by electronic or other means, or whether they should be supported by translations or certifications of authenticity;










(b)


the steps and procedures in the recognition process, including those relating to possible compensatory measures, corresponding obligations and timelines; and










(c)


the availability of information relevant to all aspects of the recognition processes and requirements.








Effects of recognition and additional requirements








13.


An arrangement may set out provisions on the effects of recognition and, if relevant, also in respect of different modes of supply.












14.


An arrangement may describe any additional requirements for the effective exercise of a regulated profession in the host Party. Such requirements may include:






(a)


registration requirements with local authorities;










(b)


appropriate language skills;










(c)


proof of good character;










(d)


compliance with the requirements of the host Party for use of trade or firm names;










(e)


compliance with the rules of ethics, independence and professional conduct requirements of the host Party;










(f)


the need to obtain professional indemnity insurance;










(g)


rules on disciplinary action, financial responsibility and professional liability; and










(h)


requirements for continuous professional development.








Administration of the arrangement








15.


An arrangement should set out the terms under which it can be reviewed or revoked, and the effects of any revision or revocation. Consideration may also be given to the inclusion of provisions concerning the effects of any recognition previously accorded.




SECTION C
ECONOMIC VALUE OF AN ENVISAGED ARRANGEMENT








16.


Pursuant to subparagraph (a) of Article 21.1(2), joint recommendations shall be supported by an evidence-based assessment of the economic value of an envisaged arrangement. Such an assessment may consist of an evaluation of the economic benefits that an arrangement is expected to bring to the economies of both Parties and may assist the Joint Council when developing and adopting an arrangement.












17.


Aspects such as the existing level of market openness, industry needs, market trends and developments, client expectations and requirements and business opportunities would constitute useful elements for the evaluation referred to in paragraph 16.












18.


The evaluation is not required to be a full and detailed economic analysis, but should provide an explanation of the interest of the profession in, and the expected benefits for the Parties ensuing from, the adoption of an arrangement.




SECTION D
COMPATIBILITY OF RESPECTIVE PROFESSIONAL QUALIFICATION REGIMES








19.


Pursuant to subparagraph (b) of Article 21.1(2), joint recommendations shall be supported by an evidence-based assessment of the compatibility of the respective professional qualification regimes. Such an assessment may assist the Joint Council when developing and adopting an arrangement.












20.


The following process aims at guiding professional bodies and authorities when assessing the compatibility of the respective professional qualifications and activities with a view to simplifying and facilitating the recognition of professional qualifications.




Step One: Assessment of the scope of practice and the professional qualifications required to practise the regulated profession in each Party








21.


The assessment of the scope of practice and of the professional qualifications required to practise a regulated profession in each Party should be based on all relevant information.












22.


The following elements should be identified:






(a)


activities or groups of activities covered by the scope of practice of the regulated profession in each Party; and










(b)


the professional qualifications required in each Party to practise the regulated profession, which may include any of the following elements:






(i)


the minimum education required, for example, entry requirements, level of education, length of study and contents of study;










(ii)


the minimum professional experience required, for example, location, length and conditions of practical training or supervised professional practice prior to registration, licensing or equivalent;










(iii)


examinations passed, especially examinations of professional competency; and










(iv)


the acquisition of a licence or equivalent certifying, for example, the fulfilment of the necessary professional qualification requirements for the pursuit of the profession.












Step Two: Evaluation of the divergence between the scope of practice of, or the professional qualifications required to practise, the regulated profession in each Party








23.


The evaluation of the divergence in the scope of practice of, or in the professional qualifications required to practise, the regulated profession, in each Party, should in particular identify divergence that is substantial.












24.


Substantial divergence in the scope of practice may exist if all of the following conditions are met:






(a)


one or more activities covered by a regulated profession in the host Party are not covered by the corresponding profession in the Party of origin;










(b)


such activities are subject to specific training in the host Party; and










(c)


the training for such activities in the host Party covers matters substantially diverging from those covered by the applicant's qualification.
















25.


Substantial divergence in the professional qualifications required to practise a regulated profession may exist if there are divergences in the Parties' requirements with regard to the level, duration or content of the training that is required for the pursuit of activities covered by the regulated profession.




Step Three: Recognition mechanisms








26.


There may be different mechanisms for the recognition of professional qualifications, depending on the circumstances. There may be different mechanisms within a Party.












27.


If there is no substantial divergence in the scope of practice and in the professional qualifications required to practise a regulated profession, an arrangement may provide for a simpler, more streamlined recognition process than in a case where there is substantial divergence.












28.


If there is substantial divergence, the arrangement may provide for compensatory requirements which are sufficient to remedy such divergence.












29.


When compensatory requirements are used to reduce substantial divergence, they should be proportionate to the divergence that they seek to address. Any practical professional experience or formally validated training may be taken into account to assess the extent of the compensatory requirements needed.












30.


Whether or not the divergence is substantial, the arrangement may take account of the degree of discretion that is intended to be preserved for competent authorities deciding on recognition requests.












31.


Compensatory requirements may take different forms, including:






(a)


a period of supervised practice of a regulated profession in the host Party, possibly accompanied by further training, under the responsibility of a qualified person and subject to a regulated assessment;










(b)


a test made or recognised by the relevant authorities of the host Party to assess the applicant's ability to practise a regulated profession in that Party; and










(c)


a temporary limitation of the scope of practice.
















32.


An arrangement may envisage that a choice is given to applicants between different compensatory requirements when this could limit the administrative burden for applicants and such requirements are equivalent.









ANNEX 21-B
MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS
Pursuant to Article 21.1(3) and subparagraph (a) of Article 8.5(1), the Joint Council may adopt a decision in order to determine or amend the mutual recognition arrangements set out in this Annex.





ANNEX 25
FINANCIAL SERVICES
Headnotes








1.


The schedules of each Party in Appendices 25-1 and 25-2 set out, pursuant to Article 25.10, the following:






(a)


Section A sets out the specific sectors, subsectors or activities to which the obligations of Article 25.7 apply;










(b)


Section B sets out the specific subsectors or activities where that Party undertakes commitments pursuant to Article 25.6;










(c)


Section C sets out the specific sectors, subsectors or activities for which that Party maintains an existing measure that is not subject to some or all of the obligations imposed by:






(i)


Article 25.3;










(ii)


Article 25.5;










(iii)


Article 25.7;










(iv)


Article 25.8; and










(v)


Article 25.9.














(d)


Section D sets out the specific sectors, subsectors or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with some or all of the obligations referred to in subparagraphs (a) to (c) of this paragraph.
















2.


In all Sections, for the EU Party, the specific subsectors or activities are specified in accordance with the definitions set out in Article 25.2. In Section B, for Chile, the commitments are classified in accordance with the CPC.












3.


A reservation taken with respect to the obligations set out in the articles that are incorporated into Chapter 25 by Article 25.7 is scheduled by reference to the heading of those articles and to the specific obligation incorporated.












4.


Section B only contains non-discriminatory limitations on market access. Discriminatory limitations are scheduled in Section C or D.












5.


For greater certainty, the reservations of a Party are without prejudice to the rights and obligations of the Parties under GATS.












6.


In Sections C and D, each reservation sets out the following elements:






(a)


‘sub-sector’ refers to the specific sector in which the reservation is taken;










(b)


‘type of reservation’ or ‘obligation concerned’ specifies the obligation referred to in paragraph 1 for which a reservation is taken;










(c)


‘level of government’ indicates the level of government maintaining the measure for which a reservation is taken;










(d)


in Section C, ‘measures’ identifies the laws or other measures as qualified, where indicated, by the ‘description’ element for which the reservation is taken. A measure cited in the ‘measures’ element:






(i)


means the measure as amended, continued or renewed as of the date of entry into force of this Agreement;










(ii)


includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and










(iii)


includes, in respect of the schedule of the EU Party, any laws or other measures which implement a European Union Directive at Member State level;














(e)


in Section D, ‘existing measures’ identifies, for transparency purposes, existing measures that apply to sub-sectors or activities covered by the reservation; and










(f)


‘description’ sets out the non-conforming aspects of the measure for which the reservation is taken.
















7.


For greater certainty, with regard to Section C, if a Party adopts a new measure at a level of government different to that at which the reservation was originally taken, and that new measure effectively replaces, within the territory to which it applies, the non-conforming aspect of the original measure cited in the ‘measures’ element, the new measure shall be deemed to constitute a ‘modification’ to the original measure within the meaning of subparagraph (c) of Article 25.10(1).












8.


In the interpretation of a reservation, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant obligations against which the reservation is taken. In Section C, the ‘measures’ element, and in Sections B and D, the ‘description’ element, shall prevail over all other elements.












9.


A reservation taken at the level of the European Union applies to a measure of the European Union, to a measure of a Member State at the central level or to a measure of a government within a Member State, unless the reservation excludes a Member State. A reservation taken by a Member State applies to a measure of a government at the central, regional or local level within that Member State. For the purposes of the reservations of Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers. For the purposes of the reservations of the European Union and its Member States, a regional level of government in Finland means the Åland Islands. A reservation taken at the level of Chile applies to a measure of the central government or of a local government.












10.


The schedule of a Party does not include measures relating to requirements and procedures that a natural or juridical person needs to comply with in order to obtain, amend or renew an authorisation, i.e. qualification requirements and procedures, technical standards and licensing requirements and procedures, where they do not constitute a limitation within the meaning of Article 25.3, 25.6, or 25.7. Those measures may include the need to obtain an authorisation, to be registered, to satisfy universal service obligations, to have recognised qualifications in regulated sectors, to pass specific examinations, including language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, to have a local agent for service, or to maintain a local address, or any other non-discriminatory requirements that prohibit certain activities from being carried out in protected zones or areas. Although they are not listed in the schedule of the Party, such measures may apply.












11.


For greater certainty, for the EU Party, the obligation to grant national treatment does not entail the requirement to extend to natural or juridical persons of Chile the treatment granted in a Member State, pursuant to the Treaty on the Functioning of the European Union, or any measure adopted pursuant to that Treaty, including their implementation in a Member State, to:






(a)


natural persons or residents of another Member State; or










(b)


juridical persons constituted or organised under the law of another Member State or of the European Union and having their registered office, central administration or principal place of business in the European Union.
















12.


Treatment granted to juridical persons established by investors of a Party, in accordance with the law of the other Party (including, in the case of the EU Party, the law of a Member State) and having their registered office, central administration or principal place of business within that other Party, is without prejudice to any condition or obligation, pursuant to Chapter 17, which may have been imposed on such juridical person when it was established in that other Party, and which shall continue to apply.












13.


Unlike foreign subsidiaries, branches established directly in a Member State by a non-European Union financial institution are not, with certain limited exceptions, subject to prudential regulations harmonised at the European Union level which enable such subsidiaries to benefit from enhanced facilities to set up new establishments and to provide cross-border financial services throughout the European Union. Therefore, such branches receive an authorisation to operate in the territory of a Member State under conditions equivalent to those applied to domestic financial institutions of that Member State, and may be required to satisfy a number of specific prudential requirements such as, in the case of banking and securities, separate capitalisation and other solvency requirements and requirements relating to reporting and publication of accounts or, in the case of insurance, specific guarantee and deposit requirements, a separate capitalisation, and the localisation in the Member State concerned of the assets representing the technical reserves and at least one third of the solvency margin.












14.


For Chile, juridical and natural persons that participate in the Chilean financial market can be regulated, supervised and authorised by the Comisión para el Mercado Financiero (Financial Market Commission) and other public entities. Domestic and foreign juridical and natural persons shall comply with the non-discriminatory requirements and obligations of the financial sector regulation and may be required to satisfy a number of specific prudential requirements such as, separate capitalisation, legal requirements concerning patrimony, solvency requirements, requirements relating to reporting and publication of accounts, constitution procedure, specific guarantee and deposit requirements.












15.


The schedules of the Parties apply only to the territories of Chile and the EU Party in accordance with Article 41.2 and are only relevant in the context of trade relations between the EU Party and Chile. They do not affect the rights and obligations of the Member States under European Union law.












16.


For greater certainty, each Party reserves the right to adopt or maintain any measure with respect to the cross-border supply with regard to all sectors, sub-sectors and activities for financial services that are not specified in Section A.












17.


The following abbreviations are used in the schedules of the Parties:






 


EU European Union, including all its Member States










 


AT Austria










 


BE Belgium










 


BG Bulgaria










 


CY Cyprus










 


CZ Czechia










 


DE Germany










 


DK Denmark










 


EE Estonia










 


EL Greece










 


ES Spain










 


FI Finland










 


FR France










 


HR Croatia










 


HU Hungary










 


IE Ireland










 


IT Italy










 


LT Lithuania










 


LU Luxembourg










 


LV Latvia










 


MT Malta










 


NL Netherlands










 


PL Poland










 


PT Portugal










 


RO Romania










 


SE Sweden










 


SI Slovenia










 


SK Slovakia










 


EEA European Economic Area










 


CMF Comisión para el Mercado Financiero (Financial Market Commission)











Appendix 25-1
EU PARTY: RESERVATIONS AND MARKET ACCESS COMMITMENTS
SECTION A
COMMITMENTS FOR CROSS-BORDER TRADE IN FINANCIAL SERVICES
The following are the subsectors or activities to which the obligations set out in Article 25.7 apply:
Insurance and insurance-related services
In EU, except CY, EE, LV, LT, MT and PL:






1.


Insurance of risks relating to:






(a)


maritime transport, commercial aviation and space launching and freight, including satellites, where the insurance covers the goods being transported, the vehicle transporting the goods, or liability deriving from that transport; and










(b)


goods in international transit;














2.


Reinsurance and retrocession;










3.


Services auxiliary to insurance as referred to in subparagraph (d)(i)(D) of Article 25.2; and










4.


Insurance intermediation, such as brokerage and agency, of insurance risks related to the services listed in subparagraphs (a) and (b) of paragraph 1.




In CY:






1.


Direct insurance services (including co-insurance) for the insurance of risks relating to:






(a)


maritime transport, commercial aviation and space launching and freight, including satellites, where the insurance covers the goods being transported, the vehicle transporting the goods, or liability deriving from that transport; and










(b)


goods in international transit;














2.


Insurance intermediation;










3.


Reinsurance and retrocession; and










4.


Services auxiliary to insurance as referred to in subparagraph (d)(i)(D) of Article 25.2.




In EE:






1.


Direct insurance (including co-insurance);










2.


Reinsurance and retrocession;










3.


Insurance intermediation; and










4.


Services auxiliary to insurance as referred to in subparagraph (d)(i)(D) of Article 25.2.




In LV and LT:






1.


Insurance of risks relating to:






(a)


maritime transport, commercial aviation and space launching and freight, including satellites, where the insurance covers the goods being transported, the vehicle transporting the goods, or liability deriving from that transport; and










(b)


goods in international transit;














2.


Reinsurance and retrocession; and










3.


Services auxiliary to insurance as referred to in subparagraph (d)(i)(D) of Article 25.2.




In MT:






1.


Insurance of risks relating to:






(a)


maritime transport, commercial aviation and space launching and freight, including satellites, where the insurance covers the goods being transported, the vehicle transporting the goods, or liability deriving from that transport; and










(b)


goods in international transit;














2.


Reinsurance and retrocession; and










3.


Services auxiliary to insurance as referred to in subparagraph (d)(i)(D) of Article 25.2.




In PL:






1.


Insurance of risks relating to goods in international trade;










2.


Reinsurance and retrocession of risks relating to goods in international trade; and










3.


Banking and other financial services (excluding insurance and insurance-related services).




In EU except for BE, CY, EE, LV, LT, MT, SI and RO:






1.


The provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (d)(ii)(K) of Article 25.2; and










2.


Advisory and other auxiliary financial services relating to banking and other financial services, as referred to in subparagraph (d)(ii)(L) of Article 25.2, excluding intermediation referred to in that subparagraph.




In BE:
The provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (d)(ii)(K) of Article 25.2.
In CY:






1.


The trading for own account or for the account of customers, whether on an exchange, in an over-the-counter market or otherwise, of transferable securities as referred to in subparagraph (d)(ii)(F)(5) of Article 25.2;










2.


The provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (d)(ii)(K) of Article 25.2; and










3.


Advisory and other auxiliary financial services relating to banking and other financial services, as referred to in subparagraph (d)(ii)(L) of Article 25.2, excluding intermediation referred to in that subparagraph.




In EE and LT:






1.


Acceptance of deposits;










2.


Lending of all types;










3.


Financial leasing;










4.


All payment and money transmission services;










5.


Guarantees and commitments;










6.


Trading for own account or for account of customers, whether on an exchange or in an over-the-counter market;










7.


Participation in issues of all kinds of securities, including underwriting and placement as agent, whether publicly or privately, and provision of services related to such issues;










8.


Money broking;










9.


Asset management, such as cash or portfolio management, and all forms of collective investment;










10.


Management, custodial, depository and trust services;










11.


Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;










12.


The provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (d)(ii)(K) of Article 25.2; and










13.


Advisory and other auxiliary financial services relating to banking and other financial services, as referred to in subparagraph (d)(ii)(L) of Article 25.2, excluding intermediation referred to in that subparagraph.




In LV:






1.


Participation in issues of all kinds of securities, including underwriting and placement as agent, whether publicly or privately, and provision of services related to such issues;










2.


The provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (d)(ii)(K) of Article 25.2; and










3.


Advisory and other auxiliary financial services relating to banking and other financial services, as referred to in subparagraph (d)(ii)(L) of Article 25.2, excluding intermediation referred to in that subparagraph.




In MT:






1.


Acceptance of deposits;










2.


Lending of all types;










3.


The provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (d)(ii)(K) of Article 25.2; and










4.


Advisory and other auxiliary financial services relating to banking and other financial services, as referred to in subparagraph (d)(ii)(L) of Article 25.2, excluding intermediation referred to in that subparagraph.




In RO:






1.


Acceptance of deposits;










2.


Lending of all types;










3.


Guarantees and commitments;










4.


Money broking;










5.


The provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (d)(ii)(K) of Article 25.2; and










6.


Advisory and other auxiliary financial services relating to banking and other financial services, as referred to in subparagraph (d)(ii)(L) of Article 25.2, excluding intermediation referred to in that subparagraph.




In SI:






1.


Lending of all types;










2.


Acceptance of guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors;










3.


The provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (d)(ii)(K) of Article 25.2; and










4.


Advisory and other auxiliary financial services relating to banking and other financial services, as referred to in subparagraph (d)(ii)(L) of Article 25.2, excluding intermediation referred to in that subparagraph.




SECTION B
MARKET ACCESS COMMITMENTS WITH RESPECT TO INVESTMENT LIBERALISATION








1.


The following subsectors and activities are committed with respect to investment liberalisation:
In EU: All financial services.












2.


The following non-discriminatory limitations apply with respect to Investment liberalisation – Market access:
All financial services
In EU: The right to require a financial service supplier, other than a branch, when establishing in a Member State to adopt a specific legal form, on a non-discriminatory basis.
Insurance and insurance-related services
In AT: In order to obtain a licence to open a branch office, foreign insurers shall have a legal form corresponding or comparable to a joint stock company or a mutual insurance association in their home country.
Banking and other financial services
In RO: Market operators are juridical persons set up as joint stock companies in accordance with the provisions of the Company law. Alternative trading systems (Multilateral trading facility, MTF) pursuant to Directive 2014/65/EU of the European Parliament and of the Council (1) (MiFID II Directive) can be managed by a system operator set up under the conditions described above or by an investment firm authorised by ASF (Autoritatea de Supraveghere Financiară – Financial Supervisory Authority).
In SI: A pension scheme may be provided by a mutual pension fund (which is not a legal entity and is therefore managed by an insurance company, a bank or a pension company), a pension company or an insurance company. Additionally, a pension scheme may also be offered by pension scheme providers established in accordance with the regulations applicable in a Member State.
In SK: Investment services can only be provided by management companies which have the legal form of a joint-stock company with equity capital in accordance with its law.
In SE: A founder of a savings bank shall be a natural person.




SECTION C
EXISTING MEASURES
Reservation No 1: Sub-sector: Insurance and insurance-related services






Type of reservation:


National treatment
Most-favoured-nation treatment
Local presence




Level of government:


EU/Member State (unless otherwise specified)




Description:
With respect to Investment liberalisation – National treatment and Most-favoured-nation treatment:
In IT: Access to the actuarial profession through natural persons only. Professional associations (no incorporation) among natural persons permitted. European Union nationality is required for the practice of the actuarial profession, except for foreign professionals who may be allowed to practice based on reciprocity.
Measures:
IT: Article 29 of the code of private insurance (Legislative decree no. 209 of 7 September 2005); and Law 194/1942, Article 4, Law 4/1999 on the register.
With respect to Investment liberalisation – National treatment and Cross-border trade in financial services – Local presence:
In BG: Pension insurance shall be carried out as a joint-stock company licensed in accordance with the Code of Social Insurance and registered under the Commerce Act or under the legislation of another Member State (no branches).
In BG, ES, PL and PT: Direct branching is not permitted for insurance intermediation, which is reserved to companies formed in accordance with the law of a Member State (local incorporation is required). For PL, residency requirement for insurance intermediaries.
With respect to Investment liberalisation – National treatment:
In PL: For pension funds. Direct branching is not permitted for insurance intermediation, which is reserved to companies formed in accordance with the law of a Member State (local incorporation is required).
Measures:
BG: Insurance Code, Articles 12, 56-63, 65, 66 and 80 paragraph 4, Social Insurance Code Art. 120a–162, Art. 209–253, Art. 260–310.
ES: Reglamento de Ordenación, Supervisión y Solvencia de Entidades Aseguradoras y Reaseguradoras (RD 1060/2015, de 20 de noviembre de 2015), Article 36.
PL: Act on insurance and reinsurance activity of 11 September 2015 (Journal of Laws of 2020, item 895 and 1180); Act on insurance distribution of 15 December 2017 (Journal of Laws 2019, item 1881); Act on the organization and operation of pension funds of 28 August 1997 (Journal of Laws of 2020, item 105); Act of 6 March 2018 on rules regarding economic activity of foreign entrepreneurs and other foreign persons in the territory of PL.
PT: Article 7 of Decree-Law 94-B/98 revoked by Decree-Law 2/2009, January 5th; and chapter I, Section VI of Decree-Law 94-B/98, Articles 34, nr. 6, 7, and Article 7 of Decree-Law 144/2006, revoked by Law 7/2019, January 16th. Article 8 of the legal regime governing the business of insurance and reinsurance distribution, approved by Law 7/2019, of January 16th.
With respect to Investment liberalisation – National treatment:
In AT: The management of a branch office shall consist of at least two natural persons resident in AT.
In BG: Residency requirement for the members of managing and supervisory body of (re)insurance undertakings and every person authorised to manage or represent the (re)insurance undertaking.
The chairperson of the management board, the chairperson of the board of directors, the executive director and the managerial agent of pension insurance companies shall have a permanent address or hold a durable residence permit in Bulgaria.
Measures:
AT: Insurance Supervision Act 2016, Article 14 para. 1 no. 3, Federal Law Gazette I No. 34/2015 (Versicherungsaufsichtsgesetz 2016, § 14 Abs. 1 Z 3, BGBl. I Nr. 34/2015).
BG: Insurance Code, Articles 12, 56-63, 65, 66 and 80 paragraph 4, Social Insurance Code, Art. 120a–162, Art. 209–253, Art. 260–310.
With respect to Investment liberalisation – National treatment:
In BG: Before establishing a branch or agency to provide insurance, a foreign insurer or reinsurer must have been authorised to operate in its country of origin in the same classes of insurance as those it wishes to provide in BG.
The income of the supplementary voluntary pension funds, as well as similar income directly connected with voluntary pension insurance, carried out by persons who are registered under the legislation of another Member State and who may, in compliance with the legislation concerned, perform voluntary pension insurance operations shall not be taxable in accordance with the procedure established by the Corporate Income Tax Act.
In ES: Before establishing a branch or agency in ES in order to provide certain classes of insurance, a foreign insurer must have been authorised to operate in the same classes of insurance in its country of origin for at least five years.
In PT: In order to establish a branch or agency, foreign insurance undertakings must have been authorised to carry out the business of insurance or reinsurance, according to the relevant national law for at least five years.
Measures:
BG: Insurance Code, Articles 12, 56-63, 65, 66 and 80 paragraph 4, Social Insurance Code, Art. 120a–162, Art. 209–253, Art. 260–310.
ES: Reglamento de Ordenación, Supervisión y Solvencia de Entidades Aseguradoras y Reaseguradoras (RD 1060/2015, de 20 de noviembre de 2015), Article 36.
PT: Article 7 of Decree-Law 94-B/98 and Chapter I, Section VI of Decree-Law 94-B/98, Articles 34, nr. 6, 7, and Article 7 of Decree-Law 144/2006; Article 215 of legal regime governing the taking up and pursuit of the business of insurance and reinsurance, approved by Law 147/2005, of September 9th.
With respect to Investment – National treatment and Cross-border trade in financial services – National treatment:
In AT: Promotional activity and intermediation on behalf of a subsidiary not established in the European Union or of a branch not established in AT (except for reinsurance and retrocession) are prohibited.
With respect to Cross-border trade in financial services – Local presence:
In DK: A person or company (including insurance companies) shall not, for business purposes, assist in effecting direct insurance for persons resident in DK, for Danish ships or for property in DK, other than insurance companies licensed by Danish law or by Danish competent authorities.
In DE, HU and LT: The supply of direct insurance services by insurance companies not incorporated in the European Union requires the setting up and authorisation of a branch.
With respect to Cross-border trade in financial services – National treatment, Local presence:
In EL: Insurance and reinsurance undertakings with head offices in third countries may operate in Greece by establishing a subsidiary or a branch, where a branch in this case does not take any specific legal form as it means a permanent presence in the territory of a Member State (i.e. EL) of an undertaking with a head office outside the European Union, which receives authorisation in that Member State (EL) and which pursues insurance business.
In SE: The supply of direct insurance by a foreign insurer is allowed only through the mediation of an insurance service supplier authorised in SE, provided that the foreign insurer and the Swedish insurance company belong to the same group of companies or have an agreement of cooperation between them. The provision of insurance intermediation services by undertakings not incorporated in the EEA requires the establishment of a commercial presence (local presence requirement).
In SK: Air and maritime transport insurance covering the aircraft/vessel and responsibility can be underwritten only by insurance companies established in the European Union or by the branch office of the insurance companies not established in the European Union authorised in the SK.
Measures
AT: Insurance Supervision Act 2016, Article 13 para. 1 and 2, Federal Law Gazette I No. 34/2015 (Versicherungsaufsichtsgesetz 2016, § 13 Abs. 1 und 2, BGBl. I Nr. 34/2015).
DE: Versicherungsaufsichtsgesetz (VAG) for all insurance services; in connection with Luftverkehrs-Zulassungs-Ordnung (LuftVZO) only for compulsory air liability insurance.
DK: Lov om finansiel virksomhed jf. lovbekendtgørelse 182 af 18. februar 2015.
EL: Art. 130 of the Law 4364/ 2016 (Gov. Gazette 13/ A/ 05.02.2016).
HU: Act LX of 2003.
LT: Law on Insurance, 18 of September, 2003 m. Nr. IX-1737, last amendment 13 of June 2019 Nr. XIII-2232.
SE: Lag om försäkringsdistribution (Insurance Distribution Mediation Act) (Chapter 3, section 3, 2018:1219); and Foreign Insurers Business in Sweden Act (Chapter 4, sections 1 and 10, 1998:293).
SK: Act 39/2015 on insurance.
Reservation No 2: Sub-sector: Banking and other financial services






Type of reservation:


National treatment
Local presence




Level of government:


EU/Member State (unless otherwise specified)




Description:
With respect to Investment liberalisation – National treatment and Cross-border trade in financial services – Local presence:
In BG: For pursuing the activities of lending with funds which are not raised through taking of deposits or other repayable funds, acquiring holdings in a credit institution or another financial institution, financial leasing, guarantee transactions, acquisition of claims on loans and other forms of financing (factoring, forfeiting, etc.), non-bank financial institutions are subject to a registration regime with the Bulgarian National Bank. The financial institution shall have its main business in the territory of BG.
With respect to Investment liberalisation – National treatment and Cross-border trade in financial services – Local presence:
In BG: Non-EEA banks may pursue banking activity in BG after obtaining a licence from the Bulgarian National Bank for taking up and pursuing business activities in the BG through a branch.
In IT: In order to be authorised to operate the securities settlement system or to provide central securities depository services with an establishment in IT, a company is required to be incorporated in Italy (no branches).
In the case of collective investment schemes other than undertakings for collective investment in transferable securities (‘UCITS’) harmonised under the European Union legislation, the trustee or depository is required to be established in IT or in another Member State and have a branch in IT.
Management enterprises of investment funds not harmonised under European Union legislation are also required to be incorporated in IT (no branches).
Only banks, insurance enterprises, investment firms and enterprises managing UCITS harmonised under European Union legislation having their legal head office in the European Union, as well as UCITS incorporated in IT, may carry out the activity of pension fund resource management.
In providing the activity of door-to-door selling, intermediaries must utilise authorised financial salesmen resident within the territory of a Member State.
Representative offices of non-European Union intermediaries cannot carry out activities aimed at providing investment services, including trading for own account and for the account of customers, placement and underwriting financial instruments (branch required).
With respect to Investment liberalisation – National treatment:
In PT: Pension fund management may be provided only by specialised companies incorporated in PT for that purpose and by insurance companies established in PT and authorised to take up life insurance business, or by entities authorised to provide pension fund management in other Member States. Direct branching from non-European Union countries is not permitted.
Measures:
BG: Law on Credit Institutions, Articles 2, paragraph 5, 3a and 17; Code Of Social Insurance, Articles 121, 121b, 121f; and Currency Law, Article 3.
IT: Legislative Decree 58/1998, Articles 1, 19, 28, 30-33, 38, 69 and 80; Joint Regulation of Bank of Italy and Consob 22.2.1998, Articles 3 and 41; Regulation of Bank of Italy 25.1.2005; Title V, Chapter VII, Section II, Consob Regulation 16190 of 29.10.2007, Articles 17-21, 78-81, 91-111; and subject to: Regulation (EU) No 909/2014 of the European Parliament and of the Council (2).
PT: Decree-Law 12/2006, as amended by Decree-Law 180/2007 Decree-Law 357-A/2007, Regulation 7/2007-R, as amended by Regulation 2/2008-R, Regulation 19/2008-R, Regulation 8/2009; and Article 3 of the legal regime governing the establishment and functioning of pension funds and their management entities approved by Law 27/2020, of July 23rd.
With respect to Investment liberalisation – National treatment:
In HU: Branches of non-EEA investment fund management companies may not engage in the management of European Union investment funds and may not provide asset management services to private pension funds.
Measures:
HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; and Act CXX of 2001 on the Capital Market.
With respect to Investment liberalisation – National treatment:
In BG: А bank shall be managed and represented jointly by at least two persons. The persons who manage and represent the bank shall be personally present at its management address. Juridical persons may not be elected members of the managing board or the board of directors of a bank.
Measures:
BG: Law on Credit Institutions, Article 10; Code Of Social Insurance, Article 121e; and Currency Law, Article 3.
With respect to Investment liberalisation – National treatment:
In HU: The board of directors of a credit institution shall have at least two members recognised as resident according to foreign exchange regulations and having had prior permanent residence in HU for at least one year.
Measures:
HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; and Act CXX of 2001 on the Capital Market.
With respect to Cross-border trade in financial services – Local presence:
In HU: Non-EEA companies may provide financial services or engage in activities auxiliary to financial services solely through a branch in HU.
Measures:
HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; and Act CXX of 2001 on the Capital Market.
SECTION D
FUTURE MEASURES
Reservation No 1: Sub-sector: Insurance and insurance-related services






Type of reservation:


National treatment
Local presence




Level of government:


EU/Member State (unless otherwise specified)




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
With respect to Cross-border trade in financial services – Local presence:
In BG: Transport insurance, covering goods, insurance of vehicles as such and liability insurance regarding risks located in Bulgaria may not be underwritten by foreign insurance companies directly.
In DE: If a foreign insurance company has established a branch in Germany, it may conclude insurance contracts in Germany relating to international transport only through the branch established in Germany.
Existing measures:
DE: Luftverkehrsgesetz (LuftVG); and Luftverkehrszulassungsordnung (LuftVZO).
With respect to Investment liberalisation – National treatment and Cross-border trade in financial services – Local presence:
In ES: Residence is required, or alternatively having two years of experience, for the actuarial profession.
In FI: The supply of insurance broker services is subject to a permanent place of business in the European Union.
Only insurers having their head office in the European Union or having their branch in Finland may offer direct insurance services, including co-insurance.
Existing measures:
FI: Laki ulkomaisista vakuutusyhtiöistä (Act on Foreign Insurance Companies) (398/1995);
Vakuutusyhtiölaki (Insurance Companies Act) (521/2008);
Laki vakuutusten tarjoamisesta (Act on Insurance Distribution) (234/2018).
With respect to Cross-border trade in financial services – Local presence:
In FR: Insurance of risks relating to ground transport may be underwritten only by insurance firms established in the European Union.
Existing measures:
FR: Code des assurances.
In HU: Only legal persons of the European Union and branches registered in Hungary may supply direct insurance services.
Existing measures:
HU: Act LX of 2003.
In IT: Transport insurance of goods, insurance of vehicles and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the European Union, except for international transport involving imports into Italy.
Cross-border supply of actuarial services is not allowed.
Existing measures:
IT: Article 29 of the code of private insurance (Legislative decree no. 209 of 7 September 2005).
With respect to Investment liberalisation – National treatment and Cross-border trade in financial services – Local presence:
In PT: Air and maritime transport insurance, covering goods, aircraft, hull and liability can be underwritten only by enterprises of the EU Party. Only natural persons of, or enterprises established in, the EU Party may act as intermediaries for such insurance business in PT.
Existing measures:
PT: Article 3 of Law 147/2015, Article 8 of Law 7/2019.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – Local presence:
In SK: Foreign nationals may establish an insurance company in the form of a joint stock company or may conduct insurance business through their branches having a registered office in the Slovak Republic. The authorisation in both cases is subject to the evaluation of the supervisory authority.
Existing measures:
SK: Act 39/2015 on Insurance.
With respect to Investment liberalisation – National treatment:
In FI: At least one half of the members of the board of directors and the supervisory board, and the managing director of an insurance company providing statutory pension insurance shall have their place of residence in the EEA, unless the competent authorities have granted an exemption. Foreign insurers cannot obtain a licence in FI as a branch to carry out statutory pension insurance. At least one auditor shall have their permanent residence in the EEA.
For other insurance companies, residency in the EEA is required for at least one member of the board of directors and of the supervisory board and for the managing director. At least one auditor shall have their permanent residence in the EEA. The general agent of an insurance company of Chile must have their place of residence in Finland, unless the company has its head office in the European Union.
Existing measures:
FI: Laki ulkomaisista vakuutusyhtiöistä (Act on Foreign Insurance Companies) (398/1995); Vakuutusyhtiölaki (Insurance Companies Act) (521/2008);
Laki vakuutusedustuksesta (Act on Insurance Mediation) (570/2005);
Laki vakuutusten tarjoamisesta (Act on Insurance Distribution) (234/2018); and
Laki työeläkevakuutusyhtiöistä (Act on Companies providing statutory pension insurance) (354/1997).
Reservation No 2: Sub-sector: Banking and other financial services






Type of reservation:


National treatment
Senior management and boards of directors
Local presence




Level of government:


EU/Member State (unless otherwise specified)




Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
With respect to Investment liberalisation – National treatment and cross-border trade in financial services – Local presence:
In EU: Only juridical persons having their registered office in the European Union can act as depositories of the assets of investment funds. The establishment of a specialised management company, having its head office and registered office in the same Member State, is required to perform the activities of management of common funds, including unit trusts, and, where allowed under national law, investment companies.
Existing measures:
EU: Directive 2009/65/EC of the European Parliament and of the Council (3); and Directive 2011/61/EU of the European Parliament and of the Council (4).
With respect to Cross-border trade in financial services – Local presence:
In EE: For acceptance of deposits, requirement of authorisation by the Estonian Financial Supervision Authority and registration under Estonian law as a joint-stock company, a subsidiary or a branch.
Existing measures:
EE: Krediidiasutuste seadus (Credit Institutions Act) § 206 and § 21.
With respect to Investment liberalisation – National treatment, Senior management and board of directors:
In FI: At least one of the founders of a credit institution and at least one of the members of its board of directors as well as its managing director shall be permanently resident or, if the founder is a juridical person, have its registered office in, the EEA unless the Financial Supervision Authority grants an exemption therefrom. The exemption may be granted if it does not endanger the efficient supervision of the credit institution and the management of the credit institution in accordance with sound and prudent business principles. At least one auditor shall have their permanent residence in the EEA.
For payment services, residency or domicile in Finland may be required.
Existing measures:
FI: Laki liikepankeista ja muista osakeyhtiömuotoisista luottolaitoksista (Act on Commercial Banks and Other Credit Institutions in the Form of a Limited Company) (1501/2001); Säästöpankkilaki (1502/2001) (Savings Bank Act); Laki osuuspankeista ja muista osuuskuntamuotoisista luottolaitoksista (423/2013) (Act on Cooperative Banks and Other Credit Institutions in the Form of a Cooperative Bank); Laki hypoteekkiyhdistyksistä (936/1978) (Act on Mortgage Societies); Maksulaitoslaki (297/2010) (Act on Payment Institutions); Laki ulkomaisen maksulaitoksen toiminnasta Suomessa (298/2010) (Act on the Operation of Foreign Payment Institution in Finland); and Laki luottolaitostoiminnasta (Act on Credit Institutions) (610/2014).
With respect to Investment liberalisation – National treatment:
In IT: Services of consulenti finanziari (financial consultant). In providing the activity of door-to-door selling, intermediaries shall utilise authorised financial salesmen resident within the territory of a Member State.
Existing measures:
IT: Articles 91-111 of Consob Regulation on Intermediaries (no. 16190 of 29 October 2007).
With respect to Cross-border trade in financial services – Local presence:
In LT: Only banks having their registered office or branch in LT and authorised to provide investment services in the EEA may act as the depositories of the assets of pension funds. At least one head of a bank's administration must speak the Lithuanian language.
Existing measures:
LT: Law on Banks of the Republic of Lithuania of 30 March 2004 No IX-2085, as amended by the Law No XIII-729 of 16 November 2017; Law on Collective Investment Undertakings of the Republic of Lithuania of 4 July 2003 No IX-1709, as amended by the Law No XIII-1872 of 20 December 2018; Law on Supplementary Voluntary Pension Accumulation of the Republic of Lithuania of 3 June 1999 No VIII-1212 (as revised in Law No XII-70 of 20 December 2012); Law on Payments of the Republic of Lithuania of 5 June 2003 No. IX-1596, last amendment 17 of October 2019 Nr. XIII-2488; and Law on Payment Institutions of the Republic of Lithuania of 10 December 2009 No. XI-549 (new version of the Law: No XIII-1093 of 17 April 2018).


(1)  Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ EU L 173, 12.6.2014, p. 349).

(2)  Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ EU L 257, 28.8.2014, p. 1).

(3)  Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ EU L 302, 17.11.2009, p. 32).

(4)  Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ EU L 174, 1.7.2011, p. 1).




Appendix 25-2
CHILE: RESERVATIONS AND MARKET ACCESS COMMITMENTS
SECTION A
COMMITMENTS FOR CROSS-BORDER TRADE IN FINANCIAL SERVICES
Chile reserves the right to adopt or maintain any measure with respect to Article 25.7, except for the following subsectors and financial services defined in accordance with the relevant Chilean laws and regulations and subject to the terms, limitations and conditions specified below.
It is understood that the commitments of a Party on cross-border investment advisory services shall not, in and of themselves, be construed as requiring that Party to permit the public offering of securities (as defined under its relevant laws and regulations) in its territory by cross-border suppliers of the other Party who supply or seek to supply such investment advisory services. A Party may subject the services of the cross-border supplier to regulatory and registration requirements, including the requirement to provide the same category of services in the country of origin and to be supervised in their country of origin.






Sector


Subsector




Insurance and insurance-related services


Sale of insurance for international maritime transport, international commercial aviation and space launching and freight (including satellites) and goods in international transit (includes goods transported). Does not include national transport ‘cabotage’.




Brokers of insurance for international maritime transport, international commercial aviation and space launching and freight (including satellites) and goods in international transit (includes the goods being transported, the vehicle transporting the goods and any civil responsibility deriving therefrom). Does not include national transport ‘cabotage’.




Reinsurance and retrocession; reinsurance brokerage; and consultancy, actuarial and risk assessment services.




Banking and other financial services (excluding insurance)


Provision and transfer of financial information, and financial data processing and related software by suppliers, of other financial services.




Advisory and other auxiliary financial services, excluding intermediation and credit reference and analysis, relating to banking and other financial services.




SECTION B
MARKET ACCESS COMMITMENTS WITH RESPECT TO INVESTMENT LIBERALISATION
Chile reserves the right to adopt or maintain any measure with respect to Article 25.6, except for the following subsectors and financial services defined in accordance with the relevant Chilean laws and regulations and subject to the terms, limitations and conditions specified below:








1.


The Chilean financial services sector is partially compartmentalised, that is to say the institutions, domestic and foreign, authorised to operate as banks may not participate directly in the insurance and securities business and vice versa.












2.


Chile reserves the right to adopt measures to regulate financial conglomerates, including the entities forming part of such conglomerates.








Sector or subsector


Limitations on market access




All financial services


Chile may, on a non-discriminatory basis, restrict or require a specific type of legal entity, including corporations, foreign branches, representative offices or any other form of commercial presence, through which entities operating in all financial services subsectors may supply financial services.
Chile may, on a non-discriminatory basis, restrict or require a specific type of corporation.




All insurance and insurance-related services


In Chile, the insurance business is divided into two groups: the first group comprises companies that insure goods or property (patrimonio) against the risk of loss or damage, while the second comprises those that cover personal risks or guarantee, within or at the end of a certain term, a capital sum, a paid-up policy or an income for the insured or their beneficiaries. The same insurance company may not be constituted in such a way as to cover both categories of risk.
Credit insurance companies must be constituted as legal entities with the sole purpose of covering this type of risk, for example, loss of or damage to the patrimony of the insured as a result of the non-payment of a money debt or loan, being also permitted to cover guarantee and fidelity risks.
Insurance corporations can be legally constituted only in accordance with the provisions of the ‘Law on corporations (ley sobre sociedades anónimas)’. Branches of foreign companies that may operate in the Chilean insurance sector should be established in Chile as a ‘foreign corporation agency (agencia de sociedad anónima extranjera)’ authorised for such purposes.
Insurance may be taken out directly or through registered insurance brokers who, to engage in that activity, must be enrolled in the registry.




Direct insurance


Sale of direct life insurance (does not include insurance related to the social security system) (CPC 81211).


Insurance services can be provided only by insurance companies constituted in Chile as corporations (sociedades anónimas) or as branches of foreign corporations with the sole purpose of developing this line of business.




Sale of direct general insurance (CPC 8129, except for CPC 81299) excluding social security health institutions (Instituciones de Salud Previsional, ISAPRES), for example juridical persons set up for the purpose of providing health benefits to natural persons who opt to become members and are financed via mandatory contributions of taxable income or a higher amount, as the case may be. It also excludes the National Health Fund (Fondo Nacional de Salud, FONASA), a public agency financed by the government and via mandatory contributions of taxable income, which is responsible for paying health benefits for individuals that are not members of an ISAPRE. Does not include the sale of insurance for international maritime transport, international commercial aviation and goods in international transit.


Insurance services can be provided only by insurance companies constituted in Chile as corporations (sociedades anónimas) or as branches of foreign corporations with the sole purpose of developing this line of business, either direct life insurance or direct general insurance.
In the case of general credit insurance (CPC 81296), the enterprise must be established as an insurance corporation established in Chile with the sole purpose of covering this type of risk.




 


Sale of insurance for international maritime transport, international commercial aviation and space launching and freight (including satellites) and goods in international transit (including goods transported). Does not include national transport ‘cabotage’.


Sale of insurance for international maritime transport, international commercial aviation and space launching and freight (including satellites) and goods in international transit (including goods transported) may be offered by insurance corporations constituted in Chile which have the sole purpose of developing the business of direct general insurance.




Reinsurance and retrocession


Reinsurance and retrocession (includes reinsurance brokers).


Reinsurance is provided by reinsurance corporations established in Chile and authorised by the CMF. Insurance corporations may also provide reinsurance services as a complement to their insurance business if their articles of association so allow.
Reinsurance and retrocession services may also be provided by foreign reinsurers and foreign reinsurance brokers enrolled in the register maintained by the CMF (‘the Register’).




Insurance intermediation


Brokerage of insurance (excluding insurance for international maritime transport, international commercial aviation and space launching and freight, including satellites, and goods in international transit).


Only juridical persons legally constituted in Chile for this specific purpose may provide insurance brokerage services.




Brokerage of insurance for international maritime transport, international commercial aviation and space launching and freight (including satellites) and goods in international transit including the goods being transported, the vehicle transporting the goods and any civil responsibility deriving therefrom). Does not include national transport ‘cabotage’.


Brokers of insurance for international maritime transport, international commercial aviation and space launching and freight (including satellites) and goods in international transit must be enrolled in the Register and fulfil the requirements established by the CMF. Only juridical persons legally constituted in Chile for this specific purpose may provide this service.




Services auxiliary to insurance such as consultancy, actuarial, risk assessment and claim settlement services


Claim settlement services.


Claim settlement services may be offered directly by insurance companies established in Chile or by juridical persons constituted in Chile.




Auxiliary insurance services (only consultancy, actuarial services and risk assessment).


Auxiliary insurance services may only be provided by juridical persons constituted in Chile.




 


Administration of voluntary pension savings plans (ahorro previsional voluntario) through life insurance.


Unbound with respect to subparagraph (e) of Article 25.6(1). The voluntary pension savings plans may only be offered by life insurance companies established in Chile in accordance with what is set out above. Those plans and associated policies must have prior authorisation from the CMF.




Banking services


Foreign banking institutions must be banking companies (sociedades bancarias) legally constituted in their country of origin and must contribute the capital required by Chilean law.
Foreign banking institutions may only operate:






(a)


through shareholdings in Chilean banks constituted as corporations (sociedades anónimas) in Chile;










(b)


by becoming constituted as a corporation in Chile; or










(c)


as branches of foreign corporations constituted in Chile as a foreign corporation agency (agencia de sociedad anónima extranjera), in which case the legal personality in the country of origin is recognised. For the purposes of foreign bank branch operations in Chile, the capital effectively invested in Chile is considered, and not that of the main office. The increases of capital or reserves that do not come from capitalisation of other reserves will have the same treatment as the initial capital and reserves. In the transactions between a branch and its main office abroad, both will be considered as independent entities.








 


No national or foreign natural or juridical person may acquire directly or through third parties shares in a bank which, alone or added to the shares such a person already possesses, represent more than 10 % of the bank's capital without having first obtained the authorisation of the CMF.
In addition, the partners or shareholders of a financial institution may not transfer a percentage of rights or shares in their company in excess of 10 % without having obtained authorisation from the CMF.
Banking institutions must be established as corporations (sociedades anónimas) or as branches, under Chilean laws and regulations, in conformity with the General Banking Law (DFL No3) and with Sociedades Anónimas Law (Ley No18.046), related to the establishment of a foreign corporation agency. The capital and the reserves that foreign banks assign to their branches, must be effectively transferred and converted into domestic currency in conformity with any of the systems authorised by law or by the Banco Central de Chile. The increases of capital or reserves that do not come from capitalisation of other reserves will have the same treatment as the initial capital and reserves. In the transactions between a branch and its main office abroad, both will be considered as independent entities. No foreign bank will be able to invoke rights derived from its nationality regarding transactions that its branch may carry out in Chile.
The supply of financial services that complement core banking services may be provided directly by those institutions, following prior authorisation, or through incorporated subsidiaries, which CMF shall determine.




Acceptance of deposits and other repayable funds from the public


Acceptance of deposits (only current bank accounts (cuentas corrientes bancarias), sight deposits, time deposits savings accounts, financial instruments with repurchase agreements, and warranty deposits or surety bonds).
Purchase of publicly-offered securities (only purchase of bonds, purchase of letters of credit, subscription and placement as agents of shares, bonds and letters of credit (underwriting)).
Securities custody.


Only banks established in Chile in accordance with the above provisions.




Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction


Credit granting (only ordinary loans, consumer credit, loans in letters of credit, mortgage loans, mortgage loans in letters of credit, purchase of financial instruments with resale agreements, credit for issue of bank surety bonds or other types of financing, issue and negotiation of letters of credit for imports and exports and issue and confirmation of stand-by letters of credit).


Only banks established in Chile in accordance with the above provisions.




Factoring.


Unbound with respect to subparagraph (e) of Article 25.6(1).
Factoring services are regarded as complementary banking services and are therefore subject to authorisation by the CMF. CMF may impose more stringent non-discriminatory requirements.




Securitisation.


Securitisation services are regarded as complementary banking services.




Financial leasing


Financial leasing (CPC 81120) (these companies may offer leasing contracts for goods acquired at the client's request, i.e. they cannot acquire goods in order to stock them and offer them for leasing).


Financial leasing services are considered as complementary banking services and can be provided by banks or through incorporated subsidiaries expressly authorised for those purposes. CMF may impose more stringent non-discriminatory requirements.




All payments and money transmission services, including credit, charge and debits cards, travellers cheques and bankers draft


Issue and operation of credit and debit cards (CPC 81133) (only credit cards issued in Chile).
Travellers' cheques.
Transfer of funds (bank drafts).
Discounting or acquisition of bills of exchange and promissory notes.


Only banks established in Chile in accordance with the above provisions.




Guarantees and commitments


Endorsement and guarantee of third-party liabilities in Chilean currency and foreign currency.


Only banks established in Chile in accordance with the above provisions.




Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise


Intermediation of publicly offered securities (CPC 81321).


Intermediation of publicly offered securities is considered as complementary banking services and can be provided by banks through subsidiaries incorporated in Chile, security agents or stockbrokers, expressly authorised.




Other financial services


Advisory and other auxiliary financial services (CPC 8133) (only services indicated in the banking subsector in this section).


None.




Other financial services


Voluntary pension savings plans (Planes de Ahorro Previsional Voluntario).


Unbound with respect to subparagraph (e) of Article 25.6(1).
Voluntary savings plans may only be offered by banks established in Chile under one of the arrangements previously mentioned.




Trust management operations (administración de fideicomisos).


Only banks established in Chile in accordance with the above provisions.




Provision and transfer of financial information and financial data processing and related software by suppliers of other financial services.


None.




Exchange market operations carried out according to the regulation issued or to be issued by the Central Bank of Chile.


Only banks, juridical persons, stockbrokers and securities agents, all of which must be established in Chile as legal entities, can operate in the formal exchange market. Juridical persons, stockbrokers and securities agents require prior authorisation from the Central Bank of Chile (Banco Central de Chile) to operate in the formal exchange market.




Other financial services / securities services








1.


Publicly offered securities may be traded by juridical persons whose sole purpose is securities brokerage, either as members of a stock exchange (stockbrokers) or outside the stock exchange (securities agents), and they must be registered with the CMF. However, only stockbrokers may trade shares or their derivatives (subscription options) on the stock exchange. Non-share securities may be traded by stockbrokers or securities agents registered.










2.


Publicly offered securities risk rating services are provided by rating agencies constituted for the sole purpose of rating publicly offered securities, and they must be enrolled in the Registro de Entidades Clasificadoras de Riesgo (Register of Risk Rating Agencies) maintained by the CMF. They are inspected and controlled by the CMF. On the other hand, the inspection of rating agencies with respect to the rating of securities issued by banks and financial companies is the responsibility of the CMF.










3.


Only banks, juridical persons, stockbrokers and securities agents, all of which must be established in Chile as legal entities, can operate in the formal exchange market. Juridical persons, stockbrokers and securities agents require prior authorisation from the Central Bank of Chile (Banco Central de Chile) to operate in the formal exchange market.










4.


In order to trade on the stock exchange, intermediaries (stockbrokers) must be constituted as juridical persons in Chile. They must acquire a share in their respective stock exchange and be accepted as members of this exchange.








Subsector


Limitations on market access




Intermediation of publicly offered securities, except shares (CPC 81321).
Subscription and placement as agents (underwriting).


Brokerage activities must be supplied through a juridical person constituted in Chile. CMF may require more stringent non-discriminatory requirements.




 


Intermediation of publicly offered shares of corporations (CPC 81321) (includes subscription and placement as agents, underwriting).


In order to trade on the stock exchange, intermediaries (stockbrokers) must be constituted as a juridical person in Chile. They must acquire a share in the respective stock exchange and be accepted as members of this exchange. CMF may impose more stringent non-discriminatory requirements.




Operations in stock exchange derivatives authorised by the CMF (only dollar and interest rate futures, and options on shares. Shares must fulfil the requirements established by the respective clearing house, Cámara de Compensación).


In order to trade on the stock exchange, intermediaries (stockbrokers) must be constituted as juridical persons in Chile. They must acquire a share in their respective stock exchange and be accepted as members of this exchange. CMF may impose more stringent non-discriminatory requirements.




Trading in metals on the stock exchange (only gold and silver).


Trading in gold and silver may be carried out by stockbrokers on their own account and for third parties in the stock exchange in accordance with stock exchange regulations. In order to trade on the stock exchange, intermediaries (stockbrokers) must be constituted as juridical persons in Chile. They must acquire a share in their respective stock exchange and be accepted as members of this exchange. CMF may impose more stringent non-discriminatory requirements.




 


Securities risk rating (relates solely to rating or giving an opinion on publicly offered securities).


They must be established in Chile as a partnership (sociedad de personas). One of the specific requirements to be fulfilled is that not less than 60 % of the company's capital must be held by the principal partners (natural or juridical persons in this line of business holding a minimum of 5 % of the membership rights in the rating agency).




Securities custody undertaken by securities intermediaries (CPC 81319) (does not include the services offered by suppliers who combine custody, securities clearance and settlement (securities depositories, depósitos de valores)).


For securities custody, intermediaries (stockbrokers and agents) must be constituted in Chile as a juridical person.
Securities custody may be undertaken by securities intermediaries (stockbrokers and securities agents) as an activity complementary to their sole purpose which is securities brokerage. It may also be undertaken by entities that provide depository and custodial services for securities which should be constituted as special corporations with the sole purpose of receiving in deposit publicly offered securities from entities authorised by law and to facilitate operations for the transfer of such securities (centralised securities depositories, depósitos centralizados de valores).




 


Custody undertaken by entities for the deposit and custody of securities.


Security deposit and custody entities must be constituted in Chile as corporations set up for that sole purpose.




Financial portfolio management services supplied by securities intermediaries (this does not, under any circumstances, include a General Management Fund (Administradora General de Fondos), management of mutual funds, foreign capital investment funds, investment funds and pension funds).


Financial portfolio management services supplied by securities intermediaries established as juridical persons in Chile. CMF may impose more stringent non-discriminatory requirements.




Financial advisory services supplied by securities intermediaries (CPC 81332) (financial advice refers only to the securities services for which market access commitments are undertaken).


Financial advisory services supplied by securities intermediaries constituted as juridical persons in Chile. CMF may impose more stringent non-discriminatory requirements.
Financial advisory services, which involve giving financial advice on financing alternatives, investment appraisal, investment possibilities and debt rescheduling strategies may be undertaken by securities intermediaries (stockbrokers and securities agents) as an activity complementary to their sole purpose.




 


Management of funds of third parties performed by:
(In no circumstances does this include management of pension funds and voluntary pension savings plans (planes de ahorro previsional voluntario))






—


mutual funds management companies;










—


investment funds management companies;










—


foreign capital investment funds management companies.






The fund management service may be carried out by corporations set up for that sole purpose, constituted in Chile, with authorisation from the CMF. Foreign capital investment funds may also be managed by investment funds management companies.




Management of voluntary pension savings plans (planes de ahorro previsional voluntario).


Unbound with respect to subparagraph (e) of Article 25.6(1). The voluntary savings plans may only be offered by mutual funds and investment funds managers established in Chile in accordance with the terms set out above. Those plans must have prior authorisation from the CMF.




Service of clearing houses for derivatives (contracts for futures and options on securities).


Clearing houses for futures contracts and options on securities must be constituted in Chile as corporations for that sole purpose and with an authorisation from the CMF. They may only be constituted by stock exchanges and their stockbrokers.




 


General deposit warehouses (warrants) (Corresponds to merchandise warehousing services accompanied by the issue of a deposit certificate and a chattel mortgage receipt (vale de prenda)).


Only juridical persons duly constituted in Chile who have the supply of warrant services as their sole purpose.




Securities issue and registration services (CPC 81332) (does not include deposit and custody of securities services).


None.




Cattle and agricultural commodities exchanges. Service of clearing houses of futures and options on cattle and agricultural commodities.


Entities must be established as special purpose corporations (sociedades anónimas especiales) under Chilean law.




Cattle and agricultural commodities brokerage.


The activity of cattle and agricultural commodities broker must be performed by legal entities established under Chilean law.




Stock exchanges.


Stock exchanges must be established as special purpose corporations (sociedades anónimas especiales) under Chilean law.




Other financial services


Management of mortgage loans as established in Decreto con Fuerza de Ley No 251, Ley de Seguros, Title V.


Mortgage loans management agencies must be established as corporations (sociedades anónimas).




Other services related to financial services


Representative offices of foreign banks as business agents (in no case may these representations carry out acts that are proper to the banking business).


The CMF may authorise foreign banks to maintain representative offices acting as business agents for their main offices and shall exercise upon them the same inspection authority granted to the CMF by the General Banking Law (Ley General de Bancos) with respect to banks.
The authorisation given by the CMF to representative offices is subject to revocation if its maintenance is found to be inconvenient, as expressed in the General Banking Law (Ley General de Bancos).








Headnotes to Sections C and D








1.


Commitments in the financial services sector under Chapter 25 are undertaken subject to the limitations and conditions set out in these headnotes and the schedule below.












2.


Juridical persons supplying financial services and constituted under the laws and regulations of Chile are subject to non-discriminatory limitations on legal form. For example, partnerships (sociedades de personas) are generally not acceptable legal forms for financial institutions in Chile. This headnote is not in and of itself intended to affect or otherwise limit a choice by a financial institution of the EU Party between branches and subsidiaries unless the laws and regulations of Chile so provide.




SECTION C
EXISTING MEASURES






Sector:


Financial services




Sub-sector:


Banking and other financial services




Obligations concerned:


National treatment
Senior management and boards of directors




Level of government:


Central




Measures:


Ley No 18.045, Official Gazette of 22 October 1981, Ley de Mercado de Valores, Titles VI and VII, Articles 24, 26 and 27.




Description:


The directors, administrators, managers or legal representatives of legal entities or natural persons performing the activities of stockbroker and securities agent, must be Chileans or foreigners with a permanent residence permit.




Sector:


Financial services




Sub-sector:


Insurance and insurance-related services




Obligations concerned:


National treatment (Article 25.3)




Level of government:


Central




Measures:


Decreto con Fuerza de Ley No 251, Official Gazette of 22 May 1931, Ley de Seguros, Title I, Article 16.




Description:


Reinsurance brokerage can be performed by foreign reinsurance brokers. These brokers shall be juridical persons, demonstrate that the entity is legally organised in its country of origin and authorised to intermediate risks ceded from abroad, and provide the date that such authorisation was granted. Such entities shall designate a representative in Chile to represent them with broad powers. The representative may be subject to summons and must have residence in Chile.




Sector:


Financial services




Sub-sector:


Insurance and insurance-related services




Obligation concerned:


National treatment
Senior management and board directors




Level of government:


Central




Measure:


Decreto con Fuerza de Ley 251, Official Gazette of 22 May 1931, Ley de Seguros, Title III, Articles 58 and 62, Decreto Supremo No 863 de 1989 del Ministerio de Hacienda, Official Gazette of 5 April 1990, Reglamento de los Auxiliares del Comercio de Seguros, Title I, Article 2, letter (c).




Description:


Administrators and legal representatives of legal entities and natural persons performing the activity of claim settlement and insurance brokerage must be Chileans or foreigners with a permanent residence permit.




Sector:


Financial services




Sub-Sector:


Insurance and insurance-related services




Obligations concerned:


National treatment




Level of government:


Central




Measures:


Decreto con Fuerza de Ley No 251, Official Gazette of 22 May 1931, Ley de Seguros, Title I, Article 20.




Description:


In the case of the types of insurance covered in Decreto Ley 3.500, involving the cession of reinsurance to foreign reinsurers, the deduction for reinsurance cannot exceed 40 % of the total of the technical reserves associated with those types of insurance or a higher percentage if set by the Financial Market Commission (Comisión para el Mercado Financiero).




Sector:


Financial services




Sub-sector:


Insurance and insurance-related services




Obligations concerned:


National treatment




Level of government:


Central




Measures:


Decreto con Fuerza de Ley No 251, Diario Oficial, May 22, 1931, Ley de Seguros, Title I.




Description:


The reinsurance activity may be provided by foreign entities classified, according to risk rating agencies of international well-known reputation as indicated by the Financial Market Commission (Comisión para el Mercado Financiero), at least in the risk category BBB or other equivalent to it. These entities shall have a representative in Chile who will represent them with broad powers. The representative may be subject to summons. Notwithstanding the aforementioned, the designation of a representative will not be necessary if a reinsurance broker, registered on the records of the CMF, carries out the reinsurance operation. For all purposes, especially for those relating to the application and performance in the country of the reinsurance contract, this broker shall be considered the legal representative of the reinsurers.




Sector:


Financial services




Sub-sector:


Banking and other financial services




Obligations concerned:


National treatment




Measures:


Ley No 18.045, Official Gazette of 22 October 1981, Ley de Mercado de Valores, Titles VI and VII, Articles 24 and 26.




Description:


Natural persons performing the activity of stockbroker and securities agent in Chile must be Chileans or foreigners with a residence permit.




Sector:


Financial services




Subsector:


All




Obligations concerned:


National treatment
Senior management and boards of directors
Performance requirements




Level of government:


Central




Measures:


D.F.L. 1 of the Ministry of Labour and Social Welfare, Official Gazette, 24 January 1994, Labour Code, Preliminary Title, Book I, Chapter III (D.F.L. 1 del Ministerio del Trabajo y Previsión Social, Diario Oficial, enero 24, 1994, Código del Trabajo, Título Preliminar, Libro I, Capítulo III).




Description:


A minimum of 85 % of employees who work for the same employer shall be Chilean natural persons or foreigners with more than five years of residence in Chile. This rule applies to employers with more than 25 employees under a contract of employment (contrato de trabajo
                      (1)). Expert technical personnel shall not be subject to this provision, as determined by the Directorate of Labour (Dirección del Trabajo). An employee shall be understood to mean any natural person who supplies intellectual or material services, under dependency or subordination, pursuant to a contract of employment.




SECTION D
FUTURE MEASURES






Sector:


Financial services




Sub-sector:


All




Obligations concerned:


Cross-border supply of financial services




Level of government:


Central




Description:


The purchase of financial services by persons located in the territory of Chile and its nationals wherever located from financial services suppliers of the EU Party shall be subject to the foreign exchange regulations adopted or maintained by the Banco Central de Chile in accordance with its Organic Law (Ley 18.840).




Existing measures:


Ley 18.840, Official Gazette of 10 October 1989, Ley Orgánica Constitucional del Banco Central de Chile, Title III




Sector:


Financial services




Sub-sector:


Banking and other financial services




Obligations concerned:


National Treatment




Level of government:


Central




Description:


Chile may adopt or maintain measures to grant Banco del Estado de Chile, a Chilean state-owned bank, powers to comply with functions related to the financial administration of the State that are or might be established according to Chile's laws and regulations. These measures include the management of the Chilean government financial resources which is made through deposits in the Cuenta Única Fiscal and its subsidiary accounts, all of which must be kept at Banco del Estado de Chile.




Existing measures:


Decreto Ley No 2.079, Official Gazette of 18 January 1978, Ley Orgánica del Banco del Estado de Chile Decreto Ley No 1.263, Official Gazette of 28 November 1975, Decreto Ley Orgánico de Administración Financiera del Estado, Article 6.




Sector:


Financial services




Sub-sector:


Insurance and insurance-related services




Obligations concerned:


Cross-border supply of financial services




Level of government:


Central




Description:


All types of insurance (2) that Chilean law makes or may make compulsory, and all insurance related to social security, cannot be contracted outside Chile.
This reservation does not apply in the event that Chilean law makes compulsory insurance for international maritime transport, international commercial aviation and space launching and freight (including satellites) and goods in international transit (includes goods transported). This exclusion does not apply to insurance for cabotage or related activities.




Existing measures:


Decreto con Fuerza de Ley No 251, Official Gazette of 22 May 1931, Ley de Seguros, Title I, Article 4.




Sector:


Financial services




Sub-sector:


Social services




Obligations concerned:


Market access
Cross-border supply of financial services
Performance requirements




Level of government:


Central




Description:


Chile reserves the right to adopt or maintain any measure with respect to the provision of public law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for reasons of public interest: income security or insurance, social security or insurance, social welfare, public education, public training, health care and childcare.




Sector:


Financial services




Sub-sector:


All




Obligations concerned:


National treatment
Senior management and board of directors




Description:


In the transfer or disposal of any interest in stock or asset held in an existing state enterprise or governmental entity, Chile reserves the right to prohibit or impose limitations on the ownership of said interest or asset, and on the right of foreign investors or their investment to control any State company created thereby or investments made by the same. In connection with any such transfer or disposal, Chile may adopt or maintain any measure related to the nationality of senior management and members of the board of directors. A State company means any company owned or controlled by Chile by means of an interest share in the ownership thereof, including any company created after the date of entry into force of this Agreement for the sole purpose of selling or disposing of its interest share in the capital or assets of an existing state-owned enterprise or governmental entity.






(1)  For greater certainty, a contract of employment (contrato de trabajo) is not mandatory for the supply of cross-border trade in services.

(2)  For greater certainty this reservation does not apply to reinsurance services.






ANNEX 28-A
PUBLIC PROCUREMENT
THE EU PARTY
SECTION A
CENTRAL GOVERNMENT ENTITIES
Supplies
Specified in Section D






Thresholds


SDR 130 000
                     




Services
Specified in Section E






Thresholds


SDR 130 000
                     




Works
Specified in Section F






Thresholds


SDR 5 000 000
                     












1.


European Union entities:






(a)


the Council of the European Union;










(b)


the European Commission; and










(c)


the European External Action Service (EEAS).
















2.


The central government contracting authorities of the Member States of the European Union:




BELGIUM












1.


Services publics fédéraux:












1.


Federale Overheidsdiensten:








SPF Chancellerie du Premier Ministre;


FOD Kanselarij van de Eerste Minister;




SPF Personnel et Organisation;


FOD Kanselarij Personeel en Organisatie;




SPF Budget et Contrôle de la Gestion;


FOD Budget en Beheerscontrole;




SPF Technologie de l'Information et de la Communication (Fedict);


FOD Informatie- en Communicatietechnologie (Fedict);




SPF Affaires étrangères, Commerce extérieur et Coopération au Développement;


FOD Buitenlandse Zaken, Buitenlandse Handel en Ontwikkelingssamenwerking;




SPF Intérieur;


FOD Binnenlandse Zaken;




SPF Finances;


FOD Financiën;




SPF Mobilité et Transports;


FOD Mobiliteit en Vervoer;




SPF Emploi, Travail et Concertation sociale;


FOD Werkgelegenheid, Arbeid en sociaal overleg;




SPF Sécurité Sociale et Institutions publiques de Sécurité Sociale;


FOD Sociale Zekerheid en Openbare Instellingen van sociale Zekerheid;




SPF Santé publique, Sécurité de la Chaîne alimentaire et Environnement;


FOD Volksgezondheid, Veiligheid van de Voedselketen en Leefmilieu;




SPF Justice;


FOD Justitie;




SPF Economie, PME, Classes moyennes et Energie;


FOD Economie, KMO, Middenstand en Energie;




Ministère de la Défense;


Ministerie van Landsverdediging;




Service public de programmation Intégration sociale, Lutte contre la pauvreté Et Economie sociale;


Programmatorische Overheidsdienst Maatschappelijke Integratie, Armoedsbestrijding en sociale Economie;




Service public fédéral de Programmation Développement durable;


Programmatorische federale Overheidsdienst Duurzame Ontwikkeling;




Service public fédéral de Programmation Politique scientifique;


Programmatorische federale Overheidsdienst Wetenschapsbeleid;










2.


Régie des Bâtiments:












2.


Regie der Gebouwen:








Office national de Sécurité sociale;


Rijksdienst voor sociale Zekerheid;




Institut national d'Assurance sociales Pour travailleurs indépendants;


Rijksinstituut voor de sociale Verzekeringen der Zelfstandigen;




Institut national d'Assurance Maladie-Invalidité;


Rijksinstituut voor Ziekte- en Invaliditeitsverzekering;




Office national des Pensions;


Rijksdienst voor Pensioenen;




Caisse auxiliaire d'Assurance Maladie-Invalidité;


Hulpkas voor Ziekte- en Invaliditeitsverzekering;




Fond des Maladies professionnelles;


Fonds voor Beroepsziekten;




Office national de l'Emploi;


Rijksdienst voor Arbeidsvoorziening




La Poste (*1)



De Post (*1)





BULGARIA
Администрация на Народното събрание (Administration of the National Assembly);
Администрация на Президента (Administration of the President);
Администрация на Министерския съвет (Administration of the Council of Ministers);
Конституционен съд (Constitutional Court);
Българска народна банка (Bulgarian National Bank);
Министерство на външните работи (Ministry of Foreign Affairs);
Министерство на вътрешните работи (Ministry of the Interior);
Министерство на извънредните ситуации (Ministry of Еmergency Situations);
Министерство на държавната администрация и административната реформа (Ministry of State Administration and Administrative Reform);
Министерство на земеделието и храните (Ministry of Agriculture and Food);
Министерство на здравеопазването (Ministry of Health);
Министерство на икономиката и енергетиката (Ministry of Economy and Energy);
Министерство на културата (Ministry of Culture);
Министерство на образованието и науката (Ministry of Education and Science);
Министерство на околната среда и водите (Ministry of Environment and Water);
Министерство на отбраната (Ministry of Defence);
Министерство на правосъдието (Ministry of Justice);
Министерство на регионалното развитие и благоустройството (Ministry of Regional Development and Public Works);
Министерство на транспорта (Ministry of Transport);
Министерство на труда и социалната политика (Ministry of Labour and Social Policy);
Министерство на финансите (Ministry of Finance);
държавни агенции, държавни комисии, изпълнителни агенции и други държавни институции, създадени със закон или с постановление на Министерския съвет, които имат функции във връзка с осъществяването на изпълнителната власт (state agencies, state commissions, executive agencies and other state authorities established by law or by Council of Ministers' decree having a function relating to the exercise of executive power):
Агенция за ядрено регулиране (Nuclear Regulatory Agency);
Държавна комисия за енергийно и водно регулиране (Energy and Water State Regulatory Commission);
Държавна комисия по сигурността на информацията (State Commission on Information Security);
Комисия за защита на конкуренцията (Commission for Protection of Competition);
Комисия за защита на личните данни (Commission for Personal Data Protection);
Комисия за защита от дискриминация (Commission for Protection Against Discrimination);
Комисия за регулиране на съобщенията (Communications Regulation Commission);
Комисия за финансов надзор (Financial Supervision Commission);
Патентно ведомство на Република България (Patent Office of the Republic of Bulgaria);
Сметна палата на Република България (National Audit Office of the Republic of Bulgaria);
Агенция за приватизация (Privatization Agency);
Агенция за следприватизационен контрол (Agency for Post-privatization Control);
Български институт по метрология (Bulgarian Institute for Metrology);
Държавна агенция ‘Архиви’ (State Agency ‘Archives’);
Държавна агенция ‘Държавен резерв и военновременни запаси’ (State Agency ‘State Reserve and War-Time Stocks’);
Държавна агенция за бежанците (State Agency for Refugees);
Държавна агенция за българите в чужбина (State Agency for Bulgarians Abroad);
Държавна агенция за закрила на детето (State Agency for Child Protection);
Държавна агенция за информационни технологии и съобщения (State Agency for
Information Technology and Communications);
Държавна агенция за метрологичен и технически надзор (State Agency for Metrological and Technical Surveillance);
Държавна агенция за младежта и спорта (State Agency for Youth and Sports);
Държавна агенция по туризма (State Agency for Tourism);
Държавна комисия по стоковите борси и тържища (State Commission on Commodity
Exchanges and Market-places);
Институт по публична администрация и европейска интеграция (Institute of Public
Administration and European Integration);
Национален статистически институт (National Statistical Institute);
Агенция ‘Митници’ (Customs Agency);
Агенция за държавна и финансова инспекция (Public Financial Inspection Agency);
Агенция за държавни вземания (State Receivables Collection Agency);
Агенция за социално подпомагане (Social Assistance Agency);
Държавна агенция ‘Национална сигурност’ (State Agency ‘National Security’);
Агенция за хората с увреждания (Agency for Persons with Disabilities);
Агенция по вписванията (Registry Agency);
Агенция по енергийна ефективност (Energy Efficiency Agency);
Агенция по заетостта (Employment Agency);
Агенция по геодезия, картография и кадастър (Geodesy, Cartography and Cadastre
Agency);
Агенция по обществени поръчки (Public Procurement Agency);
Българска агенция за инвестиции (Bulgarian Investment Agency);
Главна дирекция ‘Гражданска въздухоплавателна администрация’ (General Directorate ‘Civil Aviation Administration’);
Дирекция за национален строителен контрол (Directorate for National Construction
Supervision);
Държавна комисия по хазарта (State Commission on Gambling);
Изпълнителна агенция ‘Автомобилна администрация’ (Executive Agency ‘Automobile Administration’);
Изпълнителна агенция ‘Борба с градушките’ (Executive Agency ‘Hail Suppression’);
Изпълнителна агенция ‘Българска служба за акредитация’ (Executive Agency ‘Bulgarian Accreditation Service’);
Изпълнителна агенция ‘Главна инспекция по труда’ (Executive Agency ‘General Labour Inspectorate’);
Изпълнителна агенция ‘Железопътна администрация’ (Executive Agency ‘Railway
Administration’);
Изпълнителна агенция ‘Морска администрация’ (Executive Agency ‘Maritime
Administration’);
Изпълнителна агенция ‘Национален филмов център’ (Executive Agency ‘National Film Centre’);
Изпълнителна агенция ‘Пристанищна администрация’ (Executive Agency ‘Port
Administration’);
Изпълнителна агенция ‘Проучване и поддържане на река Дунав’ (Executive Agency ‘Exploration and Maintenance of the Danube River’);
Фонд ‘Републиканска пътна инфраструктура’ (National Infrastructure Fund);
Изпълнителна агенция за икономически анализи и прогнози (Executive Agency for
Economic Analysis and Forecasting);
Изпълнителна агенция за насърчаване на малките и средни предприятия (Executive Agency for Promotion of Small and Medium Enterprises);
Изпълнителна агенция по лекарствата (Executive Agency on Medicines);
Изпълнителна агенция по лозата и виното (Executive Agency on Vine and Wine);
Изпълнителна агенция по околна среда (Executive Environment Agency);
Изпълнителна агенция по почвените ресурси (Executive Agency on Soil Resources);
Изпълнителна агенция по рибарство и аквакултури (Executive Agency on Fisheries and Aquaculture);
Изпълнителна агенция по селекция и репродукция в животновъдството (Executive
Agency for Selection and Reproduction in Animal Husbandry);
Изпълнителна агенция по сортоизпитване, апробация и семеконтрол (Executive Agency for Plant Variety Testing, Field Inspection and Seed Control);
Изпълнителна агенция по трансплантация (Transplantation Executive Agency);
Изпълнителна агенция по хидромелиорации (Executive Agency on Hydromelioration);
Комисията за защита на потребителите (Commission for Consumer Protection);
Контролно-техническата инспекция (Control Technical Inspectorate);
Национална агенция за приходите (National Revenue Agency);
Национална ветеринарномедицинска служба (National Veterinary Service);
Национална служба за растителна защита (National Service for Plant Protection);
Национална служба по зърното и фуражите (National Grain and Feed Service);
Държавна агенция по горите (State Forestry Agency).
CZECHIA








1.


Ministerstvo dopravy (Ministry of Transport);












2.


Ministerstvo financí (Ministry of Finance);












3.


Ministerstvo kultury (Ministry of Culture);












4.


Ministerstvo obrany (Ministry of Defence);












5.


Ministerstvo pro místní rozvoj (Ministry for Regional Development);












6.


Ministerstvo práce a sociálních věcí (Ministry of Labour and Social Affairs);












7.


Ministerstvo průmyslu a obchodu (Ministry of Industry and Trade);












8.


Ministerstvo spravedlnosti (Ministry of Justice);












9.


Ministerstvo školství, mládeže a tělovýchovy (Ministry of Education, Youth and Sports);












10.


Ministerstvo vnitra (Ministry of the Interior);












11.


Ministerstvo zahraničních věcí (Ministry of Foreign Affairs);












12.


Ministerstvo zdravotnictví (Ministry of Health);












13.


Ministerstvo zemědělství (Ministry of Agriculture);












14.


Ministerstvo životního prostředí (Ministry of the Environment);












15.


Poslanecká sněmovna PČR (Chamber of Deputies of the Parliament of the Czech Republic);












16.


Senát PČR (Senate of the Parliament of the Czech Republic);












17.


Kancelář prezidenta (Office of the President);












18.


Český statistický úřad (Czech Statistical Office);












19.


Český úřad zeměměřičský a katastrální (Czech Office for Surveying, Mapping and Cadastre);












20.


Úřad průmyslového vlastnictví (Industrial Property Office);












21.


Úřad pro ochranu osobních údajů (Office for Personal Data Protection);












22.


Bezpečnostní informační služba (Security Information Service);












23.


Národní bezpečnostní úřad (National Security Authority);












24.


Česká akademie věd (Academy of Sciences of the Czech Republic);












25.


Vězeňská služba (Prison Service);












26.


Český báňský úřad (Czech Mining Authority);












27.


Úřad pro ochranu hospodářské soutěže (Office for the Protection of Competition);












28.


Správa státních hmotných rezerv (Administration of the State Material Reserves);












29.


Státní úřad pro jadernou bezpečnost (State Office for Nuclear Safety);












30.


Energetický regulační úřad (Energy Regulatory Office);












31.


Úřad vlády České republiky (Office of the Government of the Czech Republic);












32.


Ústavní soud (Constitutional Court);












33.


Nejvyšší soud (Supreme Court);












34.


Nejvyšší správní soud (Supreme Administrative Court);












35.


Nejvyšší státní zastupitelství (Supreme Public Prosecutor’s Office);












36.


Nejvyšší kontrolní úřad (Supreme Audit Office);












37.


Kancelář Veřejného ochránce práv (Office of the Public Defender of Rights);












38.


Grantová agentura České republiky (Grant Agency of the Czech Republic);












39.


Státní úřad inspekce práce (State Labour Inspection Office); and












40.


Český telekomunikační úřad (Czech Telecommunication Office).




DENMARK








1.


Folketinget (The Danish Parliament);












2.


Rigsrevisionen (The National Audit Office);












3.


Statsministeriet (The Prime Minister's Office);












4.


Udenrigsministeriet (Ministry of Foreign Affairs);












5.


Beskæftigelsesministeriet - 5 styrelser og institutioner (Ministry of Employment - 5 agencies and institutions);












6.


Domstolsstyrelsen (The Court Administration);












7.


Finansministeriet - 5 styrelser og institutioner (Ministry of Finance - 5 agencies and institutions);












8.


Forsvarsministeriet - 5 styrelser og institutioner (Ministry of Defence - 5 agencies and institutions);












9.


Ministeriet for Sundhed og Forebyggelse - Adskillige styrelser og institutioner, herunder Statens Serum Institut (Ministry of the Interior and Health - Several agencies and institutions, including Statens Serum Institut);












10.


Justitsministeriet - Rigspolitichefen, anklagemyndigheden samt 1 direktorat og et antal styrelser (Ministry of Justice - Commissioner of Police, 1 directorate and a number of agencies);












11.


Kirkeministeriet - 10 stiftsøvrigheder (Ministry of Ecclesiastical Affairs - 10 diocesan authorities);












12.


Kulturministeriet - 4 styrelser samt et antal statsinstitutioner (Ministry of Culture – 4 Departments and a number of institutions);












13.


Miljøministeriet - 5 styrelser (Ministry of the Environment - 5 agencies);












14.


Ministeriet for Flygtninge, Invandrere og Integration - 1 styrelse (Ministry of Refugee, Immigration and Integration Affairs - 1 agency);












15.


Ministeriet for Fødevarer, Landbrug og Fiskeri - 4 direktorater og institutioner (Ministry of Food, Agriculture and Fisheries - 4 directorates and institutions);












16.


Ministeriet for Videnskab, Teknologi og Udvikling - Adskillige styrelser og institutioner, Forskningscenter Risø og Statens uddannelsesbygninger (Ministry of Science, Technology and Innovation - Several agencies and institutions, including Risoe National Laboratory and Danish National Research and Education Buildings);












17.


Skatteministeriet - 1 styrelse og institutioner (Ministry of Taxation - 1 agency and several institutions);












18.


Velfærdsministeriet - 3 styrelser og institutioner (Ministry of Welfare - 3 agencies and several institutions);












19.


Transportministeriet - 7 styrelser og institutioner, herunder Øresundsbrokonsortiet (Ministry of Transport - 7 agencies and institutions, including Øresundsbrokonsortiet);












20.


Undervisningsministeriet - 3 styrelser, 4 undervisningsinstitutioner og 5 andre institutioner (Ministry of Education - 3 agencies, 4 educational establishments, 5 other institutions);












21.


Økonomi- og Erhvervsministeriet - Adskillige styrelser og institutioner (Ministry of Economic and Business Affairs - Several agencies and institutions);












22.


Klima- og Energiministeriet - 3 styrelser og institutioner (Ministry for Climate and Energy – 3 agencies and institutions).




GERMANY







1.


Federal Foreign Office;


Auswärtiges Amt;




2.


Federal Chancellery;


Bundeskanzleramt;




3.


Federal Ministry of Labour and Social; Affairs;


Bundesministerium für Arbeit und Soziales;




4.


Federal Ministry of Education and Research;


Bundesministerium für Bildung und Forschung;




5.


Federal Ministry for Food, Agriculture and Consumer Protection;


Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz;




6.


Federal Ministry of Finance;


Bundesministerium der Finanzen;




7.


Federal Ministry of the Interior (civil goods only);


Bundesministerium des Innern;




8.


Federal Ministry of Health;


Bundesministerium für Gesundheit;




9.


Federal Ministry for Family Affairs, Senior Citizens, Women and Youth;


Bundesministerium für Familie, Senioren, Frauen und Jugend;




10.


Federal Ministry of Justice;


Bundesministerium der Justiz;




11.


Federal Ministry of Transport, Building and Urban Affairs;


Bundesministerium für Verkehr, Bau und Stadtentwicklung;




12.


Federal Ministry of Economic Affairs and Technology;


Bundesministerium für Wirtschaft und Technologie;




13.


Federal Ministry for Economic Co-operation and Development;


Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung;




14.


Federal Ministry of Defence; and


Bundesministerium der Verteidigung;




15.


Federal Ministry of Environment, Nature Conservation and Reactor Safety.


Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit.




ESTONIA








1.


Vabariigi Presidendi Kantselei (Office of the President of the Republic of Estonia);












2.


Eesti Vabariigi Riigikogu (Parliament of the Republic of Estonia);












3.


Eesti Vabariigi Riigikohus (Supreme Court of the Republic of Estonia);












4.


Riigikontroll (The State Audit Office of the Republic of Estonia);












5.


Õiguskantsler (Legal Chancellor);












6.


Riigikantselei (The State Chancellery);












7.


Rahvusarhiiv (The National Archives of Estonia);












8.


Haridus- ja Teadusministeerium (Ministry of Education and Research);












9.


Justiitsministeerium (Ministry of Justice);












10.


Kaitseministeerium (Ministry of Defence);












11.


Keskkonnaministeerium (Ministry of Environment);












12.


Kultuuriministeerium (Ministry of Culture);












13.


Majandus- ja Kommunikatsiooniministeerium (Ministry of Economic Affairs and Communications);












14.


Põllumajandusministeerium (Ministry of Agriculture);












15.


Rahandusministeerium (Ministry of Finance);












16.


Siseministeerium (Ministry of Internal Affairs);












17.


Sotsiaalministeerium (Ministry of Social Affairs);












18.


Välisministeerium (Ministry of Foreign Affairs);












19.


Keeleinspektsioon (The Language Inspectorate);












20.


Riigiprokuratuur (Prosecutor's Office);












21.


Teabeamet (The Information Board);












22.


Maa-amet (Estonian Land Board);












23.


Keskkonnainspektsioon (Environmental Inspectorate);












24.


Metsakaitse- ja Metsauuenduskeskus (Centre of Forest Protection and Silviculture);












25.


Muinsuskaitseamet (The Heritage Board);












26.


Patendiamet (Patent Office);












27.


Tehnilise Järelevalve Amet (The Estonian Technical Surveillance Authority);












28.


Tarbijakaitseamet (The Consumer Protection Board);












29.


Riigihangete Amet (Public Procurement Office);












30.


Taimetoodangu Inspektsioon (The Plant Production Inspectorate);












31.


Põllumajanduse Registrite ja Informatsiooni Amet (Agricultural Registers and Information Board);












32.


Veterinaar- ja Toiduamet (The Veterinary and Food Board);












33.


Konkurentsiamet (The Estonian Competition Authority);












34.


Maksu- ja Tolliamet (Tax and Customs Board);












35.


Statistikaamet (Statistics Estonia);












36.


Kaitsepolitseiamet (The Security Police Board);












37.


Kodakondsus- ja Migratsiooniamet (Citizenship and Migration Board);












38.


Piirivalveamet (National Board of Border Guard);












39.


Politseiamet (National Police Board);












40.


Eesti Kohtuekspertiisi ja Instituut (Forensic Service Centre);












41.


Keskkriminaalpolitsei (Central Criminal Police);












42.


Päästeamet (The Rescue Board);












43.


Andmekaitse Inspektsioon (Estonian Data Protection Inspectorate);












44.


Ravimiamet (State Agency of Medicines);












45.


Sotsiaalkindlustusamet (Social Insurance Board);












46.


Tööturuamet (Labour Market Board);












47.


Tervishoiuamet (Health Care Board);












48.


Tervisekaitseinspektsioon (Health Protection Inspectorate);












49.


Tööinspektsioon (Labour Inspectorate);












50.


Lennuamet (Estonian Civil Aviation Administration);












51.


Maanteeamet (Estonian Road Administration);












52.


Veeteede Amet (Maritime Administration);












53.


Julgestuspolitsei (Central Law Enforcement Police);












54.


Kaitseressursside Amet (Defence Resources Agency);












55.


Kaitseväe Logistikakeskus (Logistics Centre of Defence Forces).




IRELAND








1.


President's Establishment;












2.


Houses of the Oireachtas (Parliament);












3.


Department of the Taoiseach (Prime Minister);












4.


Central Statistics Office;












5.


Department of Finance;












6.


Office of the Comptroller and Auditor General;












7.


Office of the Revenue Commissioners;












8.


Office of Public Works;












9.


State Laboratory;












10.


Office of the Attorney General;












11.


Office of the Director of Public Prosecutions;












12.


Valuation Office;












13.


Commission for Public Service Appointments;












14.


Office of the Ombudsman;












15.


Chief State Solicitor's Office;












16.


Department of Justice, Equality and Law Reform;












17.


Courts Service;












18.


Prisons Service;












19.


Office of the Commissioners of Charitable Donations and Bequests;












20.


Department of the Environment, Heritage and Local Government;












21.


Department of Education and Science;












22.


Department of Communications, Energy and Natural Resources;












23.


Department of Agriculture, Fisheries and Food;












24.


Department of Transport;












25.


Department of Health and Children;












26.


Department of Enterprise, Trade and Employment;












27.


Department of Arts, Sports and Tourism;












28.


Department of Defence;












29.


Department of Foreign Affairs;












30.


Department of Social and Family Affairs;












31.


Department of Community, Rural and Gaeltacht (Gaelic speaking regions Affairs);












32.


Arts Council;












33.


National Gallery.




GREECE








1.


Υπουργείο Εσωτερικών (Ministry of Interior);












2.


Υπουργείο Εξωτερικών (Ministry of Foreign Affairs);












3.


Υπουργείο Οικονομίας και Οικονομικών (Ministry of Economy and Finance);












4.


Υπουργείο Ανάπτυξης (Ministry of Development);












5.


Υπουργείο Δικαιοσύνης (Ministry of Justice);












6.


Υπουργείο Εθνικής Παιδείας και Θρησκευμάτων (Ministry of Education and Religion);












7.


Υπουργείο Πολιτισμού (Ministry of Culture);












8.


Υπουργείο Υγείας και Κοινωνικής Αλληλεγγύης (Ministry of Health and Social Solidarity);












9.


Υπουργείο Περιβάλλοντος, Χωροταξίας και Δημοσίων Έργων (Ministry of Environment, Physical Planning and Public Works);












10.


Υπουργείο Απασχόλησης και Κοινωνικής Προστασίας (Ministry of Employment and Social Protection);












11.


Υπουργείο Μεταφορών και Επικοινωνιών (Ministry of Transport and Communications);












12.


Υπουργείο Αγροτικής Ανάπτυξης και Τροφίμων (Ministry of Rural Development and Food);












13.


Υπουργείο Εμπορικής Ναυτιλίας, Αιγαίου και Νησιωτικής Πολιτικής (Ministry of Mercantile Marine, Aegean and Island Policy);












14.


Υπουργείο Μακεδονίας- Θράκης (Ministry of Macedonia and Thrace);












15.


Γενική Γραμματεία Επικοινωνίας (General Secretariat of Communication);












16.


Γενική Γραμματεία Ενημέρωσης (General Secretariat of Information);












17.


Γενική Γραμματεία Νέας Γενιάς (General Secretariat for Youth);












18.


Γενική Γραμματεία Ισότητας (General Secretariat of Equality);












19.


Γενική Γραμματεία Κοινωνικών Ασφαλίσεων (General Secretariat for Social Security);












20.


Γενική Γραμματεία Απόδημου Ελληνισμού (General Secretariat for Greeks Living Abroad);












21.


Γενική Γραμματεία Βιομηχανίας (General Secretariat for Industry);












22.


Γενική Γραμματεία Έρευνας και Τεχνολογίας (General Secretariat for Research and Technology);












23.


Γενική Γραμματεία Αθλητισμού (General Secretariat for Sports);












24.


Γενική Γραμματεία Δημοσίων Έργων (General Secretariat for Public Works);












25.


Γενική Γραμματεία Εθνικής Στατιστικής Υπηρεσίας Ελλάδος (National Statistical Service);












26.


Εθνικό Συμβούλιο Κοινωνικής Φροντίδας (National Welfare Council);












27.


Οργανισμός Εργατικής Κατοικίας (Workers' Housing Organisation);












28.


Εθνικό Τυπογραφείο (National Printing Office);












29.


Γενικό Χημείο του Κράτους (General State Laboratory);












30.


Ταμείο Εθνικής Οδοποιίας (Greek Highway Fund);












31.


Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών (University of Athens);












32.


Αριστοτέλειο Πανεπιστήμιο Θεσσαλονίκης (University of Thessaloniki);












33.


Δημοκρίτειο Πανεπιστήμιο Θράκης (University of Thrace);












34.


Πανεπιστήμιο Αιγαίου (University of Aegean);












35.


Πανεπιστήμιο Ιωαννίνων (University of Ioannina);












36.


Πανεπιστήμιο Πατρών (University of Patras);












37.


Πανεπιστήμιο Μακεδονίας (University of Macedonia);












38.


Πολυτεχνείο Κρήτης (Polytechnic School of Crete);












39.


Σιβιτανίδειος Δημόσια Σχολή Τεχνών και Επαγγελμάτων (Sivitanidios Technical School);












40.


Αιγινήτειο Νοσοκομείο (Eginitio Hospital);












41.


Αρεταίειο Νοσοκομείο (Areteio Hospital);












42.


Εθνικό Κέντρο Δημόσιας Διοίκησης (National Centre of Public Administration);












43.


Οργανισμός Διαχείρισης Δημοσίου Υλικού (Α.Ε. Public Material Μanagement Organisation);












44.


Οργανισμός Γεωργικών Ασφαλίσεων (Farmers' Insurance Organisation);












45.


Οργανισμός Σχολικών Κτιρίων (School Building Organisation);












46.


Γενικό Επιτελείο Στρατού (Army General Staff);












47.


Γενικό Επιτελείο Ναυτικού (Navy General Staff);












48.


Γενικό Επιτελείο Αεροπορίας (Airforce General Staff);












49.


Ελληνική Επιτροπή Ατομικής Ενέργειας (Greek Atomic Energy Commission);












50.


Γενική Γραμματεία Εκπαίδευσης Ενηλίκων (General Secretariat for Further Education);












51.


Γενική Γραμματεία Εμπορίου (General Secretariat of Commerce);












52.


Ελληνικά Ταχυδρομεία Hellenic Post (EL. TA).




SPAIN








1.


Presidencia de Gobierno;












2.


Ministerio de Asuntos Exteriores y de Cooperación;












3.


Ministerio de Justicia;












4.


Ministerio de Defensa;












5.


Ministerio de Economía y Hacienda;












6.


Ministerio del Interior;












7.


Ministerio de Fomento;












8.


Ministerio de Educación y Ciencia;












9.


Ministerio de Industria, Turismo y Comercio;












10.


Ministerio de Trabajo y Asuntos Sociales;












11.


Ministerio de Agricultura, Pesca y Alimentación;












12.


Ministerio de la Presidencia;












13.


Ministerio de Administraciones Públicas;












14.


Ministerio de Cultura;












15.


Ministerio de Sanidad y Consumo;












16.


Ministerio de Medio Ambiente;












17.


Ministerio de Vivienda.




FRANCE
Ministères:
Services du Premier ministre;
Ministère chargé de la santé, de la jeunesse et des sports;
Ministère chargé de l'intérieur, de l'outre-mer et des collectivités territoriales;
Ministère chargé de la justice;
Ministère chargé de la défense;
Ministère chargé des affaires étrangères et européennes;
Ministère chargé de l'éducation nationale;
Ministère chargé de l'économie, des finances et de l'emploi;
Secrétariat d'État aux transports;
Secrétariat d'État aux entreprises et au commerce extérieur;
Ministère chargé du travail, des relations sociales et de la solidarité;
Ministère chargé de la culture et de la communication;
Ministère chargé du budget, des comptes publics et de la fonction publique;
Ministère chargé de l'agriculture et de la pêche;
Ministère chargé de l'enseignement supérieur et de la recherche;
Ministère chargé de l'écologie, du développement et de l'aménagement durables;
Secrétariat d'État à la fonction publique;
Ministère chargé du logement et de la ville;
Secrétariat d'État à la coopération et à la francophonie;
Secrétariat d'État à l'outre-mer;
Secrétariat d'État à la jeunesse et aux sports et de la vie associative;
Secrétariat d'État aux anciens combattants;
Ministère chargé de l'immigration, de l'intégration, de l'identité nationale et du co-développement;
Secrétariat d'État en charge de la prospective et de l'évaluation des politiques publiques;
Secrétariat d'État aux affaires européennes;
Secrétariat d'État aux affaires étrangères et aux droits de l'homme;
Secrétariat d'État à la consommation et au tourisme;
Secrétariat d'État à la politique de la ville;
Secrétariat d'État à la solidarité;
Secrétariat d'État en charge de l'emploi;
Secrétariat d'État en charge du commerce, de l'artisanat, des PME, du tourisme et des services;
Secrétariat d'État en charge du développement de la région-capitale;
Secrétariat d'État en charge de l'aménagement du territoire;.
Établissements publics nationaux:
Académie de France à Rome;
Académie de marine;
Académie des sciences d'outre-mer;
Agence Centrale des Organismes de Sécurité Sociale (A.C.O.S.S.);
Agences de l'eau;
Agence Nationale de l'Accueil des Étrangers et des migrations;
Agence nationale pour l'amélioration des conditions de travail (ANACT);
Agence nationale pour l'amélioration de l'habitat (ANAH);
Agence Nationale pour la Cohésion Sociale et l'Égalité des Chances;
Agence nationale pour l'indemnisation des français d'outre-mer (ANIFOM);
Assemblée permanente des chambres d'agriculture (APCA);
Bibliothèque nationale de France;
Bibliothèque nationale et universitaire de Strasbourg;
Caisse des Dépôts et Consignations;
Caisse nationale des autoroutes (CNA);
Caisse nationale militaire de sécurité sociale (CNMSS);
Caisse de garantie du logement locatif social;
Casa de Velasquez;
Centre d'enseignement zootechnique;
Centre hospitalier national des Quinze-Vingts;
Centre international d'études supérieures en sciences agronomiques (Montpellier Sup Agro);
Centre des liaisons européennes et internationales de sécurité sociale;
Centre des Monuments Nationaux;
Centre national d'art et de culture Georges Pompidou;
Centre national de la cinématographie;
Institut national supérieur de formation et de recherche pour l'éducation des jeunes handicapés et les enseignements adaptés;
Centre National d'Études et d'expérimentation du machinisme agricole, du génie rural, des eaux et des forêts (CEMAGREF);
École nationale supérieure de Sécurité Sociale;
Centre national du livre;
Centre national de documentation pédagogique;
Centre national des œuvres universitaires et scolaires (CNOUS);
Centre national professionnel de la propriété forestière;
Centre National de la Recherche Scientifique (C.N.R.S);
Centres d'éducation populaire et de sport (CREPS);
Centres régionaux des œuvres universitaires (CROUS);
Collège de France;
Conservatoire de l'espace littoral et des rivages lacustres;
Conservatoire National des Arts et Métiers;
Conservatoire national supérieur de musique et de danse de Paris;
Conservatoire national supérieur de musique et de danse de Lyon;
Conservatoire national supérieur d'art dramatique;
École centrale de Lille;
École centrale de Lyon;
École centrale des arts et manufactures;
École française d'archéologie d'Athènes;
École française d'Extrême-Orient;
École française de Rome;
École des hautes études en sciences sociales;
École nationale d'administration;
École nationale de l'aviation civile (ENAC);
École nationale des Chartes;
École nationale d'équitation;
École Nationale du Génie de l'Eau et de l'environnement de Strasbourg;
Écoles nationales d'ingénieurs;
École nationale d'ingénieurs des industries des techniques agricoles et alimentaires de Nantes;
Écoles nationales d'ingénieurs des travaux agricoles;
École nationale de la magistrature;
Écoles nationales de la marine marchande;
École nationale de la santé publique (ENSP);
École nationale de ski et d'alpinisme;
École nationale supérieure des arts décoratifs;
École nationale supérieure des arts et industries textiles Roubaix;
Écoles nationales supérieures d'arts et métiers;
École nationale supérieure des beaux-arts;
École nationale supérieure de céramique industrielle;
École nationale supérieure de l'électronique et de ses applications (ENSEA);
École Nationale Supérieure des Sciences de l'information et des bibliothécaires;
Écoles nationales vétérinaires;
École nationale de voile;
Écoles normales supérieures;
École polytechnique;
École de viticulture Avize (Marne);
Établissement national d’enseignement agronomique de Dijon;
Établissement national des invalides de la marine (ENIM);
Établissement national de bienfaisance Koenigswarter;
Fondation Carnegie;
Fondation Singer-Polignac;
Haras nationaux;
Hôpital national de Saint-Maurice;
Institut français d'archéologie orientale du Caire;
Institut géographique national;
Institut National des Appellations d'origine;
Institut National d'enseignement supérieur et de recherche agronomique et agroalimentaire de Rennes;
Institut National d'Études Démographiques (I.N.E.D);
Institut National d'Horticulture;
Institut National de la jeunesse et de l'éducation populaire;
Institut national des jeunes aveugles Paris;
Institut national des jeunes sourds Bordeaux;
Institut national des jeunes sourds Chambéry;
Institut national des jeunes sourds Metz;
Institut national des jeunes sourds Paris;
Institut national de physique nucléaire et de physique des particules (I.N.P.N.P.P);
Institut national de la propriété industrielle;
Institut National de la Recherche Agronomique (I.N.R.A);
Institut National de la Recherche Pédagogique (I.N.R.P);
Institut National de la Santé et de la Recherche Médicale (I.N.S.E.R.M);
Institut National des Sciences de l'Univers;
Institut National des Sports et de l'Éducation Physique;
Instituts nationaux polytechniques;
Instituts nationaux des sciences appliquées;
Institut national de recherche en informatique et en automatique (INRIA);
Institut national de recherche sur les transports et leur sécurité (INRETS);
Institut de Recherche pour le Développement;
Instituts régionaux d'administration;
Institut des Sciences et des Industries du vivant et de l'environnement (Agro Paris Tech);
Institut supérieur de mécanique de Paris;
Institut Universitaires de Formation des Maîtres;
Musée de l'armée;
Musée Gustave-Moreau;
Musée national de la marine;
Musée national J.-J.-Henner;
Musée national de la Légion d'honneur;
Musée de la Poste;
Muséum National d'Histoire Naturelle;
Musée Auguste-Rodin;
Observatoire de Paris;
Office français de protection des réfugiés et apatrides;
Office National des Anciens Combattants et des Victimes de Guerre (ONAC);
Office national de la chasse et de la faune sauvage;
Office National de l'eau et des milieux aquatiques;
Office national d'information sur les enseignements et les professions (ONISEP);
Office universitaire et culturel français pour l'Algérie;
Palais de la découverte;
Parcs nationaux;
Universités.
Autre organisme public national:
Union des groupements d'achats publics (UGAP);
Agence Nationale pour l'emploi (A.N.P.E);
Autorité indépendante des marchés financiers;
Caisse Nationale des Allocations Familiales (CNAF);
Caisse Nationale d'Assurance Maladie des Travailleurs Salariés (CNAMS);
Caisse Nationale d'Assurance-Vieillesse des Travailleurs Salariés (CNAVTS).
CROATIA








1.


Croatian Parliament;












2.


President of the Republic of Croatia;












3.


Office of the President of the Republic of Croatia;












4.


Office of the President of the Republic of Croatia after the expiry of the term of office;












5.


Government of the Republic of Croatia;












6.


Offices of the Government of the Republic of Croatia;












7.


Ministry of Economy;












8.


Ministry of Regional Development and EU Funds;












9.


Ministry of Finance;












10.


Ministry of Defence;












11.


Ministry of Foreign and European Affairs;












12.


Ministry of the Interior;












13.


Ministry of Justice;












14.


Ministry of Public Administration;












15.


Ministry of Entrepreneurship and Crafts;












16.


Ministry of Labour and Pension System;












17.


Ministry of Maritime Affairs, Transport and Infrastructure;












18.


Ministry of Agriculture;












19.


Ministry of Tourism;












20.


Ministry of Environmental and Nature Protection;












21.


Ministry of Construction and Physical Planning;












22.


Ministry of Veterans' Affairs;












23.


Ministry of Social Policy and Youth;












24.


Ministry of Health;












25.


Ministry of Science, Education and Sports;












26.


Ministry of Culture;












27.


State administrative organisations;












28.


County state administration offices;












29.


Constitutional Court of the Republic of Croatia;












30.


Supreme Court of the Republic of Croatia;












31.


Courts;












32.


State Judiciary Council;












33.


State attorney's offices;












34.


State Prosecutor's Council;












35.


Ombudsman's offices;












36.


State Commission for the Supervision of Public Procurement Procedures;












37.


Croatian National Bank;












38.


State agencies and offices;












39.


State Audit Office.




ITALY
Purchasing bodies:






1.


Presidenza del Consiglio dei Ministri (Presidency of the Council of Ministers);










2.


Ministero degli Affari Esteri (Ministry of Foreign Affairs);










3.


Ministero dell'Interno (Ministry of Interior);










4.


Ministero della Giustizia e Uffici giudiziari (esclusi i giudici di pace) (Ministry of Justice and the Judicial Offices (other than the giudici di pace);










5.


Ministero della Difesa (Ministry of Defence);










6.


Ministero dell'Economia e delle Finanze (Ministry of Economy and Finance);










7.


Ministero dello Sviluppo Economico (Ministry of Economic Development);










8.


Ministero del Commercio internazionale (Ministry of International Trade);










9.


Ministero delle Comunicazioni (Ministry of Communications);










10.


Ministero delle Politiche Agricole e Forestali (Ministry of Agriculture and Forest Policies);










11.


Ministero dell'Ambiente e Tutela del Territorio e del Mare (Ministry of Environment, Land and Sea);










12.


Ministero delle Infrastrutture (Ministry of Infrastructure);










13.


Ministero dei Trasporti (Ministry of Transport);










14.


Ministero del Lavoro e delle politiche sociali e della Previdenza sociale (Ministry of Labour, Social Policy and Social Security);










15.


Ministero della Solidarietà sociale (Ministry of Social Solidarity);










16.


Ministero della Salute (Ministry of Health);










17.


Ministero dell'Istruzione dell' università e della ricerca (Ministry of Education, University and Research);










18.


Ministero per i Beni e le Attività culturali comprensivo delle sue articolazioni periferiche (Ministry of Heritage and Culture, including its subordinated entities).












II.


Other national public bodies:




CONSIP (Concessionaria Servizi Informatici Pubblici) (1).
CYPRUS








1.


Προεδρία και Προεδρικό Μέγαρο (Presidency and Presidential Palace);












2.


Γραφείο Συντονιστή Εναρμόνισης (Office of the Coordinator for Harmonisation);












3.


Υπουργικό Συμβούλιο (Council of Ministers);












4.


Βουλή των Αντιπροσώπων (House of Representatives);












5.


Δικαστική Υπηρεσία (Judicial Service);












6.


Νομική Υπηρεσία της Δημοκρατίας (Law Office of the Republic);












7.


Ελεγκτική Υπηρεσία της Δημοκρατίας (Audit Office of the Republic);












8.


Επιτροπή Δημόσιας Υπηρεσίας (Public Service Commission);












9.


Επιτροπή Εκπαιδευτικής Υπηρεσίας (Educational Service Commission);












10.


Γραφείο Επιτρόπου Διοικήσεως (Office of the Commissioner for Administration (Ombudsman));












11.


Επιτροπή Προστασίας Ανταγωνισμού (Commission for the Protection of Competition);












12.


Υπηρεσία Εσωτερικού Ελέγχου (Internal Audit Service);












13.


Γραφείο Προγραμματισμού (Planning Bureau);












14.


Γενικό Λογιστήριο της Δημοκρατίας (Treasury of the Republic);












15.


Γραφείο Επιτρόπου Προστασίας Δεδομένων Προσωπικού Χαρακτήρα (Office of the Personal Character Data Protection Commissioner);












16.


Γραφείο Εφόρου Δημοσίων Ενισχύσεων (Office of the Commissioner for the Public Aid);












17.


Αναθεωρητική Αρχή Προσφορών (Tender Review Body);












18.


Υπηρεσία Εποπτείας και Ανάπτυξης Συνεργατικών Εταιρειών (Cooperative Societies' Supervision and Development Authority);












19.


Αναθεωρητική Αρχή Προσφύγων (Refugees' Review Body);












20.


Υπουργείο Άμυνας (Ministry of Defence);












21.


Υπουργείο Γεωργίας, Φυσικών Πόρων και Περιβάλλοντος (Ministry of Agriculture, Natural Resources and Environment):






1.


Τμήμα Γεωργίας (Department of Agriculture);










2.


Κτηνιατρικές Υπηρεσίες (Veterinary Services);










3.


Τμήμα Δασών (Forest Department);










4.


Τμήμα Αναπτύξεως Υδάτων (Water Development Department);










5.


Τμήμα Γεωλογικής Επισκόπησης (Geological Survey Department);










6.


Μετεωρολογική Υπηρεσία (Meteorological Service);










7.


Τμήμα Αναδασμού (Land Consolidation Department);










8.


Υπηρεσία Μεταλλείων (Mines Service);










9.


Ινστιτούτο Γεωργικών Ερευνών (Agricultural Research Institute);










10.


Τμήμα Αλιείας και Θαλάσσιων Ερευνών (Department of Fisheries and Marine Research);
















22.


Υπουργείο Δικαιοσύνης και Δημοσίας Τάξεως (Ministry of Justice and Public Order):






1.


Αστυνομία (Police);










2.


Πυροσβεστική Υπηρεσία Κύπρου (Cyprus Fire Service);










3.


Τμήμα Φυλακών (Prison Department);
















23.


Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού (Ministry of Commerce, Industry and Tourism):






1.


Τμήμα Εφόρου Εταιρειών και Επίσημου Παραλήπτη (Department of Registrar of Companies and Official Receiver);
















24.


Υπουργείο Εργασίας και Κοινωνικών Ασφαλίσεων (Ministry of Labour and Social Insurance):






1.


Τμήμα Εργασίας (Department of Labour);










2.


Τμήμα Κοινωνικών Ασφαλίσεων (Department of Social Insurance);










3.


Τμήμα Υπηρεσιών Κοινωνικής Ευημερίας (Department of Social Welfare Services);










4.


Κέντρο Παραγωγικότητας Κύπρου (Productivity Centre Cyprus);










5.


Ανώτερο Ξενοδοχειακό Ινστιτούτο Κύπρου (Higher Hotel Institute Cyprus);










6.


Ανώτερο Τεχνολογικό Ινστιτούτο (Higher Τechnical Institute);










7.


Τμήμα Επιθεώρησης Εργασίας (Department of Labour Inspection);










8.


Τμήμα Εργασιακών Σχέσεων (Depertment of Labour Relations)
















25.


Υπουργείο Εσωτερικών (Ministry of the Interior):






1.


Επαρχιακές Διοικήσεις (District Administrations);










2.


Τμήμα Πολεοδομίας και Οικήσεως (Town Planning and Housing Department);










3.


Τμήμα Αρχείου Πληθυσμού και Μεταναστεύσεως (Civil Registry and Migration Department);










4.


Τμήμα Κτηματολογίου και Χωρομετρίας (Department of Lands and Surveys);










5.


Γραφείο Τύπου και Πληροφοριών (Press and Information Office);










6.


Πολιτική Άμυνα (Civil Defence);










7.


Υπηρεσία Μέριμνας και Αποκαταστάσεων Εκτοπισθέντων (Service for the care and rehabilitation of displaced persons);










8.


Υπηρεσία Ασύλου (Asylum Service);
















26.


Υπουργείο Εξωτερικών (Ministry of Foreign Affairs);












27.


Υπουργείο Οικονομικών (Ministry of Finance):






1.


Τελωνεία (Customs and Excise);










2.


Τμήμα Εσωτερικών Προσόδων (Department of Inland Revenue);










3.


Στατιστική Υπηρεσία (Statistical Service);










4.


Τμήμα Κρατικών Αγορών και Προμηθειών (Department of Government Purchasing and Supply);










5.


Τμήμα Δημόσιας Διοίκησης και Προσωπικού (Public Administration and Personnel Department);










6.


Κυβερνητικό Τυπογραφείο (Government Printing Office);










7.


Τμήμα Υπηρεσιών Πληροφορικής (Department of Information Technology Services);
















28.


Υπουργείο Παιδείας και Πολιτισμού (Ministry of Εducation and Culture);












29.


Υπουργείο Συγκοινωνιών και Έργων (Ministry of Communications and Works):






1.


Τμήμα Δημοσίων Έργων (Department of Public Works);










2.


Τμήμα Αρχαιοτήτων (Department of Antiquities);










3.


Τμήμα Πολιτικής Αεροπορίας (Department of Civil Aviation);










4.


Τμήμα Εμπορικής Ναυτιλίας (Department of Merchant Shipping);










5.


Τμήμα Ταχυδρομικών Υπηρεσιών (Postal Services Department);










6.


Τμήμα Οδικών Μεταφορών (Department of Road Transport);










7.


Τμήμα Ηλεκτρομηχανολογικών Υπηρεσιών (Department of Electrical and Mechanical Services);










8.


Τμήμα Ηλεκτρονικών Επικοινωνιών (Department of Electronic Telecommunications);
















30.


Υπουργείο Υγείας (Ministry of Health):






1.


Φαρμακευτικές Υπηρεσίες (Pharmaceutical Services);










2.


Γενικό Χημείο (General Laboratory);










3.


Ιατρικές Υπηρεσίες και Υπηρεσίες Δημόσιας Υγείας (Medical and Public Health Services);










4.


Οδοντιατρικές Υπηρεσίες (Dental Services);and










5.


Υπηρεσίες Ψυχικής Υγείας (Mental Health Services).








LATVIA








A.


Ministrijas, īpašu ministru sekretariāti un to padotībā esošās iestādes (Ministries, secretariats of ministers for special assignments, and their subordinate institutions):






1.


Aizsardzības ministrija un tās padotībā esošās iestādes (Ministry of Defence and subordinate institutions);










2.


Ārlietu ministrija un tas padotībā esošās iestādes (Ministry of Foreign Affairs and subordinate institutions);










3.


Ekonomikas ministrija un tās padotībā esošās iestādes (Ministry of Economics and subordinate institutions);










4.


Finanšu ministrija un tās padotībā esošās iestādes (Ministry of Finance and subordinate institutions);










5.


Iekšlietu ministrija un tās padotībā esošās iestādes (Ministry of the Interior Affairs and subordinate institutions);










6.


Izglītības un zinātnes ministrija un tās padotībā esošās iestādes (Ministry of Education and Science and subordinate institutions);










7.


Kultūras ministrija un tas padotībā esošās iestādes (Ministry of Culture and subordinate institutions);










8.


Labklājības ministrija un tās padotībā esošās iestādes (Ministry of Welfare and subordinate institutions);










9.


Satiksmes ministrija un tās padotībā esošās iestādes (Ministry of Transport and subordinate institutions);










10.


Tieslietu ministrija un tās padotībā esošās iestādes (Ministry of Justice and subordinate institutions);










11.


Veselības ministrija un tās padotībā esošās iestādes (Ministry of Health and subordinate institutions);










12.


Vides aizsardzības un reģionālās attīstības ministrija un tās padotībā esošās iestādes (Ministry of Environmental Protection and Regional Development and subordinate institutions);










13.


Zemkopības ministrija un tās padotībā esošās iestādes (Ministry of Agriculture and subordinate institutions);










14.


Īpašu uzdevumu ministra sekretariāti un to padotībā esošās iestādes (Ministries for Special Assignments and subordinate institutions);
















B.


Citas valsts iestādes (Other state institutions):






1.


Augstākā tiesa (Supreme Court);










2.


Centrālā vēlēšanu komisija (Central Election Commission);










3.


Finanšu un kapitāla tirgus komisija (Financial and Capital Market Commission);










4.


Latvijas Banka (Bank of Latvia);










5.


Prokuratūra un tās pārraudzībā esošās iestādes (Prosecutor's Office and institutions under its supervision);










6.


Saeimas un tās padotībā esošās iestādes (The Parliament and subordinate institutions);










7.


Satversmes tiesa (Constitutional Court);










8.


Valsts kanceleja un tās pārraudzībā esošās iestādes (State Chancellery and institutions under its supervision);










9.


Valsts kontrole (State Audit Office);










10.


Valsts prezidenta kanceleja (Chancellery of the State President);










11.


Citas valsts iestādes, kuras nav ministriju padotībā (Other state institutions not subordinate to ministries):






—


Tiesībsarga birojs (Office of the Ombudsman);










—


Nacionālā radio un televīzijas padome (National Broadcasting Council).












LITHUANIA








1.


Prezidentūros kanceliarija (Office of the President);












2.


Seimo kanceliarija (Office of the Seimas)
Seimui atskaitingos institucijos (Institutions Accountable to the Seimas):






1.


Lietuvos mokslo taryba (Science Council);










2.


Seimo kontrolierių įstaiga (The Seimas Ombudsmen's Office);










3.


Valstybės kontrolė (National Audit Office);










4.


Specialiųjų tyrimų tarnyba (Special Investigation Service);










5.


Valstybės saugumo departamentas (State Security Department);










6.


Konkurencijos taryba (Competition Council);










7.


Lietuvos gyventojų genocido ir rezistencijos tyrimo centras (Genocide and Resistance Research Centre);










8.


Vertybinių popierių komisija (Lithuanian Securities Commission);










9.


Ryšių reguliavimo tarnyba (Communications Regulatory Authority);










10.


Nacionalinė sveikatos taryba (National Health Board);










11.


Etninės kultūros globos taryba (Council for the Protection of Ethnic Culture);










12.


Lygių galimybių kontrolieriaus tarnyba (Office of Equal Opportunities Ombudsperson);










13.


Valstybinė kultūros paveldo komisija (National Cultural Heritage Commission);










14.


Vaiko teisių apsaugos kontrolieriaus įstaiga (Children's Rights Ombudsman Institution);










15.


Valstybinė kainų ir energetikos kontrolės komisija (State Price Regulation Commission of Energy Resources);










16.


Valstybinė lietuvių kalbos komisija (State Commission of the Lithuanian Language);










17.


Vyriausioji rinkimų komisija (Central Electoral Committee);










18.


Vyriausioji tarnybinės etikos komisija (Chief Commission of Official Ethics); and










19.


Žurnalistų etikos inspektoriaus tarnyba (Office of the Inspector of Journalists' Ethics).
















3.


Vyriausybės kanceliarija (Office of the Government)
Vyriausybei atskaitingos institucijos (Institutions Accountable to the Government):






1.


Ginklų fondas (Weaponry Fund);










2.


Informacinės visuomenės plėtros komitetas (Information Society Development Committee);










3.


Kūno kultūros ir sporto departamentas (Department of Physical Education and Sports);










4.


Lietuvos archyvų departamentas (Lithuanian Archives Department);










5.


Mokestinių ginčų komisija (Commission on Tax Disputes);










6.


Statistikos departamentas (Department of Statistics);










7.


Tautinių mažumų ir išeivijos departamentas (Department of National Minorities and Lithuanians Living Abroad);










8.


Valstybinė tabako ir alkoholio kontrolės tarnyba (State Tobacco and Alcohol Control Service);










9.


Viešųjų pirkimų tarnyba (Public Procurement Office);










10.


Valstybinė atominės energetikos saugos inspekcija (State Nuclear Power Safety Inspectorate);










11.


Valstybinė duomenų apsaugos inspekcija (State Data Protection Inspectorate);










12.


Valstybinė lošimų priežiūros komisija (State Gaming Control Commission);










13.


Valstybinė maisto ir veterinarijos tarnyba (State Food and Veterinary Service);










14.


Vyriausioji administracinių ginčų komisija (Chief Administrative Disputes Commission);










15.


Draudimo priežiūros komisija (Insurance Supervisory Commission);










16.


Lietuvos valstybinis mokslo ir studijų fondas (Lithuanian State Science and Studies Foundation);










17.


Konstitucinis Teismas (Constitutional Court);










18.


Lietuvos bankas (Bank of Lithuania).
















4.


Aplinkos ministerija (Ministry of Environment)
Įstaigos prie Aplinkos ministerijos (Institutions under the Ministry of Environment):






1.


Generalinė miškų urėdija (Directorate General of State Forests);










2.


Lietuvos geologijos tarnyba (Geological Survey of Lithuania);










3.


Lietuvos hidrometeorologijos tarnyba (Lithuanian Hydrometereological Service);










4.


Lietuvos standartizacijos departamentas (Lithuanian Standards Board);










5.


Nacionalinis akreditacijos biuras (Lithuanian National Accreditation Bureau);










6.


Valstybinė metrologijos tarnyba (State Metrology Service);










7.


Valstybinė saugomų teritorijų tarnyba (State Service for Protected Areas);










8.


Valstybinė teritorijų planavimo ir statybos inspekcija (State Territory Planning and construction Inspectorate).
















5.


Finansų ministerija (Ministry of Finance)
Įstaigos prie Finansų ministerijos (Institutions under the Ministry of Finance):






1.


Muitinės departamentas (Lithuania Customs);










2.


Valstybės dokumentų technologinės apsaugos tarnyba (Service of Technological Security of State Documents);










3.


Valstybinė mokesčių inspekcija (State Tax Inspectorate);










4.


Finansų ministerijos mokymo centras (Training Centre of the Ministry of Finance).
















6.


Krašto apsaugos ministerija (Ministry of National Defence)
Įstaigos prie Krašto apsaugos ministerijos (Institutions under the Ministry of National Defence):






1.


Antrasis operatyvinių tarnybų departamentas (Second Investigation Department);










2.


Centralizuota finansų ir turto tarnyba (Centralised Finance and Property Service);










3.


Karo prievolės administravimo tarnyba (Military Enrolment Administration Service);










4.


Krašto apsaugos archyvas (National Defence Archives Service);










5.


Krizių valdymo centras (Crisis Management Centre);










6.


Mobilizacijos departamentas (Mobilisation Department);










7.


Ryšių ir informacinių sistemų tarnyba (Communication and Information Systems Service);










8.


Infrastruktūros plėtros departamentas (Infrastructure Development Department);










9.


Valstybinis pilietinio pasipriešinimo rengimo centras (Civil Resistance Centre);










10.


Lietuvos kariuomenė (Lithuanian Armed Forces);










11.


Krašto apsaugos sistemos kariniai vienetai ir tarnybos (Military Units and Services of the National Defence System).
















7.


Kultūros ministerija (Ministry of Culture)
Įstaigos prie Kultūros ministerijos (Institutions under the Ministry of Culture):






1.


Kultūros paveldo departamentas (Department for the Lithuanian Cultural Heritage);










2.


Valstybinė kalbos inspekcija (State Language Commission).
















8.


Socialinės apsaugos ir darbo ministerija (Ministry of Social Security and Labour)
Įstaigos prie Socialinės apsaugos ir darbo ministerijos (Institutions under the Ministry of Social Security and Labour):






1.


Garantinio fondo administracija (Administration of Guarantee Fund);










2.


Valstybės vaiko teisių apsaugos ir įvaikinimo tarnyba (State Child Rights Protection and Adoption Service);










3.


Lietuvos darbo birža (Lithuanian Labour Exchange);










4.


Lietuvos darbo rinkos mokymo tarnyba (Lithuanian Labour Market Training Authority);










5.


Trišalės tarybos sekretoriatas (Tripartite Council Secretoriat);










6.


Socialinių paslaugų priežiūros departamentas (Social Services Monitoring Department);










7.


Darbo inspekcija (Labour Inspectorate);










8.


Valstybinio socialinio draudimo fondo valdyba (State Social Insturance Fund Board);










9.


Neįgalumo ir darbingumo nustatymo tarnyba (Disability and Working Capacity Establishment Service);










10.


Ginčų komisija (Disputes Commission);










11.


Techninės pagalbos neįgaliesiems centras (State Centre of Compensatory Technique for the Disabled);










12.


Neįgaliųjų reikalų departamentas (Department of the Affairs of the Disabled).
















9.


Susisiekimo ministerija (Ministry of Transport and Communications)
Įstaigos prie Susisiekimo ministerijos (Institutions under the Ministry of Transport and Communications):






1.


Lietuvos automobilių kelių direkcija (Lithuanian Road Administration);










2.


Valstybinė geležinkelio inspekcija (State Railway Inspectorate);










3.


Valstybinė kelių transporto inspekcija (State Road Transport Inspectorate);










4.


Pasienio kontrolės punktų direkcija (Border Control Points Directorate).
















10.


Sveikatos apsaugos ministerija (Ministry of Health)
Įstaigos prie Sveikatos apsaugos ministerijos (Institutions under the Ministry of Health):






1.


Valstybinė akreditavimo sveikatos priežiūros veiklai tarnyba (State Health Care Accreditation Agency);










2.


Valstybinė ligonių kasa (State Patient Fund);










3.


Valstybinė medicininio audito inspekcija (State Medical Audit Inspectorate);










4.


Valstybinė vaistų kontrolės tarnyba (State Medicines Control Agency);










5.


Valstybinė teismo psichiatrijos ir narkologijos tarnyba (Lithuanian Forensic Psychiatry and Narcology Service);










6.


Valstybinė visuomenės sveikatos priežiūros tarnyba (State Public Health Service);










7.


Farmacijos departamentas (Department of Pharmacy);










8.


Sveikatos apsaugos ministerijos Ekstremalių sveikatai situacijų centras (Health Emergency Centre of the Ministry of Health);










9.


Lietuvos bioetikos komitetas (Lithuanian Bioethics Committee);










10.


Radiacinės saugos centras (Radiation Protection Centre).
















11.


Švietimo ir mokslo ministerija (Ministry of Education and Science)
Įstaigos prie Švietimo ir mokslo ministerijos (Institutions under the Ministry of Education and Science):






1.


Nacionalinis egzaminų centras (National Examination Centre);










2.


Studijų kokybės vertinimo centras (Centre for Quality Assessment in Higher Education).
















12.


Teisingumo ministerija (Ministry of Justice)
Įstaigos prie Teisingumo ministerijos (Institutions under the Ministry of Justice):






1.


Kalėjimų departamentas (Department of Imprisonment Establishments);










2.


Nacionalinė vartotojų teisių apsaugos taryba (National Consumer Rights Protection Board);










3.


Europos teisės departamentas (European Law Department).
















13.


Ūkio ministerija (Ministry of Economy)
Įstaigos prie Ūkio ministerijos (Institutions under the Ministry of Economy):






1.


Įmonių bankroto valdymo departamentas (Enterprise Bankruptcy Management Department);










2.


Valstybinė energetikos inspekcija (State Energy Inspectorate);










3.


Valstybinė ne maisto produktų inspekcija (State Non Food Products Inspectorate);










4.


Valstybinis turizmo departamentas (Lithuanian State Department of Tourism).
















14.


Užsienio reikalų ministerija (Ministry of Foreign Affairs):






1.


Diplomatinės atstovybės ir konsulinės įstaigos užsienyje bei atstovybės prie tarptautinių organizacijų (Diplomatic Missions and Consular as well as Representations to International Organisations).
















15.


Vidaus reikalų ministerija (Ministry of the Interior):
Įstaigos prie Vidaus reikalų ministerijos (Institutions under the Ministry of the Interior):






1.


Asmens dokumentų išrašymo centras (Personalisation of Identity Documents Centre);










2.


Finansinių nusikaltimų tyrimo tarnyba (Financial Crime Investigation Service);










3.


Gyventojų registro tarnyba (Residents' Register Service);










4.


Policijos departamentas (Police Department);










5.


Priešgaisrinės apsaugos ir gelbėjimo departamentas (Fire-Prevention and Rescue Department);










6.


Turto valdymo ir ūkio departamentas (Property Management and Economics Department);










7.


Vadovybės apsaugos departamentas (VIP Protection Department);










8.


Valstybės sienos apsaugos tarnyba (State Border Guard Department);










9.


Valstybės tarnybos departamentas (Civil Service Department);










10.


Informatikos ir ryšių departamentas (IT and Communications Department);










11.


Migracijos departamentas (Migration Department);










12.


Sveikatos priežiūros tarnyba (Health Care Department);










13.


Bendrasis pagalbos centras (Emergency Response Centre).
















16.


Žemės ūkio ministerija (Ministry of Agriculture)
Įstaigos prie Žemės ūkio ministerijos (Institutions under the Ministry of Agriculture):






1.


Nacionalinė mokėjimo agentūra (National Paying Agency);










2.


Nacionalinė žemės tarnyba (National Land Service);










3.


Valstybinė augalų apsaugos tarnyba (State Plant Protection Service);










4.


Valstybinė gyvulių veislininkystės priežiūros tarnyba (State Animal Breeding Supervision Service);










5.


Valstybinė sėklų ir grūdų tarnyba (State Seed and Grain Service);










6.


Žuvininkystės departamentas (Fisheries Department).
















17.


Teismai (Courts):






1.


Lietuvos Aukščiausiasis Teismas (The Supreme Court of Lithuania);










2.


Lietuvos apeliacinis teismas (The Court of Appeal of Lithuania);










3.


Lietuvos vyriausiasis administracinis teismas (The Supreme Administrative Court of Lithuania);










4.


Apygardų teismai (County courts);










5.


Apygardų administraciniai teismai (County administrative courts);










6.


Apylinkių teismai (District courts);










7.


Nacionalinė teismų administracija (National Courts Administration) Generalinė prokuratūra (The Prosecutor's Office).








LUXEMBOURG








1.


Ministère des Affaires Étrangères et de l'Immigration: Direction de la Défense (Armée).












2.


Ministère de l'Agriculture, de la Viticulture et du Développement Rural: Administration des Services Techniques de l'Agriculture.












3.


Ministère de l'Éducation nationale et de la Formation professionnelle: Lycée d'Enseignement Secondaire et d'Enseignement Secondaire Technique.












4.


Ministère de l'Environnement: Administration de l'Environnement.












5.


Ministère de la Famille et de l'Intégration: Maisons de retraite.












6.


Ministère de la Fonction publique et de la Réforme administrative: Service Central des Imprimés et des Fournitures de l'État – Centre des Technologies de l'informatique de l'État.












7.


Ministère de l'Intérieur et de l'Aménagement du territoire: Police Grand-Ducale Luxembourg – Inspection générale de Police.












8.


Ministère de la Justice: Établissements Pénitentiaires.












9.


Ministère de la Santé: Centre hospitalier neuropsychiatrique.












10.


Ministère des Travaux publics: Bâtiments Publics – Ponts et Chaussées.




HUNGARY








1.


Nemzeti Erőforrás Minisztérium (Ministry of National Resources);












2.


Vidékfejlesztési Minisztérium (Ministry of Rural Development);












3.


Nemzeti Fejlesztési Minisztérium (Ministry of National Development);












4.


Honvédelmi Minisztérium (Ministry of Defence);












5.


Közigazgatási és Igazságügyi Minisztérium (Ministry of Public Administration and Justice);












6.


Nemzetgazdasági Minisztérium (Ministry for National Economy);












7.


Külügyminisztérium (Ministry of Foreign Affairs);












8.


Miniszterelnöki Hivatal (Prime Minister's Office);












9.


Belügyminisztérium, (Ministry of Internal Affairs);












10.


Központi Szolgáltatási Főigazgatóság (Central Services Directorate).




MALTA








1.


Uffiċċju tal-Prim Ministru (Office of the Prime Minister);












2.


Ministeru għall-Familja u Solidarjeta' Soċjali (Ministry for the Family and Social Solidarity);












3.


Ministeru ta' l-Edukazzjoni Zghazagh u Impjieg (Ministry for Education Youth and Employment);












4.


Ministeru tal-Finanzi (Ministry of Finance);












5.


Ministeru tar-Riżorsi u l-Infrastruttura (Ministry for Resources and Infrastructure);












6.


Ministeru tat-Turiżmu u Kultura (Ministry for Tourism and Culture);












7.


Ministeru tal-Ġustizzja u l-Intern (Ministry for Justice and Home Affairs);












8.


Ministeru għall-Affarijiet Rurali u l-Ambjent (Ministry for Rural Affairs and the Environment);












9.


Ministeru għal Għawdex (Ministry for Gozo);












10.


Ministeru tas-Saħħa, l-Anzjani u Kura fil-Kommunita' (Ministry of Health, the Elderly and Community Care);












11.


Ministeru ta' l-Affarijiet Barranin (Ministry of Foreign Affairs);












12.


Ministeru għall-Investimenti, Industrija u Teknologija ta' Informazzjoni (Ministry for Investment, Industry and Information Technology);












13.


Ministeru għall-Kompetittivà u Komunikazzjoni (Ministry for Competitiveness and Communications);












14.


Ministeru għall-Iżvilupp Urban u Toroq (Ministry for Urban Development and Roads);












15.


L-Uffiċċju tal-President (Office of the President);












16.


Uffiċċju ta 'l-iskrivan tal-Kamra tad-Deputati (Office of the Clerk of the House of Representatives).




NETHERLANDS








1.


Ministerie Van Algemene Zaken (Ministry of General Affairs):






—


Bestuursdepartement (Central policy and staff departments);










—


Bureau van de Wetenschappelijke Raad voor het Regeringsbeleid (Advisory Council on Government Policy);










—


Rijksvoorlichtingsdienst (The Netherlands Government Information Service).
















2.


Ministerie Van Binnenlandse Zaken En Koninkrijksrelaties (Ministry of The Interior):






—


Bestuursdepartement (Central policy and staff departments);










—


Centrale Archiefselectiedienst (CAS) (Central Records Selection Service);










—


Algemene Inlichtingen- en Veiligheidsdienst (AIVD) (General Intelligence and Security Service);










—


Agentschap Basisadministratie Persoonsgegevens en Reisdocumenten (BPR) (Personnel Records and Travel Documents Agency);










—


Agentschap Korps Landelijke Politiediensten (National Police Services Agency).
















3.


Ministerie Van Buitenlandse Zaken (Ministry of Foreign Affairs):






—


Directoraat-generaal Regiobeleid en Consulaire Zaken (DGRC) (Directorate-general for Regional Policy and Consular Affairs);










—


Directoraat-generaal Politieke Zaken (DGPZ) (Directorate-general for Political Affairs);










—


Directoraat-generaal Internationale Samenwerking (DGIS) (Directorate-general for International Cooperation);










—


Directoraat-generaal Europese Samenwerking (DGES) (Directorate-general for European Cooperation);










—


Centrum tot Bevordering van de Import uit Ontwikkelingslanden (CBI) (Centre for the Promotion of Imports from Developing Countries);










—


Centrale diensten ressorterend onder S/PlvS) (Support services falling under the Secretary-general and Deputy Secretary-general);










—


Buitenlandse Posten (ieder afzonderlijk) (the various Foreign Missions).
















4.


Ministerie Van Defensie (Ministry of Defence):






—


Bestuursdepartement (Central policy and staff departments);










—


Commando Diensten Centra (CDC) (Support Command);










—


Defensie Telematica Organisatie (DTO) (Defence Telematics Organisation);










—


Centrale directie van de Defensie Vastgoed Dienst (Defence Real Estate Service, Central Directorate);










—


De afzonderlijke regionale directies van de Defensie Vastgoed Dienst (Defence Real Estate Service, Regional Directorates);










—


Defensie Materieel Organisatie (DMO) (Defence Material Organisation);










—


Landelijk Bevoorradingsbedrijf van de Defensie Materieel Organisatie (National Supply Agency of the Defence Material Organisation);










—


Logistiek Centrum van de Defensie Materieel Organisatie (Logistic Centre of the Defence Material Organisation);










—


Marinebedrijf van de Defensie Materieel Organisatie (Maintenance Establishment of the Defence Material Organisation);










—


Defensie Pijpleiding Organisatie (DPO) (Defence Pipeline Organisation).
















5.


Ministerie Van Economische Zaken (Ministry of Economic Affairs):






—


Bestuursdepartement (Central policy and staff departments);










—


Centraal Planbureau (CPB) (Netherlands Bureau for Economic Policy Analyses);










—


Bureau voor de Industriële Eigendom (BIE) (Industrial Property Office);










—


SenterNovem (SenterNovem – Agency for sustainable innovation);










—


Staatstoezicht op de Mijnen (SodM) (State Supervision of Mines);










—


Nederlandse Mededingingsautoriteit (NMa) (Netherlands Competition Authority);










—


Economische Voorlichtingsdienst (EVD) (Netherlands Foreign Trade Agency);










—


Agentschap Telecom (Radiocommunications Agency);










—


Kenniscentrum Professioneel & Innovatief Aanbesteden, Netwerk voor Overheidsopdrachtgevers (PIANOo) (Professional and innovative procurement, network for contracting authorities);










—


Octrooicentrum Nederland (Netherlands Patent Office).
















6.


Ministerie Van Financiën (Ministry of Finance):






—


Bestuursdepartement (Central policy and staff departments);










—


Belastingdienst Automatiseringscentrum (Tax and Custom Computer and Software Centre);










—


Belastingdienst (Tax and Customs Administration);










—


de afzonderlijke Directies der Rijksbelastingen (the various Divisions of the Tax and Customs Administration throughout the Netherlands);










—


Fiscale Inlichtingen- en Opsporingsdienst (incl. Economische Controle dienst (ECD) (Fiscal Information and Investigation Service (the Economic Investigation Service included);










—


Belastingdienst Opleidingen (Tax and Customs Training Centre);










—


Dienst der Domeinen (State Property Service).
















7.


Ministerie Van Justitie (Ministry of Justice):






—


Bestuursdepartement (Central policy and staff departments);










—


Dienst Justitiële Inrichtingen (Correctional Institutions Agency);










—


Raad voor de Kinderbescherming (Child Care and Protection Agency);










—


Centraal Justitie Incasso Bureau (Central Fine Collection Agency);










—


Openbaar Ministerie (Public Prosecution Service);










—


Immigratie en Naturalisatiedienst (Immigration and Naturalisation Service);










—


Nederlands Forensisch Instituut (Netherlands Forensic Institute).
















8.


Ministerie Van Landbouw, Natuur En Voedselkwaliteit (Ministry of Agriculture, Nature and Food Quality):






—


Bestuursdepartement (Central policy and staff departments);










—


Dienst Regelingen (DR) (National Service for the Implementation of Regulations (Agency));










—


Agentschap Plantenziektenkundige Dienst (PD) (Plant Protection Service (Agency));










—


Algemene Inspectiedienst (AID) (General Inspection Service);










—


Dienst Landelijk Gebied (DLG) (Government Service for Sustainable Rural Development);










—


Voedsel en Waren Autoriteit (VWA) (Food and Consumer Product Safety Authority).
















9.


Ministerie Van Onderwijs, Cultuur en Wetenschappen (Ministry of Education, Culture and Science):






—


Bestuursdepartement (Central policy and staff departments);










—


Inspectie van het Onderwijs (Inspectorate of Education);










—


Erfgoedinspectie (Inspectorate of Heritage);










—


Centrale Financiën Instellingen (Central Funding of Institutions Agency);










—


Nationaal Archief (National Archives);










—


Adviesraad voor Wetenschaps- en Technologiebeleid (Advisory Council for Science and Technology Policy);










—


Onderwijsraad (Education Council);










—


Raad voor Cultuur (Council for Culture).
















10.


Ministerie Van Sociale Zaken En Werkgelegenheid (Ministry of Social Affairs and Employment):






—


Bestuursdepartement (Central policy and staff departments);










—


Inspectie Werk en Inkomen (The Work and Income Inspectorate);










—


Agentschap SZW (SZW Agency).
















11.


Ministerie Van Verkeer en Waterstaat (Ministry of Transport, Public Works and Water management):






—


Bestuursdepartement (Central policy and staff departments);










—


Directoraat-Generaal Transport en Luchtvaart (Directorate-general for Transport and Civil Aviation);










—


Directoraat-generaal Personenvervoer (Directorate-general for Passenger Transport);










—


Directoraat-generaal Water (Directorate-general of Water Affairs);










—


Centrale diensten (Central Services);










—


Shared services Organisatie Verkeer en Watersaat (Shared Services Organisation Transport and Water Management) (new organisation);










—


Koninklijke Nederlandse Meteorologisch Instituut KNMI (Royal Netherlands Meteorological Institute);










—


Rijkswaterstaat, Bestuur (Public Works and Water Management, Board);










—


De afzonderlijke regionale Diensten van Rijkswaterstaat (Each individual regional service of the Directorate-general of Public Works and Water Management);










—


De afzonderlijke specialistische diensten van Rijkswaterstaat (Each individual specialist service of the Directorate-general of Public Works and Water Management);










—


Adviesdienst Geo-Informatie en ICT (Advisory Council for Geo-information and ICT);










—


Adviesdienst Verkeer en Vervoer (AVV) (Advisory Council for Traffic and Transport);










—


Bouwdienst (Service for Construction);










—


Rijksinstituut voor Kust en Zee (RIKZ) (National Institute for Coastal and Marine Management);










—


Rijksinstituut voor Integraal Zoetwaterbeheer en Afvalwaterbehandeling (RIZA) (National Institute for Sweet Water Management and Water Treatment);










—


Toezichthouder Beheer Eenheid Lucht (Management Unit ‘Air’);










—


Toezichthouder Beheer Eenheid Water (Management Unit ‘Water’);










—


Toezichthouder Beheer Eenheid Land (Management Unit ‘Land’).
















12.


Ministerie Van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer (Ministry For Housing, Spatial Planning and The Environment):






—


Bestuursdepartement (Central Policy and Staff Departments);










—


Directoraat-generaal Wonen, Wijken en Integratie (Directorate General for Housing, Communities and Integration);










—


Directoraat-generaal Ruimte (Directorate General for Spatial Policy);










—


Directoraat-general Milieubeheer (Directorate General for Environmental Protection);










—


Rijksgebouwendienst (Government Buildings Agency);










—


VROM Inspectie (Inspectorate).
















13.


Ministerie Van Volksgezondheid, Welzijn En Sport (Ministry Of Health, Welfare And Sports):






—


Bestuursdepartement (Central policy and staff departments);










—


Inspectie Gezondheidsbescherming, Waren en Veterinaire Zaken (Inspectorate for Health Protection and Veterinary Public Health);










—


Inspectie Gezondheidszorg (Health Care Inspectorate);










—


Inspectie Jeugdhulpverlening en Jeugdbescherming (Youth Services and Youth Protection Inspectorate);










—


Rijksinstituut voor de Volksgezondheid en Milieu (RIVM) (National Institute of Public Health and Environment);










—


Sociaal en Cultureel Planbureau (Social and Cultural Planning Office);










—


Agentschap t.b.v. het College ter Beoordeling van Geneesmiddelen (Medicines Evaluation Board Agency).
















14.


Tweede Kamer Der Staten-Generaal (Second Chamber Of The States General);












15.


Eerste Kamer Der Staten-Generaal (First Chamber Of The States General);












16.


Raad Van State (Council of State);












17.


Algemene Rekenkamer (Netherlands Court Of Audit);












18.


Nationale Ombudsman (National Ombudsman);












19.


Kanselarij Der Nederlandse Orden (Chancellery of the Netherlands Order);












20.


Kabinet Der Koningin (Queen's Cabinet);












21.


Raad Voor De Rechtspraak En De Rechtbanken (Judicial Management and Advisory Board and Courts of Law).




AUSTRIA








A/


Present coverage of entities:






1.


Bundeskanzleramt (Federal Chancellery);










2.


Bundesministerium für Europäische und Internationale Angelegenheiten (Federal Ministry for European and International Affairs;










3.


Bundesministerium für Finanzen (Federal Ministry of Finance);










4.


Bundesministerium für Gesundheit (Federal Ministry of Health);










5.


Bundesministerium für Inneres (Federal Ministry of Interior);










6.


Bundesministerium für Justiz (Federal Ministry of Justice);










7.


Bundesministerium für Landesverteidigung und Sport (Federal Ministry of Defence and Sport);










8.


Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft (Federal Ministry for Agriculture and Forestry, the Environment and Water Management);










9.


Bundesministerium für Arbeit, Soziales und Konsumentenschutz (Federal Ministry for Employment, Social Affairs and Consumer Protection);










10.


Bundesministerium für Unterricht, Kunst und Kultur (Federal Ministry for Education, Art and Culture);










11.


Bundesministerium für Verkehr, Innovation und Technologie (Federal Ministry for Transport, Innovation and Technology);










12.


Bundesministerium für Wirtschaft, Familie und Jugend (Federal Ministry for Economic Affairs, Family and Youth);










13.


Bundesministerium für Wissenschaft und Forschung (Federal Ministry for Science and Research);










14.


Bundesamt für Eich- und Vermessungswesen (Federal Office for Calibration and Measurement);










15.


Österreichische Forschungs- und Prüfzentrum Arsenal Gesellschaft m.b.H (Austrian Research and Test Centre Arsenal Ltd);










16.


Bundesanstalt für Verkehr (Federal Institute for Traffic);










17.


Bundesbeschaffung G.m.b.H (Federal Procurement Ltd);










18.


Bundesrechenzentrum G.m.b.H (Federal Data Processing Centre Ltd);
















B/


All other central public authorities including their regional and local sub-divisions provided that they do not have an industrial or commercial character.




POLAND








1.


Kancelaria Prezydenta RP (Chancellery of the President);












2.


Kancelaria Sejmu RP (Chancellery of the Sejm);












3.


Kancelaria Senatu RP (Chancellery of the Senate);












4.


Kancelaria Prezesa Rady Ministrów (Chancellery of the Prime Minister);












5.


Sąd Najwyższy (Supreme Court);












6.


Naczelny Sąd Administracyjny (Supreme Administrative Court);












7.


Trybunat Konstytucyjny (Constitutional Court);












8.


Najwyższa Izba Kontroli (Supreme Chamber of Control);












9.


Biuro Rzecznika Praw Obywatelskich (Office of the Human Rights Defender);












10.


Biuro Rzecznika Praw Dziecka (Office of the Children's Rigths Ombudsman);












11.


Ministerstwo Pracy i Polityki Społecznej (Ministry of Labour and Social Policy);












12.


Ministerstwo Finansów (Ministry of Finance);












13.


Ministerstwo Gospodarki (Ministry of Economy);












14.


Ministerstwo Rozwoju Regionalnego (Ministry of Regional Development);












15.


Ministerstwo Kultury i Dziedzictwa Narodowego (Ministry of Culture and National Heritage);












16.


Ministerstwo Edukacji Narodowej (Ministry of National Education);












17.


Ministerstwo Obrony Narodowej (Ministry of National Defence);












18.


Ministerstwo Rolnictwa i Rozwoju Wsi (Ministry of Agriculture and Rural Development);












19.


Ministerstwo Skarbu Państwa (Ministry of the State Treasury);












20.


Ministerstwo Sprawiedliwości (Ministry of Justice);












21.


Ministerstwo Transportu, Budownictwa i Gospodarki Morskiej (Ministry of Transport, Construction and Maritime Economy);












22.


Ministerstwo Nauki i Szkolnictwa Wyższego (Ministry of Science and Higher Education);












23.


Ministerstwo Środowiska (Ministry of Environment);












24.


Ministerstwo Spraw Wewnętrznych (Ministry of Internal Affairs);












25.


Ministrestwo Administracji i Cyfryzacji (Ministry of Administration and Digitisation);












26.


Ministerstwo Spraw Zagranicznych (Ministry of Foreign Affairs);












27.


Ministerstwo Zdrowia (Ministry of Health);












28.


Ministerstwo Sportu i Turystyki (Ministry of Sport and Tourism);












29.


Urząd Patentowy Rzeczypospolitej Polskiej (Patent Office of the Republic of Poland);












30.


Urząd Regulacji Energetyki (The Energy Regulatory Authority of Poland);












31.


Urząd do Spraw Kombatantów i Osób Represjonowanych (Office for Military Veterans and Victims of Repression);












32.


Urząd Transportu Kolejowego (Office for Railroad Transport);












33.


Urząd do Spraw Cudzoziemców (Office for Foreigners);












34.


Urząd Zamówień Publicznych (Public Procurement Office);












35.


Urząd Ochrony Konkurencji i Konsumentów (Office for Competition and Consumer Protection);












36.


Urząd Lotnictwa Cywilnego (Civil Aviation Office);












37.


Urząd Komunikacji Elektronicznej (Office of Electronic Communication);












38.


Wyższy Urząd Górniczy (State Mining Authority);












39.


Główny Urząd Miar (Main Office of Measures);












40.


Główny Urząd Geodezji i Kartografii (The Main Office of Geodesy and Cartography);












41.


Główny Urząd Nadzoru Budowlanego (The General Office of Building Control);












42.


Główny Urząd Statystyczny (Main Statistical Office);












43.


Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council);












44.


Generalny Inspektor Ochrony Danych Osobowych (Inspector General for the Protection of Personal Data);












45.


Państwowa Komisja Wyborcza (State Election Commission);












46.


Państwowa Inspekcja Pracy (National Labour Inspectorate);












47.


Rządowe Centrum Legislacji (Government Legislation Centre);












48.


Narodowy Fundusz Zdrowia (National Health Fund);












49.


Polska Akademia Nauk (Polish Academy of Science);












50.


Polskie Centrum Akredytacji (Polish Accreditation Centre);












51.


Polskie Centrum Badań i Certyfikacji (Polish Centre for Testing and Certification);












52.


Polski Komitet Normalizacyjny (Polish Committee for Standardisation);












53.


Zakład Ubezpieczeń Społecznych (Social Insurance Institution);












54.


Komisja Nadzoru Finansowego (Polish Financial Supervision Authority);












55.


Naczelna Dyrekcja Archiwów Państwowych (Head Office of State Archives);












56.


Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund);












57.


Generalna Dyrekcja Dróg Krajowych i Autostrad (The General Directorate of National Roads and Motorways);












58.


Główny Inspektorat Ochrony Roślin i Nasiennictwa (The Main Inspectorate for the Inspection of Plant and Seeds Protection);












59.


Komenda Główna Państwowej Straży Pożarnej (The National Headquarters of the State Fire-Service);












60.


Komenda Główna Policji (Polish National Police);












61.


Komenda Główna Straży Granicxnej (The Chief Boarder Guards Command);












62.


Główny Inspektorat Jakości Handlowej Artykułów Rolno-Spożywczych (The Main Inspectorate of Commercial Quality of Agri-Food Products);












63.


Główny Inspektorat Ochrony Środowiska (The Main Inspectorate for Environment Protection);












64.


Główny Inspektorat Transportu Drogowego (Main Inspectorate of Road Transport);












65.


Główny Inspektorat Farmaceutyczny (Main Pharmaceutical Inspectorate);












66.


Główny Inspektorat Sanitarny (Main Sanitary Inspectorate);












67.


Główny Inspektorat Weterynarii (The Main Veterinary Inspectorate);












68.


Agencja Bezpieczeństwa Wewnętrznego (Internal Security Agency);












69.


Agencja Wywiadu (Foreign Intelligence Agency);












70.


Agencja Mienia Wojskowego (Agency for Military Property);












71.


Agencja Restrukturyzacji i Modernizacji Rolnictwa (Agency for Restructuring and Modernisation of Agriculture);












72.


Agencja Rynku Rolnego (Agriculture Market Agency);












73.


Agencja Nieruchomości Rolnych (Agricultural Property Agency);












74.


Państwowa Agencja Atomistyki (National Atomic Energy Agency);












75.


Narodowy Bank Polski (National Bank of Poland);












76.


Narodowy Fundusz Ochrony Środowiska i Gospodarki Wodnej (The National Fund for Environmental Protection and Water Management);












77.


Państwowy Fundusz Rehabilitacji Osób Niepełnosprawnych (National Disabled Persons Rehabilitation Fund);












78.


Instytut Pamięci Narodowej - Komisja Ścigania Zbrodni Przeciwko Narodowi Polskiemu (National Remembrance Institute - Commission for Prosecution of Crimes Against the Polish Nation).




PORTUGAL








1.


Presidência do Conselho de Ministros (Presidency of the Council of Ministers);












2.


Ministério das Finanças (Ministry of Finance);












3.


Ministério da Defesa Nacional (Ministry of Defence);












4.


Ministério dos Negócios Estrangeiros e das Comunidades Portuguesas (Ministry of Foreign Affairs and Portuguese Communities);












5.


Ministério da Administração Interna (Ministry of Internal Affairs);












6.


Ministério da Justiça (Ministry of Justice);












7.


Ministério da Economia (Ministry of Economy);












8.


Ministério da Agricultura, Desenvolvimento Rural e Pescas (Ministry of Agriculture, Rural Development and Fishing);












9.


Ministério da Educação (Ministry of Education);












10.


Ministério da Ciência e do Ensino Superior (Ministry of Science and University Education);












11.


Ministério da Cultura (Ministry of Culture);












12.


Ministério da Saúde (Ministry of Health);












13.


Ministério do Trabalho e da Solidariedade Social (Ministry of Labour and Social Solidarity);












14.


Ministério das Obras Públicas, Transportes e Habitação (Ministry of Public Works, Transports and Housing);












15.


Ministério das Cidades, Ordenamento do Território e Ambiente (Ministry of Cities, Land Management and Environment);












16.


Ministério para a Qualificação e o Emprego (Ministry for Qualification and Employment);












17.


Presidença da Republica (Presidency of the Republic);












18.


Tribunal Constitucional (Constitutional Court);












19.


Tribunal de Contas (Court of Auditors);












20.


Provedoria de Justiça (Ombudsman).




ROMANIA








1.


Administraţia Prezidenţială (Presidential Administration);












2.


Senatul României (Romanian Senate);












3.


Camera Deputaţilor (Chamber of Deputies);












4.


Inalta Curte de Casaţie şi Justiţie (Supreme Court);












5.


Curtea Constituţională (Constitutional Court);












6.


Consiliul Legislativ (Legislative Council);












7.


Curtea de Conturi (Court of Accounts);












8.


Consiliul Superior al Magistraturii (Superior Council of Magistracy);












9.


Parchetul de pe lângă Inalta Curte de Casaţie şi Justiţie (Prosecutor's Office Attached to the Supreme Court);












10.


Secretariatul General al Guvernului (General Secretariat of the Government);












11.


Cancelaria primului ministru (Chancellery of the Prime Minister);












12.


Ministerul Afacerilor Externe (Ministry of Foreign Affairs);












13.


Ministerul Economiei şi Finanţelor (Ministry of Economy and Finance);












14.


Ministerul Justiţiei (Ministry of Justice);












15.


Ministerul Apărării (Ministry of Defense);












16.


Ministerul Internelor şi Reformei Administrative (Ministry of Interior and Administration Reform);












17.


Ministerul Muncii, Familiei şi Egalităţii de Şanse (Ministry of Labour and Equal Opportunities);












18.


Ministerul pentru Întreprinderi Mici şi Mijlocii, Comerţ, Turism şi Profesii Liberale (Ministry for Small and Medium Sized Enterprises, Trade, Tourism and Liberal Professions);












19.


Ministerul Agriculturii şi Dezvoltării Rurale (Ministry of Agricultural and Rural Development);












20.


Ministerul Transporturilor (Ministry of Transport);












21.


Ministerul Dezvoltării, Lucrărilor Publice şi Locuinţei (Ministry of Development, Public, Works and Housing);












22.


Ministerul Educaţiei, Cercetării şi Tineretului (Ministry of Education, Research and Youth);












23.


Ministerul Sănătăţii Publice (Ministry of Public Health);












24.


Ministerul Culturii şi Cultelor (Ministry of Culture and Religious Affairs);












25.


Ministerul Comunicaţiilor şi Tehnologiei Informaţiei (Ministry of Communications and Information Technology);












26.


Ministerul Mediului şi Dezvoltării Durabile (Ministry of Environment and Sustainable Development);












27.


Serviciul Român de Informaţii (Romanian Intelligence Service);












28.


Serviciul Român de Informaţii Externe (Romanian Foreign Intelligence Service);












29.


Serviciul de Protecţie şi Pază (Protection and Guard Service);












30.


Serviciul de Telecomunicaţii Speciale (Special Telecommunication Service);












31.


Consiliul Naţional al Audiovizualului (The National Audiovisual Council);












32.


Direcţia Naţională Anticorupţie (National Anti-corruption Department);












33.


Inspectoratul General de Poliţie (General Inspectorate of Police);












34.


Autoritatea Naţională pentru Reglementarea şi Monitorizarea Achiziţiilor Publice (National Authority for Regulation and Monitoring Public Procurement);












35.


Autoritatea Naţională de Reglementare pentru Serviciile Comunitare de Utilităţi Publice (ANRSC) (National Authority for Regulating Community Services Public Utilities);












36.


Autoritatea Naţională Sanitară Veterinară şi pentru Siguranţa Alimentelor (Sanitary Veterinary and Food Safety National Authority);












37.


Autoritatea Naţională pentru Protecţia Consumatorilor (National Authority for Consumer Protection);












38.


Autoritatea Navală Română (Romanian Naval Authority);












39.


Autoritatea Feroviară Română (Romanian Railway Authority);












40.


Autoritatea Rutieră Română (Romanian Road Authority);












41.


Autoritatea Naţională pentru Protecţia Drepturilor Copilului şi Adopţie (National Authority for the Protection of Child Rights and Adoption);












42.


Autoritatea Naţională pentru Persoanele cu Handicap (National Authority for Disabled Persons);












43.


Autoritatea Naţională pentru Tineret (National Authority for Youth);












44.


Autoritatea Naţională pentru Cercetare Știinţifică (National Authority for Scientific Research);












45.


Autoritatea Naţională pentru Comunicaţii (National Authority for Communications);












46.


Autoritatea Naţională pentru Serviciile Societăţii Informaţionale (National Authority for Informational Society Services);












47.


Autoritatea Electorală Permanentă (Permanent Electoral Authority);












48.


Agenţia pentru Strategii Guvernamentale (Agency for Governmental Strategies);












49.


Agenţia Naţională a Medicamentului (National Medicines Agency);












50.


Agenţia Naţională pentru Sport (National Agency for Sports);












51.


Agenţia Naţională pentru Ocuparea Forţei de Muncă (National Agency for Employment);












52.


Agenţia Naţională de Reglementare în Domeniul Energiei (National Authority for Electrical Energy Regulation);












53.


Agenţia Română pentru Conservarea Energiei (Romanian Agency for Power Conservation);












54.


Agenţia Naţională pentru Resurse Minerale (National Agency for Mineral Resources);












55.


Agenţia Română pentru Investiţii Străine (Romanian Agency for Foreign Investment);












56.


Agenţia Naţională a Funcţionarilor Publici (National Agency of Public Civil Servants);












57.


Agenţia Naţională de Administrare Fiscală (National Agency of Fiscal Administration).




SLOVENIA








1.


Predsednik Republike Slovenije (President of the Republic of Slovenia);












2.


Državni zbor (The National Assembly);












3.


Državni svet (The National Council);












4.


Varuh človekovih pravic (The Ombudsman);












5.


Ustavno sodišče (The Constitutional Court);












6.


Računsko sodišče (The Court of Audits);












7.


Državna revizijska komisja (The National Review Commission);












8.


Slovenska akademija znanosti in umetnosti (The Slovenian Academy of Science and Art);












9.


Vladne službe (The Government Services);












10.


Ministrstvo za finance (Ministry of Finance);












11.


Ministrstvo za notranje zadeve (Ministry of Internal Affairs);












12.


Ministrstvo za zunanje zadeve (Ministry of Foreign Affairs);












13.


Ministrstvo za obrambo (Ministry of Defence);












14.


Ministrstvo za pravosodje (Ministry of Justice);












15.


Ministrstvo za gospodarstvo (Ministry of the Economy);












16.


Ministrstvo za kmetijstvo, gozdarstvo in prehrano (Ministry of Agriculture, Forestry and Food);












17.


Ministrstvo za promet (Ministry of Transport);












18.


Ministrstvo za okolje, prostor in energijo (Ministry of Environment, Spatial Planning and Energy);












19.


Ministrstvo za delo, družino in socialne zadeve (Ministry of Labour, Family and Social Affairs);












20.


Ministrstvo za zdravje (Ministry of Health);












21.


Ministrstvo za visoko šolstvo, znanost in tehnogijo (Ministry of Higher Education, Science and Technology);












22.


Ministrstvo za kulturo (Ministry of Culture);












23.


Ministerstvo za javno upravo (Ministry of Public Administration);












24.


Vrhovno sodišče Republike Slovenije (The Supreme Court of the Republic of Slovenia);












25.


Višja sodišča (Higher Courts);












26.


Okrožna sodišča (District Courts);












27.


Okrajna sodišča (County Courts);












28.


Vrhovno tožilstvo Republike Slovenije (The Supreme Prosecutor of the Republic of Slovenia);












29.


Okrožna državna tožilstva (Districts' State Prosecutors);












30.


Družbeni pravobranilec Republike Slovenije (Social Attorney of the Republic of Slovenia);












31.


Državno pravobranilstvo Republike Slovenije (National Attorney of the Republic of Slovenia);












32.


Upravno sodišče Republike Slovenije (Administrative Court of the Republic of Slovenia);












33.


Senat za prekrške Republike Slovenije (Senat of Minor Offenses of the Republic of Slovenia);












34.


Višje delovno in socialno sodišče v Ljubljani (Higher Labour and Social Court);












35.


Delovna in sodišča (Labour Courts);












36.


Upravne note (Local Administrative Units).




SLOVAKIA
Ministries and other central government authorities referred to as in Act No. 575/2001 Coll. on the structure of activities of the Government and central state administration authorities in wording of later amendments:






1.


Ministerstvo hospodárstva Slovenskej republiky (Ministry of Economy of the Slovak Republic);










2.


Ministerstvo financií Slovenskej republiky (Ministry of Finance of the Slovak Republic);










3.


Ministerstvo dopravy, výstavby a regionálneho rozvoja Slovenskej republiky (Ministry of Transport, Construction and Regional Development of the Slovak Republic);










4.


Ministerstvo pôdohospodárstva a rozvoja vidieka Slovenskej republiky (Ministry of Agriculture and Rural Development of the Slovak Republic);










5.


Ministerstvo vnútra Slovenskej republiky (Ministry of Interior of the Slovak Republic);










6.


Ministerstvo obrany Slovenskej republiky (Ministry of Defence of the Slovak Republic);










7.


Ministerstvo spravodlivosti Slovenskej republiky (Ministry of Justice of the Slovak Republic);










8.


Ministerstvo zahraničných vecí Slovenskej republiky (Ministry of Foreign Affairs of the Slovak Republic);










9.


Ministerstvo práce, sociálnych vecí a rodiny Slovenskej republiky (Ministry of Labour, Social Affairs and Family of the Slovak Republic);










10.


Ministerstvo životného prostredia Slovenskej republiky (Ministry of Environment of the Slovak Republic);










11.


Ministerstvo školstva, vedy, výskumu a športu Slovenskej republiky (Ministry of Education, Science, Research and Sport of the Slovak Republic);










12.


Ministerstvo kultúry Slovenskej republiky (Ministry of Culture of the Slovak Republic);










13.


Ministerstvo zdravotníctva Slovenskej republiky (Ministry of Health Service of the Slovak Republic);










14.


Úrad vlády Slovenskej republiky (The Government Office of the Slovak Republic);










15.


Protimonopolný úrad Slovenskej republiky (Antimonopoly Office of the Slovak Republic);










16.


Štatistický úrad Slovenskej republiky (Statistical Office of the Slovak Republic);










17.


Úrad geodézie, kartografie a katastra Slovenskej republiky (The Office of Land Surveyor, Cartography and Cadastre of the Slovak Republic);










18.


Úrad pre normalizáciu, metrológiu a skúšobníctvo Slovenskej republiky (Slovak Office of Standards, Metrology and Testing);










19.


Úrad pre verejné obstarávanie (The Office for Public Procurement);










20.


Úrad priemyselného vlastníctva Slovenskej republiky (Industrial Property Office of the Slovak Republic);










21.


Národný bezpečnostný úrad (National Security Authority);










22.


Kancelária Prezidenta Slovenskej republiky (The Office of the President of the Slovak Republic);










23.


Národná rada Slovenskej republiky (National Council of the Slovak Republic);










24.


Ústavný súd Slovenskej republiky (Constitutional Court of the Slovak Republic);










25.


Najvyšší súd Slovenskej republiky (Supreme Court of the Slovak Republic);










26.


Generálna prokuratúra Slovenskej republiky (Public Prosecution of the Slovak Republic);










27.


Najvyšší kontrolný úrad Slovenskej republiky (Supreme Audit Office of the Slovak Republic);










28.


Telekomunikačný úrad Slovenskej republiky (Telecommunications Office of the Slovak Republic);










29.


Poštový úrad (Postal Regulatory Office);










30.


Úrad na ochranu osobných údajov (Office for Personal Data Protection);










31.


Kancelária verejného ochrancu práv (Ombudsman's Office);










32.


Úrad pre finančný trh (Office for the Finance Market).




FINLAND








1.


Oikeuskanslerinvirasto – Justitiekanslersämbetet (Office of the Chancellor of Justice);












2.


Liikenne- ja Viestintäministeriö – Kommunikationsministeriet (Ministry of Transport and Communications):






1.


Viestintävirasto – Kommunikationsverket (Finnish Communications Regulatory Authority).
















3.


Maa- ja Metsätalousministeriö – Jord- Och Skogsbruksministeriet (Ministry of Agriculture and Forestry):






1.


Elintarviketurvallisuusvirasto – Livsmedelssäkerhetsverket (Finnish Food Safety Authority);










2.


Maanmittauslaitos – Lantmäteriverket (National Land Survey of Finland).
















4.


Oikeusministeriö – Justitieministeriet (Ministry of Justice):






1.


Tietosuojavaltuutetun toimisto – Dataombudsmannens byrå (Office of the Data Protection Ombudsman);










2.


Tuomioistuimet – Domstolar (Courts of Law);










3.


Korkein oikeus – Högsta domstolen (Supreme Court);










4.


Korkein hallinto-oikeus – Högsta förvaltningsdomstolen (Supreme Administrative Court);










5.


Hovioikeudet – hovrätter (Courts of Appeal);










6.


Käräjäoikeudet – tingsrätter (District Courts);










7.


Hallinto-oikeudet – förvaltningsdomstolar (Administrative Courts);










8.


Markkinaoikeus – Marknadsdomstolen (Market Court);










9.


Työtuomioistuin – Arbetsdomstolen (Labour Court);










10.


Vakuutusoikeus – Försäkringsdomstolen (Insurance Court);










11.


Kuluttajariitalautakunta – Konsumenttvistenämnden (Consumer Complaint Board)










12.


Vankeinhoitolaitos – Fångvårdsväsendet (Prison Service).
















5.


Opetusministeriö – Undervisningsministeriet (Ministry of Education):






1.


Opetushallitus – Utbildningsstyrelsen (National Board of Education);










2.


Valtion elokuvatarkastamo – Statens filmgranskningsbyrå (Finnish Board of Film Classification).
















6.


Puolustusministeriö – Försvarsministeriet (Ministry of Defence):






1.


Puolustusvoimat – Försvarsmakten (Finnish Defence Forces).
















7.


Sisäasiainministeriö – Inrikesministeriet (Ministry of the Interior):






1.


Keskusrikospoliisi – Centralkriminalpolisen (Central Criminal Police);










2.


Liikkuva poliisi – Rörliga polisen (National Traffic Police);










3.


Rajavartiolaitos – Gränsbevakningsväsendet (Frontier Guard);










4.


Valtion turvapaikanhakijoiden vastaanottokeskukset – Statliga förläggningar för asylsökande (Reception centres for Asylum Seekers).
















8.


Sosiaali- Ja Terveysministeriö – Social- Och Hälsovårdsministeriet (Ministry of Social Affairs and Health):






1.


Työttömyysturvalautakunta – Besvärsnämnden för utkomstskyddsärenden (Unemployment Appeal Board);










2.


Sosiaaliturvan muutoksenhakulautakunta – Besvärsnämnden för socialtrygghet (Appeal Tribunal);










3.


Lääkelaitos – Läkemedelsverket (National Agency for Medicines);










4.


Terveydenhuollon oikeusturvakeskus – Rättsskyddscentralen för hälsovården (National Authority for Medicolegal Affairs);










5.


Säteilyturvakeskus – Strålsäkerhetscentralen (Finnish Centre for Radiation and Nuclear Safety).
















9.


Työ- Ja Elinkeinoministeriö – Arbets- Och Näringsministeriet (Ministry of Employment and the Economy):






1.


Kuluttajavirasto – Konsumentverket (Finnish Consumer Agency);










2.


Kilpailuvirasto – Konkurrensverket (Finnish Competition Authority);










3.


Patentti- ja rekisterihallitus – Patent- och registerstyrelsen (National Board of Patents and Registration);










4.


Valtakunnansovittelijain toimisto – Riksförlikningsmännens byrå (National Conciliators' Office);










5.


Työneuvosto – Arbetsrådet (Labour Council).
















10.


Ulkoasiainministeriö – utrikesministeriet (Ministry for Foreign Affairs);












11.


Valtioneuvoston kanslia – statsrådets kansli (Prime Minister's Office);












12.


Valtiovarainministeriö – finansministeriet (Ministry of Finance):






1.


Valtiokonttori – Statskontoret (State Treasury);










2.


Verohallinto – Skatteförvaltningen (Tax Administration);










3.


Tullilaitos – Tullverket (Customs);










4.


Väestörekisterikeskus – Befolkningsregistercentralen (Population Register Centre).
















13.


Ympäristöministeriö – Miljöministeriet (Ministry of Environment):






1.


Suomen ympäristökeskus – Finlands miljöcentral (Finnish Environment Institute).
















14.


Valtiontalouden Tarkastusvirasto – Statens Revisionsverk (National Audit Office).




SWEDEN
Akademien för de fria konsterna (Royal Academy of Fine Arts);
Allmänna reklamationsnämnden (National Board for Consumer Complaints);
Arbetsdomstolen (Labour Court);
Arbetsförmedlingen (Swedish Employment Services);
Arbetsgivarverk, statens (National Agency for Government Employers);
Arbetslivsinstitutet (National Institute for Working Life);
Arbetsmiljöverket (Swedish Work Environment Authority);
Arkitekturmuseet (Museum of Architecture);
Ljud och bildarkiv, statens (National Archive of Recorded Sound and Moving Images);
Barnombudsmannen (The Office of the Childrens' Ombudsman);
Beredning för utvärdering av medicinsk metodik, statens (Swedish Council on Technology Assessment in Health Care);
Kungliga Biblioteket (Royal Library);
Biografbyrå, statens (National Board of Film Censors);
Biografiskt lexikon, svenskt (Dictionary of Swedish Biography);
Bokföringsnämnden (Swedish Accounting Standards Board);
Bolagsverket (Swedish Companies Registration Office);
Bostadskreditnämnd, statens (BKN) (National Housing Credit Guarantee Board);
Boverket (National Housing Board);
Brottsförebyggande rådet (National Council for Crime Prevention);
Brottsoffermyndigheten (Criminal Victim Compensation and Support Authority);
Centrala studiestödsnämnden (National Board of Student Aid);
Datainspektionen (Data Inspection Board);
Departementen (Ministries (Government Departments));
Domstolsverket (National Courts Administration);
Elsäkerhetsverket (National Electrical Safety Board);
Exportkreditnämnden (Export Credits Guarantee Board);
Finansinspektionen (Financial Supervisory Authority);
Fiskeriverket (National Board of Fisheries);
Folkhälsoinstitut, statens (National Institute of Public Health);
Forskningsrådet för miljö, areella näringar och samhällsbyggande, Formas (Swedish Research Council for Environment);
Fortifikationsverket (National Fortifications Administration);
Medlingsinstitutet (National Mediation Office);
Försvarets materielverk (Defence Material Administration);
Försvarets radioanstalt (National Defence Radio Institute);
Försvarshistoriska museer, statens (Swedish Museums of Military History);
Försvarshögskolan (National Defence College);
Försvarsmakten (The Swedish Armed Forces);
Försäkringskassan (Social Insurance Office);
Geologiska undersökning, Sveriges (Geological Survey of Sweden);
Geotekniska institut, statens (Geotechnical Institute);
Glesbygdsverket (The National Rural Development Agency);
Grafiska institutet och institutet för högre kommunikations- och reklamutbildning (Graphic Institute and the Graduate School of Communications);
Granskningsnämnden för Radio och TV (The Swedish Broadcasting Commission);
Handelsflottans kultur- och fritidsråd (Swedish Government Seamen's Service);
Handikappombudsmannen (Ombudsman for the Disabled);
Haverikommission, statens (Board of Accident Investigation);
Hovrätterna (Courts of Appeal) (6);
Hyres- och arendenämnder (Regional Rent and Tenancies Tribunals) (12);
Hälso- och sjukvårdens ansvarsnämnd (Committee on Medical Responsibility);
Högskoleverket (National Agency for Higher Education);
Högsta domstolen (Supreme Court);
Institut för psykosocial miljömedicin, statens (National Institute for Psycho-Social Factors and Health);
Institut för tillväxtpolitiska studier (National Institute for Regional Studies);
Institutet för rymdfysik (Swedish Institute of Space Physics);
Migrationsverket (Swedish Migration Board);
Jordbruksverk, statens (Swedish Board of Agriculture);
Justitiekanslern (Office of the Chancellor of Justice);
Jämställdhetsombudsmannen (Office of the Equal Opportunities Ombudsman);
Kammarkollegiet (National Judicial Board of Public Lands and Funds);
Kammarrätterna (Administrative Courts of Appeal) (4);
Kemikalieinspektionen (National Chemicals Inspectorate);
Kommerskollegium (National Board of Trade);
Verket för innovationssystem (VINNOVA) (Swedish Agency for Innovation Systems);
Konjunkturinstitutet (Institute of Economic Research);
Konkurrensverket (Swedish Competition Authority);
Konstfack (College of Arts, Crafts and Design);
Konsthögskolan (College of Fine Arts);
Nationalmuseum (National Museum of Fine Arts);
Konstnärsnämnden (Arts Grants Committee);
Konstråd, statens (National Art Council);
Konsumentverket (National Board for Consumer Policies);
Kriminaltekniska laboratorium, statens (National Laboratory of Forensic Science);
Kriminalvården (Prison and Probation Service);
Kriminalvårdsnämnden (National Paroles Board);
Kronofogdemyndigheten (Swedish Enforcement Authority);
Kulturråd, statens (National Council for Cultural Affairs);
Kustbevakningen (Swedish Coast Guard);
Lantmäteriverket (National Land Survey);
Livrustkammaren/Skoklosters slott/Hallwylska museet (Royal Armoury);
Livsmedelsverk, statens (National Food Administration);
Lotteriinspektionen (The National Gaming Board);
Läkemedelsverket (Medical Products Agency);
Länsrätterna (County Administrative Courts) (24);
Länsstyrelserna (County Administrative Boards) (24);
Pensionsverk, statens (National Government Employee and Pensions Board);
Marknadsdomstolen (Market Court);
Meteorologiska och hydrologiska institut, Sveriges (Swedish Meteorological and Hydrological Institute);
Moderna museet (Modern Museum);
Musiksamlingar, statens (Swedish National Collections of Music);
Naturhistoriska riksmuseet (Museum of Natural History);
Naturvårdsverket (National Environmental Protection Agency);
Nordiska Afrikainstitutet (Scandinavian Institute of African Studies);
Nordiska högskolan för folkhälsovetenskap (Nordic School of Public Health);
Notarienämnden (Recorders Committee);
Myndigheten för internationella adoptionsfrågor (Swedish National Board for Intra Country Adoptions);
Verket för näringslivsutveckling (NUTEK) (Swedish Agency for Economic and Regional Growth);
Ombudsmannen mot etnisk diskriminering (Office of the Ethnic Discrimination Ombudsman);
Patentbesvärsrätten (Court of Patent Appeals);
Patent- och registreringsverket (Patents and Registration Office);
Personadressregisternämnd statens, SPAR-nämnden (Swedish Population Address Register Board);
Polarforskningssekretariatet (Swedish Polar Research Secretariat);
Presstödsnämnden (Press Subsidies Council);
Radio- och TV-verket (The Swedish Radio and TV Authority);
Regeringskansliet (Government Offices);
Regeringsrätten (Supreme Administrative Court);
Riksantikvarieämbetet (Central Board of National Antiquities);
Riksarkivet (National Archives);
Riksbanken (Bank of Sweden);
Riksdagsförvaltningen (Parliamentary Administrative Office);
Riksdagens ombudsmän, JO (The Parliamentary Ombudsmen);
Riksdagens revisorer (The Parliamentary Auditors);
Riksgäldskontoret (National Debt Office);
Rikspolisstyrelsen (National Police Board);
Riksrevisionen (National Audit Bureau);
Riksutställningar, Stiftelsen (Travelling Exhibitions Service);
Rymdstyrelsen (National Space Board);
Forskningsrådet för arbetsliv och socialvetenskap (Swedish Council for Working Life and Social Research);
Räddningsverk, statens (National Rescue Services Board);
Rättshjälpsmyndigheten (Regional Legal-aid Authority);
Rättsmedicinalverket (National Board of Forensic Medicine);
Sameskolstyrelsen och sameskolor (Sami (Lapp) School Board, Sami (Lapp) Schools);
Sjöfartsverket (National Maritime Administration);
Maritima museer, statens (National Maritime Museums);
Skatteverket (Swedish Tax Agency);
Skogsstyrelsen (National Board of Forestry);
Skolverk, statens (National Agency for Education);
Smittskyddsinstitutet (Swedish Institute for Infectious Disease Control);
Socialstyrelsen (National Board of Health and Welfare);
Sprängämnesinspektionen (National Inspectorate of Explosives and Flammables);
Statistiska centralbyrån (Statistics Sweden);
Statskontoret (Agency for Administrative Development);
Strålsäkerhetsmyndigheten (Swedish Radiation Safety Authority);
Styrelsen för internationellt utvecklingssamarbete, SIDA (Swedish International Development Cooperation Authority);
Styrelsen för psykologiskt försvar (National Board of Psychological Defence and Conformity Assessment);
Styrelsen för ackreditering och teknisk kontroll (Swedish Board for Accreditation);
Svenska Institutet, stiftelsen (Swedish Institute);
Talboks- och punktskriftsbiblioteket (Library of Talking Books and Braille Publications);
Tingsrätterna (District and City Courts) (97);
Tjänsteförslagsnämnden för domstolsväsendet (Judges Nomination Proposal Committee);
Totalförsvarets pliktverk (Armed Forces' Enrolment Board);
Totalförsvarets forskningsinstitut (Swedish Defence Research Agency);
Tullverket (Swedish Board of Customs);
Turistdelegationen (Swedish Tourist Authority);
Ungdomsstyrelsen (The National Board of Youth Affairs);
Universitet och högskolor (Universities and University Colleges);
Utlänningsnämnden (Aliens Appeals Board);
Utsädeskontroll, statens (National Seed Testing and Certification Institute);
Vatten- och avloppsnämnd, statens (National Water Supply and Sewage Tribunal);
Verket för högskoleservice (VHS) (National Agency for Higher Education);
Verket för näringslivsutveckling (NUTEK) (Swedish Agency for Economic and Regional Development);
Vetenskapsrådet (Swedish Research Council);
Veterinärmedicinska anstalt, statens (National Veterinary Institute);
Väg- och transportforskningsinstitut, statens (Swedish National Road and Transport Research Institute);
Växtsortnämnd, statens (National Plant Variety Board);
Åklagarmyndigheten (Swedish Prosecution Authority);
Krisberedskapsmyndigheten (Swedish Emergency Management Agency);
Notes to Section A






1.


‘Contracting authorities of EU Member States’ covers also any subordinated entity of any contracting authority of a European Union Member State provided it does not have separate legal personality.










2.


As far as procurement by entities in the field of defence and security is concerned, only non-sensitive and non-warlike materials contained in the list attached to Section D are covered.




SECTION B
SUB-CENTRAL GOVERNMENT ENTITIES
Supplies
Specified in Section D






Thresholds


SDR 200 000
                  




Services
Specified in Section E






Thresholds


SDR 200 000
                  




Works
Specified in Section F






Thresholds


SDR 5 000 000
                  




Procuring entities:








1.


All regional or local contracting authorities
All contracting authorities of the administrative units as defined by Regulation (EC) No 1059/2003 of the European Parliament and of the Council (the ‘NUTS Regulation’) (2).
For the purposes of Chapter 28, ‘Regional contracting authorities’ shall be understood as contracting authorities of the administrative units falling under NUTS 1 and 2, as referred to in the NUTS Regulation.
For the purposes of Chapter 28, ‘Local contracting authorities’ shall be understood as contracting authorities of the administrative units falling under NUTS 3 and smaller administrative units, as referred to in the NUTS Regulation.












2.


All contracting authorities which are bodies governed by public law as defined by EU procurement directives
A ‘body governed by public law’ means any body:






(a)


established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;










(b)


having legal personality; and










(c)


financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law, or subject to management supervision by those bodies, or having an administrative, managerial or supervisory board more than half of whose members are appointed by the State, regional or local authorities or by other bodies governed by public law.








SECTION C
UTILITIES WHICH PROCURE IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 28
Supplies
Specified in Section D






Thresholds


SDR 400 000
                  




Services
Specified in Section E






Thresholds


SDR 400 000
                  




Works
Specified in Section F






Thresholds


SDR 5 000 000
                  




All contracting entities whose procurement is covered by Directive 2014/25/EU of the European Parliament and of the Council (3) which are contracting authorities (e.g. those covered under Section A or B) or public undertakings (4) and which have as one of their activities any of the following or any combination thereof:






(a)


the provision of airport or other terminal facilities to carriers by air;










(b)


the provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway;




Notes to Section C






1.


Contracts awarded for the pursuit of an activity listed above when exposed to competitive forces in the market concerned are not covered by Chapter 28.










2.


Chapter 28 does not apply to contracts awarded by procuring entities covered under this Section:






—


for purposes other than the pursuit of their activities as listed in this Section or for the pursuit of such activities in a non-EEA country,










—


for purposes of re-sale or hire to third parties, provided that the procuring entity enjoys no special or exclusive right to sell or hire the subject of such contracts and other entities are free to sell or hire it under the same conditions as the procuring entity.














3.


Provided that the conditions in the second subparagraph of this paragraph are met, Chapter 28 shall not apply to contracts awarded:






(i)


by a procuring entity to an affiliated undertaking (5), or










(ii)


by a joint venture, formed exclusively by a number of procuring entities for the purpose of carrying out activities within the meaning of subparagraphs (a) and (b) of this Section, to an undertaking which is affiliated with one of these procuring entities.




The first subparagraph of this paragraph applies to services or supplies contracts provided that at least 80 % of the average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives respectively from the provision of such services or supplies to undertakings with which it is affiliated (6).










4.


Chapter 28 does not apply to contracts awarded:






(i)


by a joint venture, formed exclusively by a number of procuring entities for the purposes of carrying out activities within the meaning of subparagraphs (a) and (b) of this Section, to one of these procuring entities, or










(ii)


by a procuring entity to such a joint venture of which it forms part,




provided that the joint venture has been set up to carry out the activity concerned over a period of at least three years, and that the instrument setting up the joint venture stipulates that the procuring entities which form it will be part thereof for at least the same period.




SECTION D
GOODS








1.


Chapter 28 covers the procurement of all goods procured by the entities listed in Section A, unless otherwise specified in Chapter 28.












2.


Chapter 28 covers only the goods that are described in the Chapters of the Combined Nomenclature (CN) specified below and that are procured by Ministries of Defence and Agencies for defence or security activities in Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden:






Chapter 25


Salt; sulphur; earths and stone; plastering materials, lime and cement




Chapter 26


Ores, slag and ash




Chapter 27


Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes
except:
ex 27.10: special engine fuels




Chapter 28


Inorganic chemicals; organic and inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes
except:
ex 2808 : explosives
ex 2813 : explosives
ex 2814 : tear gas
ex 2825 : explosives
ex 2829 : explosives
ex 2834 : explosives
ex 2844 : toxic products
ex 2845 : toxic products
ex 2847 : explosives
ex 2852 : toxic products
ex 2853 : toxic products




Chapter 29


Organic chemicals
except:
ex 2904 : explosives
ex 2905 : explosives
ex 2908 : explosives
ex 2909 : explosives
ex 2912 : explosives
ex 2913 : explosives
ex 2914 : toxic products
ex 2915 : toxic products
ex 2916 : toxic products
ex 2920 : toxic products
ex 2921 : toxic products
ex 2922 : toxic products
ex 2933 : explosives
ex 2926 : toxic products
ex 2928 : explosives




Chapter 30:


Pharmaceutical products




Chapter 31:


Fertilizers




Chapter 32:


Tanning or dyeing extracts; tannings and their derivatives; dyes, pigments and other colouring matter; paints and varnishes, putty and other mastics; inks




Chapter 33:


Essential oils and resinoids, perfumery, cosmetic or toilet preparations




Chapter 34:


Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster




Chapter 35:


Albuminoidal substances; modified starches; glues; enzymes




Chapter 37:


Photographic and cinematographic goods




Chapter 38:


Miscellaneous chemical products
except:
ex 3824 : toxic products




Chapter 39:


Plastics and articles thereof
except:
ex 3912 : explosives




Chapter 40:


Rubber and articles thereof
except:
ex 4011 : bullet-proof tyres




Chapter 41:


Raw hides and skins (other than furskins) and leather




Chapter 42:


Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut)




Chapter 43:


Furskins and artificial fur; manufactures thereof




Chapter 44:


Wood and articles of wood; wood charcoal




Chapter 45:


Cork and articles of cork




Chapter 46:


Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork




Chapter 47:


Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard




Chapter 48:


Paper and paperboard; articles of paper pulp, of paper or of paperboard




Chapter 49:


Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans




Chapter 65:


Headgear and parts thereof




Chapter 66:


Umbrellas, sun umbrellas, walking sticks, seat-sticks, whips, riding crops and parts thereof




Chapter 67:


Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair




Chapter 68:


Articles of stone, plaster, cement, asbestos, mica or similar materials




Chapter 69:


Ceramic products




Chapter 70:


Glass and glassware




Chapter 71:


Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin




Chapter 73:


Articles of iron or steel




Chapter 74:


Copper and articles thereof




Chapter 75:


Nickel and articles thereof




Chapter 76:


Aluminium and articles thereof




Chapter 78:


Lead and articles thereof




Chapter 79:


Zinc and articles thereof




Chapter 80:


Tin and articles thereof




Chapter 81:


Other base metals; cermets; and articles thereof




Chapter 82:


Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal
except:
ex 8207 : tools of base metal
ex 8209 : tools and parts thereof of base metal




Chapter 83:


Miscellaneous articles of base metal




Chapter 84:


Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof
except:
8407: engines
8408: engines
ex 8411 : other engines
ex 8412 : other engines
ex 8458 : machinery
ex 8486 : machinery
ex 8471 : automatic data-processing machines
ex 8473 : parts of machines under heading 8471
ex 8401 : nuclear reactors




Chapter 85:


Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles
except:
ex 8517 : telecommunication equipment
ex 8525 : transmission apparatus
ex 8527 : transmission apparatus




Chapter 86:


Railway or tramway locomotives, rolling stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof, mechanical (including electromechanical) traffic signalling equipment of all kinds
except:
ex 8601 : armoured locomotives, electric
ex 8603 : other armoured locomotives
ex 8605 : wagons
ex 8604 : repair wagons




Chapter 87


Vehicles other than railway or tramway rolling stock, and parts and accessories thereof
except:
8710: tanks and other armoured vehicles
8701: tractors
ex 8702 : military vehicles
ex 8705 : breakdown lorries
ex 8711 : motorcycles
ex 8716 : trailers




Chapter 89


Ships, boats and floating structures
except:
ex 8906 : warships




Chapter 90


Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus and parts thereof
except:
ex 9005 : binoculars
ex 9013 : miscellaneous instruments, lasers
ex 9014 : telemeters
ex 9028 : electrical and electronic measuring instruments
ex 9030 : electrical and electronic measuring instruments
ex 9031 : electrical and electronic measuring instruments
ex 9012 : microscopes
ex 9018 : medical instruments
ex 9019 : mechano-therapy appliances
ex 9021 : orthopaedic appliances
ex 9022 : X-ray apparatus




Chapter 91


Clocks and watches and parts thereof




Chapter 92


Musical instruments; parts and accessories of such articles




Chapter 94


Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like; prefabricated buildings
except:
ex 9401 : aircraft seats




Chapter 96


Miscellaneous manufactured articles








SECTION E
SERVICES
Of the Universal List of Services, as contained in document MTN.GNS/W/120, the following services are included*:






Subject


CPC Reference No.




Maintenance and repair services


6112, 6122, 633, 886




Land transport services, including armoured car services, and courier services, except transport of mail


712 (except 71235), 7512, 87304




Air transport services of passengers and freight, except transport of mail


73 (except 7321)




Transport of mail by land, except rail, and by air


71235, 7321




Telecommunications services


752




Computer and related services


84




Accounting, auditing and bookkeeping services


862




Market research and public opinion polling services


864




Management consulting services and related services


865, 866**




Architectural services; engineering services and integrated engineering services, urban planning and landscape architectural services; related scientific and technical consulting services; technical testing and analysis services


867




Advertising services


871




Building-cleaning services and property management services


874, 82201 to 82206




Publishing and printing services on a fee or contract basis


88442




Sewage and refuse disposal, sanitation and similar services


94




In addition to the services listed above, procurement of the following services (identified in accordance with the United Nations Provisional Central Product Classification (CPC Prov. (7))) is included, for entities covered under Sections A, B and C:






—


Hotel and restaurant services (CPC 641)***,










—


Food serving services (CPC 642)***,










—


Beverage serving services (CPC 643)***,










—


Telecommunication related services (CPC 754),










—


Real estate services on a fee or contract basis (CPC 8220),










—


Other business services (CPC 87901, 87903, 87905-87907),










—


Education services (CPC 92).




Notes to Section E






1.


Procurement by procuring entities covered under Section A, B or C of any of the services covered under this Section is a covered procurement with regard to Chile's provider of service only to the extent that Chile has covered that service under Section E of Annex 28-B.










2.


* Except for services which entities have to procure from another entity pursuant to an exclusive right established by a published law, regulation or administrative provision.










3.


** Except arbitration and conciliation services










4.


*** Hotel and restaurant services (CPC 641), food serving services (CPC 642), beverage serving services (CPC 643) and education services (CPC 92) contracts are included under the national treatment regime for the suppliers, including service providers, of Chile, provided that their value equals or exceeds EUR 750 000 if they are awarded by procuring entities covered under Section A or B of this Annex or provided that their value equals or exceeds EUR 1 000 000 when they are awarded by procuring entities covered under Section C of this Annex.




SECTION F
CONSTRUCTION SERVICES
Definition:
For the purposes of this Section, a ‘construction services contract’ means a contract which has as its objective the realisation by whatever means of civil or building works, in the sense of Division 51 of the Central Product Classification (hereinafter referred as ‘Division 51, CPC’).
List of Division 51, CPC:
All services listed in Division 51.
List of Division 51, CPC









Group


Class


Subclass


Title


Corresponding ISCI




SECTION 5


 


CONSTRUCTION WORK AND CONSTRUCTIONS: LAND


 




DIVISION 51


 


CONSTRUCTION WORK


 




511


 


 


Pre-erection work at construction sites


 




 


5111


51110


Site investigation work


4510




 


5112


51120


Demolition work


4510




 


5113


51130


Site formation and clearance work


4510




 


5114


51140


Excavating and earthmoving work


4510




 


5115


51150


Site preparation work for mining


4510




 


5116


51160


Scaffolding work


4520




512


 


 


Construction work for buildings


 




 


5121


51210


For one- and two-dwelling buildings


4520




 


5122


51220


For multi-dwelling buildings


4520




 


5123


51230


For warehouses and industrial buildings


4520




 


5124


51240


For commercial buildings


4520




 


5125


51250


For public entertainment buildings


4520




 


5126


51260


For hotel, restaurant and similar buildings


4520




 


5127


51270


For educational buildings


4520




 


5128


51280


For health buildings


4520




 


5129


51290


For other buildings


4520




513


 


 


Construction work for civil engineering


 




 


5131


51310


For highways (except elevated highways), street, roads, railways and airfield runways


4520




 


5132


51320


For bridges, elevated highways, tunnels and subways


4520




 


5133


51330


For waterways, harbours, dams and other water works


4520




 


5134


51340


For long distance pipelines, communication and power lines (cables)


4520




 


5135


51350


For local pipelines and cables; ancillary works


4520




 


5136


51360


For constructions for mining and manufacturing


4520




 


5137


 


For constructions for sport and recreation


 




 


 


51371


For stadia and sports grounds


4520




 


 


51372


For other sport and recreation installations (e.g. swimming pools, tennis courts, golf courses)


4520




 


5139


51390


For engineering works n.e.c.


4520




514


5140


51400


Assembly and erection of prefabricated constructions


4520




515


 


 


Special trade construction work


 




 


5151


51510


Foundation work, including pile driving


4520




 


5152


51520


Water well drilling


4520




 


5153


51530


Roofing and water proofing


4520




 


5154


51540


Concrete work


4520




 


5155


51550


Steel bending and erection (including welding)


4520




 


5156


51560


Masonry work


4520




 


5159


51590


Other special trade construction work


4520




516


 


 


Installation work


 




 


5161


51610


Heating, ventilation and air conditioning work


4530




 


5162


51620


Water plumbing and drain laying work


4530




 


5163


51630


Gas fitting construction work


4530




 


5164


 


Electrical work


 




 


 


51641


Electrical wiring and fitting work


4530




 


 


51642


Fire alarm construction work


4530




 


 


51643


Burglar alarm system construction work


4530




 


 


51644


Residential antenna construction work


4530




 


 


51649


Other electrical construction work


4530




 


5165


51650


Insulation work (electrical wiring, water, heat, sound)


4530




 


5166


51660


Fencing and railing construction work


4530




 


5169


 


Other installation work


 




 


 


51691


Lift and escalator construction work


4530




 


 


51699


Other installation work n.e.c.


4530




517


 


 


Building completion and finishing work


 




 


5171


51710


Glazing work and window glass installation work


4540




 


5172


51720


Plastering work


4540




 


5173


51730


Painting work


4540




 


5174


51740


Floor and wall tiling work


4540




 


5175


51750


Other floor laying, wall covering and wall papering work


4540




 


5176


51760


Wood and metal joinery and carpentry work


4540




 


5177


51770


Interior fitting decoration work


4540




 


5178


51780


Ornamentation fitting work


4540




 


5179


51790


Other building completion and finishing work


4540




518


5180


51800


Renting services related to equipment for construction or demolition of buildings or civil engineering works, with operator


4550




SECTION G
WORKS CONCESSIONS
Definition:

            ‘works concession’ means a contract for pecuniary interest concluded in writing by means of which procuring entities entrust the execution of works to one or more economic operators and the consideration for which consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment.
The award of a works concession shall involve the transfer to the economic operators of an operating risk in exploiting those works encompassing demand or supply risk, or both. The recoup of the investments made or the costs incurred in operating the works should not be guaranteed.
Scope:
Work concessions contracts, when awarded by entities covered in Section A or B, and provided their value equals or exceeds 5 000 000 SDR, the following provisions apply: Article 28.1, Article 28.2 (except paragraphs 7 and 8), Article 28.3, Article 28.4 (except paragraph 5), Article 28.5, Article 28.6 (except subparagraphs (c) and (e) of paragraph 2 and paragraphs 4 and 5), Article 28.7, Article 28.9, Article 28.10, Article 28.11, Article 28.12(1), subparagraphs (a), (b) and (c) of Article 28.14(1), Article 28.16, Article 28.17, Article 28.18, Article 28.19, Article 28.20, Article 28.21.
Notes:
This commitment is subject to the exemptions set out in Articles 11 and 12 of Directive 2014/23/EU of the European Parliament and of the Council (8).
SECTION H
GENERAL NOTES AND DEROGATIONS








1.


Chapter 28 does not cover:






(a)


procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes (e.g. food aid including urgent relief aid);










(b)


procurement for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time; or










(c)


procurement by procuring entities covered under Section A or B in connection with activities in the fields of drinking water, energy, transport and the postal sector are not covered by Chapter 28, unless covered under Section C and subject to the value thresholds applying thereto.
















2.


In respect of the Åland Islands (Ahvenanmaa), the special conditions of Protocol No 2 on the Åland Islands to the Act of Accession of Austria, Finland and Sweden to the European Union applies.




SECTION I
MEDIA FOR PUBLICATION OF PROCUREMENT INFORMATION








1.


Electronic or paper media utilised by the EU Party for the publication of laws, regulations, judicial decisions, administrative rulings of general application, standard contract clauses, and procedures regarding government procurement covered by Article 28.5






1.1


European Union
The information on the public procurement system of the European Union:






—



http://simap.ted.europa.eu/index_en.html











—


The Official Journal of the European Union














1.2


Member States






1.2.1


Belgium






1.


Laws, royal regulations, ministerial regulations, ministerial circulars:






—


le Moniteur Belge.














2.


Jurisprudence:






—


Pasicrisie.


















1.2.2


Bulgaria






1.


Laws and Regulations:






—


Държавен вестник (State Gazette).














2.


Judicial decisions:






—



http://www.sac.government.bg.














3.


Administrative rulings of general application and any procedure:






—



http://www.aop.bg;










—



http://www.cpc.bg



















1.2.3


Czechia






1.


Laws and Regulations:






—


Collection of Laws of the Czech Republic.














2.


Rulings of the Office for the Protection of Competition:






—


Collection of Rulings of the Office for the Protection of Competition.


















1.2.4


Denmark






1.


Laws and regulations:






—


Lovtidende.














2.


Judicial decisions:






—


Ugeskrift for Retsvaesen.














3.


Administrative rulings and procedures:






—


Ministerialtidende.














4.


Rulings by the Danish Complaints Board for Public Procurement:






—


Kendelser fra Klagenævnet for Udbud.


















1.2.5


Germany






1.


Legislation and regulations:






—


Bundesgesetzblatt;










—


Bundesanzeiger.














2.


Judicial decisions:






—


Entscheidungsammlungen des: Bundesverfassungsgerichts; Bundesgerichtshofs; Bundesverwaltungsgerichts Bundesfinanzhofs sowie der Oberlandesgerichte.


















1.2.6


Estonia






1.


Laws, regulations and administrative rulings of general application:






—


Riigi Teataja - http://www.riigiteataja.ee.














2.


Procedures regarding government procurement:






—



https://riigihanked.riik.ee.


















1.2.7


Ireland






1.


Legislation and regulations:






—


Iris Oifigiúil (Official Gazette of the Irish Government).


















1.2.8


Greece






1.


Epishmh efhmerida eurwpaikwn koinothtwn (Government Gazette of Greece).














1.2.9


Spain






1.


Legislation:






—


Boletín Oficial del Estado.














2.


Judicial rulings:






—


Judicial Documentation Center (Centro de Documentación Judicial (Cendoj)) https://www.poderjudicial.es/search/indexAN.jsp;










—


Constitutional Court of Spain (Base de datos pública de jurisprudencia del Tribunal Constitucional), http://hj.tribunalconstitucional.es/es;










—


Central Administrative Tribunal of Contract Appeals (Tribunal Administrativo Central de Recursos Contractuales) https://www.hacienda.gob.es/es-ES/Areas%20Tematicas/Contratacion/TACRC/Paginas/BuscadordeResoluciones.aspx



















1.2.10


France






1.


Legislation:






—


Journal Officiel de la République française.














2.


Jurisprudence:






—


Recueil des arrêts du Conseil d'État.










—


Revue des marchés publics.


















1.2.11


Croatia






1.


Narodne novine - http://www.nn.hr.














1.2.12


Italy






1.


Legislation:






—


Gazzetta Ufficiale.














2.


Jurisprudence:






—


No official publication.


















1.2.13


Cyprus






1.


Legislation:






—


Επίσημη Εφημερίδα της Δημοκρατίας (Official Gazette of the Republic).














2.


Judicial decisions:






—


Αποφάσεις Ανωτάτου Δικαστηρίου 1999 - Τυπογραφείο της Δημοκρατίας (Decisions of the Supreme High Court - Printing Office).


















1.2.14


Latvia






1.


Legislation:






—


Latvijas vēstnesis (Official Newspaper).


















1.2.15


Lithuania






1.


Laws, regulations and administrative provisions:






—


Teisės aktų registras (Register of Legal Acts).














2.


Judicial decisions, jurisprudence:






—


Bulletin of the Supreme Court of Lithuania ‘Teismų praktika’;










—


Bulletin of the Supreme Administrative Court of Lithuania ‘Administracinių teismų praktika’.


















1.2.16


Luxembourg






1.


Legislation:






—


Memorial.














2.


Jurisprudence:






—


Pasicrisie.


















1.2.17


Hungary






1.


Legislation:






—


Magyar Közlöny (Official Journal of the Republic of Hungary).














2.


Jurisprudence:






—


Közbeszerzési Értesítő - a Közbeszerzések Tanácsa Hivatalos Lapja (Public Procurement Bulletin – Official Journal of the Public Procurement Council).


















1.2.18


Malta






1.


Legislation:






—


Government Gazette.


















1.2.19


Netherlands






1.


Legislation:






—


Nederlandse Staatscourant and/or Staatsblad.














2.


Jurisprudence:






—


No official publication.


















1.2.20


Austria






1.


Legislation:






—


Österreichisches Bundesgesetzblatt;










—


Amtsblatt zur Wiener Zeitung.














2.


Judicial decisions:






—


Entscheidungen des Verfassungsgerichtshofes, Verwaltungsgerichtshofes, Obersten Gerichtshofes, der Oberlandesgerichte, des Bundesverwaltungsgerichtes und der Landesverwaltungsgerichte - http://ris.bka.gv.at/Judikatur/.


















1.2.21


Poland






1.


Legislation:






—


Dziennik Ustaw Rzeczypospolitej Polskiej (Journal of Laws – Republic of Poland).














2.


Judicial decisions, jurisprudence:






—



                                                            ‘Zamówienia publiczne w orzecznictwie. Wybrane orzeczenia zespołu arbitrów i Sądu Okręgowego w Warszawie’ (Selection of judgments of arbitration panels and Regional Court in Warsaw).


















1.2.22


Portugal






1.


Legislation:






—


Diário da República Portuguesa 1a Série A e 2a série.














2.


Judicial Publications:






—


Boletim do Ministério da Justiça;










—


Colectânea de Acordos do Supremo Tribunal Administrativo;










—


Colectânea de Jurisprudencia Das Relações.


















1.2.23


Romania






1.


Laws and Regulations:






—


Monitorul Oficial al României (Official Journal of Romania).














2.


Judicial decisions, administrative rulings of general application and any procedure: http://www.anrmap.ro.














1.2.24


Slovenia






1.


Legislation:






—


Official Gazette of the Republic of Slovenia.














2.


Judicial decisions:






—


No official publication.


















1.2.25


Slovakia






1.


Legislation:






—


Zbierka zákonov (Collection of Laws).














2.


Judicial decisions:






—


No official publication.


















1.2.26


Finland






1.


Suomen Säädöskokoelma - Finlands Författningssamling (The Collection of the Statutes of Finland).










2.


Ålands Författningssamling (Åland Statute Series).














1.2.27


Sweden
Svensk Författningssamling (Swedish Code of Statutes).




















2.


Electronic or paper media utilised by the EU Party for the publication of notices required by Articles 28.6, 28.8(7) and 28.17(2) pursuant to Article 28.5






2.1


European Union
Supplement to the Official Journal of the European Union, and its electronic version:
TED (tenders electronically daily) http://ted.europa.eu (also accessible from the portal

http://simap.ted.europa.eu/index_en.html)










2.2


Member States






2.2.1


Belgium






1.


Official Journal of the European Union;










2.


Le Bulletin des Adjudications;










3.


Other publications in the specialized press.














2.2.2


Bulgaria






1.


Official Journal of the European Union;










2.


Държавен вестник (State Gazette) - http://dv.parliament.bg;










3.


Public Procurement Register - http://www.aop.bg.














2.2.3


Czechia
Official Journal of the European Union.










2.2.4


Denmark
Official Journal of the European Union.










2.2.5


Germany
Official Journal of the European Union.










2.2.6


Estonia
Official Journal of the European Union.










2.2.7


Ireland






1.


Official Journal of the European Union;










2.


eTenders (www.eTenders.gov.ie).














2.2.8


Greece






1.


Official Journal of the European Union;










2.


Publication in the daily, financial, regional and specialized press.














2.2.9


Spain






1.


Official Journal of the European Union










2.


Spanish Platform for Public Sector Procurement (Plataforma de Contratación del Sector Público), https://contrataciondelestado.es/wps/portal/plataforma











3.


Official Gazette of the Spanish Government (Boletín Oficial del Estado) https://www.boe.es.














2.2.10


France






1.


Official Journal of the European Union;










2.


Bulletin officiel des annonces des marchés publics.














2.2.11


Croatia






1.


Official Journal of the European Union;










2.


Elektronički oglasnik javne nabave Republike Hrvatske (Electronic Public Procurement Classifieds of the Republic of Croatia).














2.2.12


Italy
Official Journal of the European Union.










2.2.13


Cyprus






1.


Official Journal of the European Union;










2.


Official Gazette of the Republic;










3.


Local Daily Press.














2.2.14


Latvia






1.


Official Journal of the European Union;










2.


Latvijas vēstnesis (Official newspaper).














2.2.15


Lithuania






1.


Official Journal of the European Union;










2.


Centrinė viešųjų pirkimų informacinė sistema (Central Portal of Public Procurement);










3.


Information supplement ‘Informaciniai pranešimai’ to the Official Gazette (‘Valstybės žinios’) of the Republic of Lithuania.














2.2.16


Luxembourg






1.


Official Journal of the European Union;










2.


Daily Press.














2.2.17


Hungary






1.


Official Journal of the European Union;










2.


Közbeszerzési Értesítő - a Közbeszerzések Tanácsa Hivatalos Lapja (Public Procurement Bulletin - Official Journal of the Public Procurement Council).














2.2.18


Malta






1.


Official Journal of the European Union;










2.


Government Gazette.














2.2.19


Netherlands
Official Journal of the European Union.










2.2.20


Austria






1.


Official Journal of the European Union;










2.


Amtsblatt zur Wiener Zeitung.














2.2.21


Poland






1.


Official Journal of the European Union;










2.


Biuletyn Zamówień Publicznych (Public Procurement Bulletin).














2.2.22


Portugal
Official Journal of the European Union.










2.2.23


Romania






1.


Official Journal of the European Union;










2.


Monitorul Oficial al României (Official Journal of Romania);










3.


Electronic System for Public Procurement - http://www.e-licitatie.ro.














2.2.24


Slovenia






1.


Official Journal of the European Union;










2.


Portal javnih naročil - http://www.enarocanje.si/?podrocje=portal.














2.2.25


Slovakia






1.


Official Journal of the European Union;










2.


Vestník verejného obstarávania (Journal of Public Procurement).














2.2.26


Finland






1.


Official Journal of the European Union;










2.


Julkiset hankinnat Suomessa ja ETA-alueella, Virallisen lehden liite (Public Procurement in Finland and at the EEA-area, Supplement to the Official Gazette of Finland).














2.2.27


Sweden
Official Journal of the European Union.














(*1)  Postal activities as per act of 24 December 1993
         

(1)  Acts as the central purchasing entity for all the Italian public administration.

(2)  Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ EU L 154, 21.6.2003, p. 1).

(3)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ EU L 94, 28.3.2014, p. 243).

(4)  In accordance with Directive 2014/25/EU, a public undertaking means any undertaking over which the contracting authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it.
A dominant influence on the part of the contracting authorities shall be presumed in any of the following cases in which those authorities, directly or indirectly:






—


hold the majority of the undertaking's subscribed capital, or










—


control the majority of the votes attaching to shares issued by the undertaking, or










—


can appoint more than half of the undertaking's administrative, management or supervisory body.





(5)  
            ‘affiliated undertaking’ means any undertaking the annual accounts of which are consolidated with those of the procuring entity in accordance with the requirements of Seventh Council Directive 83/349/EEC of 13 June 1983 based the Article 54(3)(g) on consolidated accounts (OJ EU L 193, 18.7.1983, p. 1), or in case of entities not subject to that Directive, any undertaking over which the procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.

(6)  When, because of the date on which an affiliated undertaking was created or commenced activities, the turnover is not available for the preceding three years, it will be sufficient for that undertaking to show that the turnover referred to in this paragraph is credible, in particular by means of business projections.

(7)  
            http://unstats.un.org/unsd/cr/registry/regcst.asp?Cl=9&Lg=1


(8)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ EU L 94, 28.3.2014, p. 1).





ANNEX 28-B
PUBLIC PROCUREMENT
CHILE
SECTION A
CENTRAL GOVERNMENT ENTITIES








1.


Chapter 28 applies to procurement by the Central Level of Government Entities listed in this Section where the value of the procurement is estimated, in accordance with Section J, to equal or exceed the following relevant threshold:




Goods
Specified in Section D






Thresholds


SDR 95 000
                  




Services
Specified in Section E






Thresholds


SDR 95 000
                  




Construction services
Specified in Section F






Thresholds


SDR 5 000 000
                  












2.


The monetary thresholds set out in paragraph 1 shall be adjusted in accordance with Section J.




List of entities
Unless otherwise specified in this Section, all subordinated entities to those listed are covered by Chapter 28, including the following:






1.


Presidencia de la República (Presidency of the Republic).










2.


Ministerio del Interior y Seguridad Pública (Ministry of the Interior and Public Security):
Subsecretaría del Interior;
Subsecretaría de Desarrollo Regional;
Subsecretaría de Prevención del Delito;
Oficina Nacional de Emergencia del Ministerio del Interior (ONEMI);
Servicio Nacional para la Prevención y Rehabilitación del Consumo de Drogas y Alcohol (SENDA);
Fondo Nacional de Seguridad Pública;
Departamento de Extranjería.










3.


Ministerio de Relaciones Exteriores (Ministry of Foreign Affairs):
Subsecretaría de Relaciones Exteriores;
Subsecretaría de Relaciones Económicas Internacionales;
Instituto Antártico Chileno (INACH);
Dirección Nacional de Fronteras y Límites del Estado (DIFROL);
Agencia de Cooperación Internacional (AGCI).










4.


Ministerio de Defensa Nacional (Ministry of National Defence):
Subsecretaría de Defensa;
Subsecretaría para las Fuerzas Armadas;
Dirección Administrativa del ministerio de Defensa Nacional;
Dirección de Aeronáutica Civil (DGAC);
Dirección General de Movilización Nacional (DGMN);
Academia Nacional de Estudios Políticos y Estratégicos (ANEPE);
Defensa Civil de Chile.










5.


Ministerio de Hacienda (Ministry of Finance):
Subsecretaría de Hacienda;
Dirección de Presupuestos (DIPRES);
Servicio de Impuestos Internos (SII);
Tesorería General de la República (TGR);
Servicio Nacional de Aduanas (SNA);
Chilecompra;
Comisión para el Mercado Financiero (CMF).










6.


Ministerio Secretaría General de la Presidencia (Ministry General Secretariat of the Presidency):
Subsecretaría General de la Presidencia.










7.


Ministerio Secretaría General de Gobierno (Ministry General Secretariat of the Government):
Subsecretaría General de Gobierno;
Instituto Nacional del Deporte (IND);
División de Organizaciones Sociales (DOS);
Secretaría de Comunicaciones.










8.


Ministerio de Economía, Fomento y Turismo (Ministry of Economy, Development and Tourism):
Subsecretaría de Economía y Empresas de Menor Tamaño;
Subsecretaría de Pesca y Acuicultura;
Servicio Nacional de Turismo (SERNATUR);
Servicio Nacional del Consumidor (SERNAC);
Servicio Nacional de Pesca (SERNAPESCA);
Corporación de Fomento de la Producción (CORFO);
Servicio de Cooperación Técnica (SERCOTEC);
Fiscalía Nacional Económica (FNE);
Invest Chile;
Instituto Nacional de Estadísticas (INE);
Instituto de Propiedad Intelectual (INAPI);
Fondo Nacional de Desarrollo Tecnológico y Productivo (FONDEF);
Superintendencia de Insolvencia y Reemprendimiento;
Instituto Nacional de Desarrollo Sustentable de la Pesca Artesanal y de la Acuicultura de Pequeña Escala (INDESPA);
Sistema de Empresas Públicas (SEP).










9.


Ministerio de Minería (Ministry of Mining):
Subsecretaría de Minería;
Comisión Chilena del Cobre (COCHILCO);
Servicio Nacional de Geología y Minería (SERNAGEOMIN).










10.


Ministerio de Energía (Ministry of Energy):
Subsecretaría de Energía;
Comisión Nacional de Energía;
Comisión Chilena de Energía Nuclear (CCHEN);
Superintendencia de Electricidad y Combustible.










11.


Ministerio de Desarrollo Social y Familia (Ministry of Social Development and Family):
Subsecretaría de Evaluación Social;
Subsecretaría de Servicios Sociales;
Subsecretaría de la Niñez;
Corporación Nacional Desarrollo Indígena (CONADI);
Fondo de Solidaridad e Inversión Social (FOSIS);
Servicio Nacional de la Discapacidad (SENADIS);
Instituto Nacional de la Juventud (INJUV);
Servicio Nacional del Adulto Mayor (SENAMA).










12.


Ministerio de Educación (Ministry of Education):
Subsecretaría de Educación;
Subsecretaría de Educación Parvularia;
Subsecretaría de Educación Superior;
Superintendencia de Educación;
Comisión Nacional de Investigación Científica y Tecnológica (CONICYT);
Junta Nacional de Auxilio Escolar y Becas (JUNAEB);
Junta Nacional de Jardines Infantiles (JUNJI);
Centro de Educación y Tecnología (ENLACES).










13.


Ministerio de Justicia y Derechos Humanos (Ministry of Justice and Human Rights):
Subsecretaría de Justicia;
Subsecretaría de Derechos Humanos;
Servicio Nacional de Menores (SENAME);
Servicio Médico Legal;
Gendarmería de Chile;
Servicio Registro Civil e Identificación;
Corporaciones de Asistencia Judicial.










14.


Ministerio del Trabajo y Previsión Social (Ministry of Labor and Social Security):
Subsecretaría del Trabajo;
Subsecretaría de Previsión Social;
Dirección del Trabajo;
Servicio Nacional de Capacitación y Empleo (SENCE);
Comisión del Sistema Nacional de Certificación de Competencias Laborales (CHILEVALORA);
Dirección General del Crédito Prendario;
Superintendencia de Pensiones;
Superintendencia de Seguridad Social;
Instituto de Previsión Social (IPS);
Instituto de Seguridad Laboral (ISL);
Fondo Nacional de Pensiones Asistenciales.










15.


Ministerio de Obras Públicas (Ministry of Public Works):
Subsecretaría de Obras Públicas;
Dirección General de Obras Públicas;
Dirección General de Concesiones;
Dirección General de Aguas;
Administración y ejecución de Obras Públicas;
Administración de Servicios de Concesiones Dirección de Aeropuertos;
Dirección de Aeropuertos;
Dirección de Arquitectura;
Dirección de Obras Portuarias;
Dirección de Planeamiento;
Dirección de Obras Hidráulicas;
Dirección de Vialidad;
Dirección de Contabilidad y Finanzas;
Instituto Nacional de Hidráulica;
Superintendencia Servicios Sanitarios (SISS).










16.


Ministerio de Transportes y Telecomunicaciones (Ministry of Transport and TeleCommunications):
Subsecretaría de Transportes;
Subsecretaría de Telecomunicaciones;
Junta de Aeronáutica Civil;
Centro de Control y Certificación Vehicular (3CV);
Comisión Nacional de Seguridad de Tránsito (CONASET);
Unidad Operativa de Control de Tránsito (UOCT).










17.


Ministerio de Salud (Ministry of Health):
Subsecretaría de Salud Pública;
Subsecretaría de Redes Asistenciales;
Central de Abastecimiento del Sistema Nacional de Servicios de Salud (CENABAST);
Fondo Nacional de Salud (FONASA);
Instituto de Salud Pública (ISP);
Instituto Nacional del Tórax;
Superintendencia de Salud;
Servicio de Salud Arica y Parinacota;
Servicio de Salud Iquique y Tarapacá;
Servicio de Salud Antofagasta;
Servicio de Salud Atacama;
Servicio de Salud Coquimbo;
Servicio de Salud Valparaíso-San Antonio;
Servicio de Salud Viña del Mar-Quillota;
Servicio de Salud O'Higgins;
Servicio de Salud Maule;
Servicio de Salud Ñuble;
Servicio de Salud Concepción;
Servicio de Salud Talcahuano;
Servicio de Salud Bío-Bío;
Servicio de Salud Arauco;
Servicio de Salud Araucanía Norte;
Servicio de Salud Araucanía Sur;
Servicio de Salud Valdivia;
Servicio de Salud Osorno;
Servicio de Salud Chiloé;
Servicio de Salud Aysén;
Servicio de Salud Magallanes;
Servicio de Salud Metropolitano Norte;
Servicio de Salud Metropolitano Occidente;
Servicio de Salud Central;
Servicio de Salud Oriente;
Servicio de Salud Metropolitano Sur;
Servicio de Salud Metropolitano Sur-Oriente.










18.


Ministerio de Vivienda y Urbanismo (Ministry of Housing and Urban Planning):
Subsecretaría de Vivienda y Urbanismo;
Parque Metropolitano;
Servicios de Vivienda y Urbanismo.










19.


Ministerio de Bienes Nacionales (Ministry of National Assets):
Subsecretaría de Bienes Nacionales.










20.


Ministerio de Agricultura (Ministry of Agriculture):
Subsecretaría de Agricultura;
Comisión Nacional de Riego (CNR);
Corporación Nacional Forestal (CONAF);
Instituto de Desarrollo Agropecuario (INDAP);
Oficina de Estudios y Políticas Agrícolas (ODEPA);
Servicio Agrícola y Ganadero (SAG);
Instituto de Investigaciones Agropecuarias (INIA);
AgroSeguros;
Agencia Chilena para la Inocuidad y Calidad Alimentaria (ACHIPIA).










21.


Ministerio del Medio Ambiente (Ministry of the Environment):
Servicio de Evaluación Ambiental;
Superintendencia de Medio Ambiente.










22.


Ministerio del Deporte (Ministry of Sport):
Subsecretaría del Deporte.










23.


Ministerio de las Culturas, las Artes y el Patrimonio (Ministry of Culture, Arts and Heritage):
Subsecretaría de las Culturas y las Artes;
Subsecretaría del Patrimonio Cultural;
Consejo Nacional de las Culturas y el Patrimonio;
Consejo Nacional del Libro y la Lectura;
Consejo de Fomento de la Música Nacional;
Servicio Nacional del Patrimonio Cultural;
Fondo de Desarrollo de las Artes y la Cultura (FONDART).










24.


Ministerio de la Mujer y la Equidad de Género (Ministry of Women and Gender Equity):
Subsecretaría de la Mujer y la Equidad de Género.










25.


Ministerio de Ciencia, Tecnología, Conocimiento e Innovación (Ministry of Science, Technology, Knowledge and Innovation):
Subsecretaría de Ciencia, Tecnología, Conocimiento e Innovación.










26.


Contraloría General de la República (Comptroller General of Chile)




All regional governments (including current and newly created functions, such as Intendencias / Gobernadores regionales)
All local governments (Gobernaciones including current ‘Gobernador’ and newly created functions, such as ‘Delegado presidencial provincial’)
Note:
All other central public entities including their regional and sub-regional subdivisions provided that they do not have an industrial or commercial character.
SECTION B
SUB-CENTRAL GOVERNMENT ENTITIES








1.


Chapter 28 applies to procurement by the sub-central government entities listed in this Section where the value of the procurement is estimated, in accordance with Section J of Annex 28-B, to equal or exceed the following relevant threshold:
Goods
Specified in Section D






Thresholds


SDR 200 000
                        




Services
Specified in Section E






Thresholds


SDR 200 000
                        




Construction services
Specified in Section F






Thresholds


SDR 5 000 000
                        
















2.


The monetary thresholds set out in paragraph 1 shall be adjusted in accordance with Section J.
List of entities
All municipalities (Municipalidades)




Note:
All other sub-central government entities including their subdivisions and all other entities operating in the general interest and subject to effective and managerial or financial control by public entities, provided that they do not have an industrial or commercial character.
SECTION C
OTHER ENTITIES COVERED








1.


Chapter 28 applies to procurement by other entities listed in this Section where the value of the procurement is estimated, in accordance with Section J, to equal or exceed the following relevant threshold:
Goods
Specified in Section D






Thresholds


SDR 220 000
                        




Services
Specified in Section E






Thresholds


SDR 220 000
                        




Construction services
Specified in Section F






Thresholds


SDR 5 000 000
                        
















2.


The monetary thresholds set out in paragraph 1 shall be adjusted in accordance with Section J.
List of entities






1.



Empresa Portuaria Arica (Arica Port Company);










2.



Empresa Portuaria Iquique (Iquique Port Company);










3.



Empresa Portuaria Antofagasta (Antofagasta Port Company);










4.



Empresa Portuaria Coquimbo (Coquimbo Port Company);










5.



Empresa Portuaria Valparaíso (Valparaíso Port Company);










6.



Empresa Portuaria San Antonio (San Antonio Port Company);










7.



Empresa Portuaria Talcahuano San Vicente (Talcahuano San Vicente Port Company);










8.



Empresa Portuaria Puerto Montt (Puerto Montt Port Company);










9.



Empresa Portuaria Chacabuco (Chacabuco Port Company);










10.



Empresa Portuaria Austral (Austral Port Company);










11.



Aeropuertos de propiedad del Estado, dependientes de la Dirección General de Aeronáutica Civil (DGAC) (State-owned Airports, dependent on the General Directorate for Civil Aeronautics).








Notes:
All other public undertakings which have as one of their activities any of the following or any combination thereof:






(a)


the provision of airport or other terminal facilities to carriers by air; and










(b)


the provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway.




SECTION D
GOODS
Chapter 28 applies to all goods procured by the entities listed in Section A, B or C of this Annex, unless otherwise specified in Chapter 28.
SECTION E
SERVICES
Chapter 28 applies to all services procured by the entities listed in Section A, B or C of this Annex, unless otherwise specified in Chapter 28.
SECTION F
CONSTRUCTION SERVICES
Chapter 28 applies to all construction services procured by the entities listed in Section A, B or C of this Annex, including public works concession contract, unless otherwise specified in Chapter 28.
Chapter 28 does not apply to construction services intended for Easter Island (Isla de Pascua).
Notes:






(a)


For construction services, the definition of technical specification in subparagraph (q) of Article 28.1 includes the constructive methods and constructive design;










(b)


In the context of limited tendering, as referred to in Article 28.14(1), the reference to extreme urgency in subparagraph (d) of that paragraph shall be understood as an emergency and catastrophe.




SECTION G
PUBLIC WORKS CONCESSION
For the purposes of this Section, ‘public works concession contract’ means the contractual agreement by which a private party assumes the execution, repair or maintenance of a public work in exchange for its temporary exploitation, consisting of the right to control and operate the work and receive income from it and/or a payment from the State.
The definition ‘public works concession contract’ includes all classes of contracts subject to the public works concession regulation (Decree No 900 of 1996, of the Ministry of Public Works which establishes the consolidated, coordinated and systematized text of Decree with Force of Law No 164 of 1991 of the Ministry of Public Works, Public Works Concessions Law, and Supreme Decree No 956 of 1997, of the Ministry of Public Works, which publishes the Regulations of the Public Works Concessions Law).
Scope








1.


Public works concessions contracts, where awarded by entities covered in Section A or B and provided their value equals or exceeds 5 000 000 SDR, the following Articles shall apply: Article 28.1, Article 28.2 (except for paragraphs 7 and 8), Article 28.3, Article 28.4**, Article 28.5, Article 28.6 (except for subparagraphs (c) and (e) of paragraph 2 and paragraphs 4 and 5), Article 28.7, Article 28.9, Article 28.10, Article 28.11, Article 28.12(1), Article 28.16, Article 21.17, Article 21.18, Article 21.19, Article 21.20 and Article 28.21.






**


In relation to Article 28.4(4), in the case of public works concessions, the receipt of tenders shall be performed using electronic means to the extent possible.
















2.


Beyond the provisions referred to in paragraph 1, the Parties' domestic legislation on concessions shall apply.




Notes:
For public works concession, the definition of technical specification in subparagraph (q) of Article 28.1 includes the constructive methods and constructive design.
SECTION H
GENERAL NOTES AND DEROGATIONS
Chapter 28 does not apply to procurement of a good or service outside the territory of Chile for consumption outside the territory of Chile.
SECTION I
PUBLICATIONS
Electronic media utilised for the publication of notices
www.mercadopublico.cl or www.chilecompra.cl
www.mop.cl

http://www.concesiones.cl/proyectos/Paginas/AgendaConcesiones2018_2022.aspx

Laws and regulations
www.diariooficial.cl
Judicial decisions

http://basejurisprudencial.poderjudicial.cl/

Administrative rules

https://www.contraloria.cl/web/cgr/dictamenes-y-pronunciamientos-juridicos

SECTION J
THRESHOLD VALUES








1.


Chile shall calculate and convert the value of the thresholds to its national currency using the conversion rates of the daily values of the national currency in terms of Special Drawing Rights, published monthly by the International Monetary Fund in ‘International Financial Statistics’, over a period of two years prior to 1 October of the year prior to the thresholds taking effect, which will be from 1 January of the following year.












2.


Chile shall notify the EU Party on the value, in its national currency, of the new thresholds calculated no later than one month before those thresholds take effect. Thresholds expressed in the national currency of Chile shall be fixed for a period of two calendar years.









ANNEX 29
SCHEDULE OF CHILE






1. Obligations concerned:


Subparagraph (a) of Article 29.4(1)
Subparagraph (b) of Article 29.4(1)
Subparagraph (c)(i) of Article 29.4(1)




Entity:


Empresa Nacional de Petróleo (ENAP) or its successor, its subsidiaries and affiliates.




Scope of non-conforming activities:


With respect to subparagraphs (a) and (b) of Article 29.4(1), the entity may accord preferential treatment in its purchases of energy goods, such as hydrocarbon or electric power from any source of generation, for resale in remote or underserved areas of Chile.
With respect to subparagraphs (a) and (c)(i) of Article 29.4(1), the entity may accord preferential treatment in its sales of energy goods, such as hydrocarbon or electric power from any source of generation, to consumers in remote or underserved areas of Chile.




2. Obligations concerned:


Subparagraph (a) of Article 29.4(1)
Subparagraph (b) of Article 29.4(1)




Entity:


Corporación Nacional del Cobre (CODELCO) or its successor, its subsidiaries and affiliates.




Scope of non-conforming activities:


With respect to subparagraphs (a) and (b) of Article 29.4(1), the entity may accord preferential treatment to enterprises in the territory of Chile in up to 10 % of the total value of its annual purchases of goods and services.




3. Obligations concerned:


Subparagraph (a) of Article 29.4(1)
Subparagraph (b) of Article 29.4(1)
Subparagraph (c)(i) of Article 29.4(1)




Entity:


Empresa Nacional de Minería (ENAMI) or its successor, its subsidiaries and affiliates.




Scope of non-conforming activities:


With respect to subparagraphs (a) and (b) of Article 29.4(1), the entity may accord, pursuant to laws or regulations, preferential treatment in its purchases of minerals from small and midsize mineral producers that are investments of Chilean investors.
With respect to subparagraphs (a) and (c)(i) of Article 29.4(1), the entity may provide technical support and financial services under preferential terms to small and midsize mineral producers that are investments of Chilean investors.




4. Obligations concerned:


Subparagraph (a) of Article 29.4(1)
Subparagraph (b) of Article 29.4(1)




Entity:


Empresa de Transporte de Pasajeros Metro S.A. (METRO) or its successor, its subsidiaries and affiliates.




Scope of non-conforming activities:


With respect to subparagraphs (a) and (b) of Article 29.4(1), the entity may accord preferential treatment to enterprises in the territory of Chile in up to 10 % of the total value of its annual purchases of goods and services.




5. Obligations concerned:


Subparagraph (a) of Article 29.4(1)
Subparagraph (b) of Article 29.4(1)




Entity:


Televisión Nacional de Chile (TVN) or its successor, its subsidiaries and affiliates.




Scope of non-conforming activities:


With respect to subparagraphs (a) and (b) of Article 29.4(1), the entity may accord, pursuant to laws or regulations, preferential treatment to Chilean content and products in its purchases of programming content.




6. Obligations concerned:


Subparagraph (a) of Article 29.4(1), with respect to financial services
Subparagraph (c)(i) of Article 29.4(1), with respect to financial services




Entity:


Banco del Estado de Chile (BANCO ESTADO) or its successor, its subsidiaries and affiliates.




Scope of non-conforming activities:


With respect to subparagraphs (a) and (c)(i) of Article 29.4(1), the entity may accord, pursuant to laws or regulations, preferential treatment in the supply of financial services to underserved segments of the population in Chile, provided that such financial services are not intended to displace or impede financial services provided by privately-owned enterprises from the relevant market.




7. Obligations concerned:


Subparagraph (a) of Article 29.4(1)
Subparagraph (b) of Article 29.4(1)




Entity:


All existing and future state-owned enterprises.




Scope of non-conforming activities:


With respect to subparagraphs (a) and (b) of Article 29.4(1), existing and future state-owned enterprises may accord preferential treatment to indigenous people and their communities in the purchase of goods and services.
For the purposes of this entry, indigenous people and their communities are those recognised under Law No 19.523 of the Ministry of Social Development and Family, or its successor.









ANNEX 32-A
LEGISLATION OF THE PARTIES
1.   EU PARTY
Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1), and its implementing acts.
2.   CHILE






(a)


Law No. 19.039, which establishes rules applicable to industrial privileges and protection of industrial property rights, as last amended by Law No. 21.355, which amends Law No. 19.039, on industrial property, and Law No. 20.254, which establishes the National Institute of Industrial Property.










(b)


Supreme Decree No. 236 of the Ministry of Economy, Development and Reconstruction, of 25 August 2005, approving the Regulations of Law No. 19.039, on Industrial Property.






(1)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ EU L 343, 14.12.2012, p. 1).





ANNEX 32-B
CRITERIA FOR THE OPPOSITION PROCEDURE AS REFERRED TO IN ARTICLE 32.34

1.   

List of names with the corresponding transcription into Latin characters.



2.   

The product type.



3.   
An invitation to any of the following persons having a legitimate interest to submit objections to the protection of a name by lodging a duly substantiated statement of opposition:






(a)


in the case of the EU Party, to any natural or juridical persons except those established or resident in Chile;










(b)


in the case of Chile, to any natural or juridical persons except those established or resident in a Member State.






4.   

Statements of opposition must reach the European Commission or the Government of Chile within two months of the date of publication of the publicity measure.



5.   
Statements of opposition shall be admissible only if they:






(a)


are received within the period set out in paragraph 4 and show that the protection of the name proposed would:






(i)


conflict with the name of a plant variety, including a wine grape variety or an animal breed and, therefore, is likely to mislead the consumer as to the true origin of the product;










(ii)


be a name which misleads the consumer into believing that products come from another territory;










(iii)


in the light of a trademark's reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product;










(iv)


affect the existence of an entirely or partly identical name, or the existence or distinctiveness of a trademark, or affect products which have been put in good faith on the market preceding the date of publication of the publicity measure; or














(b)


can give details indicating that the name, for which protection and registration is considered, is generic.






6.   

The criteria set out in this Annex shall be evaluated in relation to the territory of the EU Party, which, for the purposes of intellectual property rights, refers only to the territory or territories where those rights are protected, and the territory of Chile.







ANNEX 32-C
PART A
GEOGRAPHICAL INDICATIONS OF THE EU PARTY AS REFERRED TO IN ARTICLE 32.33







Country


Designation name


Product type




BELGIUM


Beurre d'Ardenne


Oils and fats (butter, margarine, etc.)




BELGIUM


Fromage de Herve


Cheeses




BELGIUM


Jambon d'Ardenne


Meat products (cooked, salted, smoked, etc.)




BELGIUM


Pâté gaumais


Baked meat pastry




BELGIUM


Plate de Florenville


Fruit, vegetables and cereals fresh or processed




BULGARIA


Българско розово масло (Bulgarsko rozovo maslo)


Essential oils




CZECHIA


Budějovické pivo
i




Beers




CZECHIA


Budějovický měšťanský var
ii




Beers




CZECHIA


České pivo


Beers




CZECHIA


Českobudějovické pivo
iii




Beers




CZECHIA


Žatecký chmel
iv




Hops




DENMARK


Danablu


Cheeses




DENMARK


Esrom


Cheeses




GERMANY


Aachener Printen


Bread, pastry, cakes, confectionary, biscuits and other baker's wares




GERMANY


Allgäuer Bergkäse


Cheeses




GERMANY


Allgäuer Emmentaler


Cheeses




GERMANY


Bayerische Breze / Bayerische Brezn / Bayerische Brez'n / Bayerische Brezel


Bread, pastry, cakes, confectionary, biscuits and other baker's wares




GERMANY


Bayerisches Bier


Beers




GEMANY


Bremer Bier


Beers




GERMANY


Dortmunder Bier


Beers




GERMANY


Dresdner Christstollen / Dresdner Stollen / Dresdner Weihnachtsstollen


Bread, pastry, cakes, confectionary, biscuits and other baker's wares




GERMANY


Holsteiner Katenschinken / Holsteiner Schinken / Holsteiner Katenrauchschinken / Holsteiner Knochenschinken


Meat products (cooked, salted, smoked, etc.)




GERMANY


Hopfen aus der Hallertau
v




Hops




GERMANY


Kölsch


Beers




GERMANY


Kulmbacher Bier


Beers




GERMANY


Lübecker Marzipan


Bread, pastry, cakes, confectionary, biscuits and other baker's wares




GERMANY


Münchener Bier


Beers




GERMANY


Nürnberger Bratwürste; Nürnberger Rostbratwürste


Meat products (cooked, salted, smoked, etc.)




GERMANY


Nürnberger Lebkuchen


Bread, pastry, cakes, confectionary, biscuits and other baker's wares




GERMANY


Schwäbische Spätzle / Schwäbische Knöpfle


Pasta




GERMANY


Schwarzwälder Schinken


Meat products (cooked, salted, smoked, etc.)




GERMANY


Tettnanger Hopfen


Hops




GERMANY


Thüringer Rostbratwurst


Meat products (cooked, salted, smoked, etc.)




IRELAND


Clare Island Salmon


Fresh fish, molluscs, and crustaceans and products derived therefrom




IRELAND


Imokilly Regato


Cheeses




GREECE


Γραβιέρα Κρήτης (Graviera Kritis)


Cheeses




GREECE


Γραβιέρα Νάξου (Graviera Naxou)


Cheeses




GREECE


Ελιά Καλαμάτας (Elia Kalamatas)


Fruit, vegetables and cereals fresh or processed




GREECE


Καλαμάτα (Kalamata)
vi




Oils and fats (butter, margarine, etc.)




GREECE


Κασέρι (Kasseri)


Cheeses




GREECE


Κεφαλογραβιέρα (Kefalograviera)


Cheeses




GREECE


Κολυμβάρι Χανίων Κρήτης (Kolymvari Chanion Kritis)


Oils and fats (butter, margarine, etc.)




GREECE


Κονσερβολιά Ροβίων (Konservolia Rovion)
vii




Fruit, vegetables and cereals fresh or processed




GREECE


Κορινθιακή Σταφίδα Βοστίτσα (Korinthiaki Stafida Vostitsa)
viii




Fruit, vegetables and cereals fresh or processed




GREECE


Κρόκος Κοζάνης (Krokos Kozanis)


Spices




GREECE


Λακωνία (Lakonia)


Oils and fats (butter, margarine, etc.)




GREECE


Λυγουριό Ασκληπιείου (Lygourio Asklipiiou)


Oils and fats (butter, margarine, etc.)




GREECE


Μανούρι (Manouri)


Cheeses




GREECE


Μαστίχα Χίου (Masticha Chiou)


Natural gums and resines




GREECE


Πεζά Ηρακλείου Κρήτης (Peza Irakliou Kritis)


Oils and fats (butter, margarine, etc.)




GREECE


Σητεία Λασιθίου Κρήτης (Sitia Lasithiou Kritis)


Oils and fats (butter, margarine, etc.)




GREECE


Φέτα (Feta)
ix




Cheeses




GREECE


Χανιά Κρήτης (Chania Kritis)


Oils and fats (butter, margarine, etc.)




SPAIN


Aceite de la Rioja


Oils and fats (butter, margarine, etc.)




SPAIN


Aceite de Terra Alta; Oli de Terra Alta


Oils and fats (butter, margarine, etc.)




SPAIN


Aceite del Baix Ebre-Montsià; Oli del Baix Ebre-Montsià


Oils and fats (butter, margarine, etc.)




SPAIN


Aceite del Bajo Aragón


Oils and fats (butter, margarine, etc.)




SPAIN


Alfajor de Medina Sidonia


Bread, pastry, cakes, confectionery, biscuits and other baker's wares




SPAIN


Antequera


Oils and fats (butter, margarine, etc.)




SPAIN


Azafrán de la Mancha


Spices




SPAIN


Baena


Oils and fats (butter, margarine, etc.)




SPAIN


Carne de Vacuno del País Vasco / Euskal Okela


Fresh meat (and offal)




SPAIN


Cecina de León


Meat products (cooked, salted, smoked, etc.)




SPAIN


Chorizo Riojano


Meat products (cooked, salted, smoked, etc.)




SPAIN


Cítricos Valencianos; Cítrics Valencians
x




Fruit, vegetables and cereals fresh or processed




SPAIN


Dehesa de Extremadura


Meat products (cooked, salted, smoked, etc.)




SPAIN


Estepa


Oils and fats (butter, margarine, etc.)




SPAIN


Guijuelo


Meat products (cooked, salted, smoked, etc.)




SPAIN


Idiazabal


Cheeses




SPAIN


Jabugo


Meat products (cooked, salted, smoked, etc.)




SPAIN


Jamón de Trevélez


Meat products (cooked, salted, smoked, etc.)




SPAIN


Jamón de Teruel / Paleta de Teruel


Meat products (cooked, salted, smoked, etc.)




SPAIN


Jijona


Bread, pastry, cakes, confectionary, biscuits and other baker's wares




SPAIN


Les Garrigues


Oils and fats (butter, margarine, etc.)




SPAIN


Los Pedroches


Meat products (cooked, salted, smoked, etc.)




SPAIN


Mahón-Menorca


Cheeses




SPAIN


Pimentón de la Vera


Spices




SPAIN


Pimentón de Murcia


Spices




SPAIN


Polvorones de Estepa


Bread, pastry, cakes, confectionary, biscuits and other baker's wares




SPAIN


Priego de Córdoba


Oils and fats (butter, margarine, etc.)




SPAIN


Queso Manchego


Cheeses




SPAIN


Queso Tetilla / Queixo Tetilla


Cheeses




SPAIN


Salchichón de Vic; Llonganissa de Vic


Meat products (cooked, salted, smoked, etc.)




SPAIN


Sidra de Asturias; Sidra d'Asturies


Cider




SPAIN


Sierra de Cádiz


Oils and fats (butter, margarine, etc.)




SPAIN


Sierra de Cazorla


Oils and fats (butter, margarine, etc.)




SPAIN


Sierra de Segura


Oils and fats (butter, margarine, etc.)




SPAIN


Sierra Mágina


Oils and fats (butter, margarine, etc.)




SPAIN


Siurana


Oils and fats (butter, margarine, etc.)




SPAIN


Sobrasada de Mallorca


Meat products (cooked, salted, smoked, etc.)




SPAIN


Ternera Asturiana


Fresh meat (and offal)




SPAIN


Ternera de Navarra; Nafarroako Aratxea


Fresh meat (and offal)




SPAIN


Ternera Gallega


Fresh meat (and offal)




SPAIN


Torta del Casar


Cheese




SPAIN


Turrón de Alicante


Bread, pastry, cakes, confectionary, biscuits and other baker's wares




SPAIN


Vinagre de Jerez


Vinegar




FRANCE


Abondance


Cheeses




FRANCE


Banon


Cheeses




FRANCE


Beaufort


Cheeses




FRANCE


Bleu d'Auvergne


Cheeses




FRANCE


Bœuf de Charolles
xi




Fresh meat (and offal)




FRANCE


Brie de Meaux


Cheeses




FRANCE


Brillat-Savarin


Cheeses




FRANCE


Camembert de Normandie


Cheeses




FRANCE


Canard à foie gras du Sud-Ouest (Chalosse, Gascogne, Gers, Landes, Périgord, Quercy)


Meat products (cooked, salted, smoked, etc.)




FRANCE


Cantal; Fourme de Cantal


Cheeses




FRANCE


Chabichou du Poitou
xii




Cheeses




FRANCE


Chaource


Cheeses




FRANCE


Comté


Cheeses




FRANCE


Crottin de Chavignol; Chavignol
xiii




Cheeses




FRANCE


Emmental de Savoie


Cheeses




FRANCE


Époisses


Cheeses




FRANCE


Fourme d'Ambert


Cheeses




FRANCE


Génisse Fleur d'Aubrac
xiv




Fresh meat (and offal)




FRANCE


Gruyère
xv




Cheeses




FRANCE


Huile d'olive de Haute-Provence


Oils and fats (butter, margarine, etc.)




FRANCE


Huile essentielle de lavande de Haute-Provence / Essence de lavande de Haute-Provence


Essential oils




FRANCE


Huîtres Marennes Oléron


Fresh fish, molluscs, and crustaceans and products derived therefrom




FRANCE


Jambon de Bayonne


Meat products (cooked, salted, smoked, etc.)




FRANCE


Lentille verte du Puy


Fruit, vegetables and cereals fresh or processed




FRANCE


Maroilles / Marolles


Cheeses




FRANCE


Morbier


Cheeses




FRANCE


Munster; Munster-Géromé


Cheeses




FRANCE


Neufchâtel


Cheeses




FRANCE


Noix de Grenoble


Fruit, vegetables and cereals fresh or processed




FRANCE


Pont-l'Évêque


Cheeses




FRANCE


Pruneaux d'Agen; Pruneaux d'Agen mi-cuits
xvi




Fruit, vegetables and cereals fresh or processed




FRANCE


Reblochon; Reblochon de Savoie


Cheeses




FRANCE


Roquefort


Cheeses




FRANCE


Sainte-Maure de Touraine
xvii




Cheeses




FRANCE


Saint-Marcellin


Cheeses




FRANCE


Saint-Nectaire


Cheeses




FRANCE


Tomme de Savoie


Cheeses




FRANCE


Tomme des Pyrénées


Cheeses




FRANCE


Veau d'Aveyron et du Ségala


Fresh meat (and offal)




FRANCE


Veau du Limousin
xviii




Fresh meat (and offal)




FRANCE


Volailles de Loué


Fresh meat (and offal)




CROATIA


Baranjski kulen


Meat products (cooked, salted, smoked, etc.)




CROATIA


Dalmatinski pršut


Meat products (cooked, salted, smoked, etc.)




CROATIA / SLOVENIA


Istarski pršut / Istrski pršut


Meat products (cooked, salted, smoked, etc.)




CROATIA


Krčki pršut


Meat products (cooked, salted, smoked, etc.)




ITALY


Aceto Balsamico di Modena


Vinegar




ITALY


Aceto balsamico tradizionale di Modena


Vinegar




ITALY


Aprutino Pescarese


Oils and fats (butter, margarine, etc.)




ITALY


Asiago


Cheeses




ITALY


Bresaola della Valtellina


Meat products (cooked, salted, smoked, etc.)




ITALY


Cantuccini Toscani / Cantucci Toscani


Bread, pastry, cakes, confectionary, biscuits and other baker's wares




ITALY


Coppa Piacentina


Meat products (cooked, salted, smoked, etc.)




ITALY


Cotechino Modena


Meat products (cooked, salted, smoked, etc.)




ITALY


Culatello di Zibello


Meat products (cooked, salted, smoked, etc.)




ITALY


Fontina


Cheeses




ITALY


Garda


Oils and fats (butter, margarine, etc.)




ITALY


Gorgonzola


Cheeses




ITALY


Grana Padano


Cheeses




ITALY


Mela Alto Adige; Südtiroler Apfel


Fruit, vegetables and cereals fresh or processed




ITALY


Mela Val di Non


Fruit, vegetables and cereals fresh or processed




ITALY


Montasio


Cheeses




ITALY


Mortadella Bologna


Meat products (cooked, salted, smoked, etc.)




ITALY


Mozzarella di Bufala Campana


Cheeses




ITALY


Pancetta Piacentina


Meat products (cooked, salted, smoked, etc.)




ITALY


Parmigiano Reggiano
xix




Cheeses




ITALY


Pasta di Gragnano


Pasta




ITALY


Pecorino Romano


Cheeses




ITALY


Pecorino Toscano


Cheeses




ITALY


Pomodoro SAN Marzano dell'Agro Sarnese-Nocerino
xx




Fruit, vegetables and cereals fresh or processed




ITALY


Prosciutto di Modena


Meat products (cooked, salted, smoked, etc.)




ITALY


Prosciutto di Norcia


Meat products (cooked, salted, smoked, etc.)




ITALY


Prosciutto di Parma


Meat products (cooked, salted, smoked, etc.)




ITALY


Prosciutto di San Daniele


Meat products (cooked, salted, smoked, etc.)




ITALY


Prosciutto Toscano


Meat products (cooked, salted, smoked, etc.)




ITALY


Provolone Valpadana


Cheeses




ITALY


Ragusano


Cheeses




ITALY


Salamini italiani alla cacciatora


Meat products (cooked, salted, smoked, etc.)




ITALY


Speck Alto Adige / Südtiroler Markenspeck / Südtiroler Speck


Meat products (cooked, salted, smoked, etc.)




ITALY


Taleggio


Cheeses




ITALY


Terra di Bari


Oils and fats (butter, margarine, etc.)




ITALY


Toscano


Oils and fats (butter, margarine, etc.)




ITALY


Veneto Valpolicella; Veneto Euganei e Berici; Veneto del Grappa


Oils and fats (butter, margarine, etc.)




ITALY


Vitellone bianco dell'Appennino Centrale


Fresh meat (and offal)




ITALY


Zampone Modena


Meat products (cooked, salted, smoked, etc.)




CYPRUS


Γλυκό Τριαντάφυλλο Αγρού (Glyko Triantafyllo Agrou)


Bread, pastry, cakes, confectionery, biscuits and other baker’s wares




CYPRUS


Λουκούμι Γεροσκήπου (Loukoumi Geroskipou)


Bread, pastry, cakes, confectionary, biscuits and other baker's wares




HUNGARY


Csabai kolbász/Csabai vastagkolbász


Meat products (cooked, salted, smoked, etc.)




HUNGARY


Gyulai kolbász / Gyulai pároskolbász


Meat products (cooked, salted, smoked, etc.)




HUNGARY


Kalocsai fűszerpaprika-őrlemény


Spices




HUNGARY


Szegedi fűszerpaprika-őrlemény / Szegedi paprika


Spices




HUNGARY


Szegedi szalámi; Szegedi téliszalámi


Meat products (cooked, salted, smoked, etc.)




NETHERLANDS


Edam Holland


Cheeses




NETHERLANDS


Gouda Holland


Cheeses




AUSTRIA


Steirischer Kren


Fruit, vegetables and cereals fresh or processed




AUSTRIA


Steirisches Kürbiskernöl


Oils and fats (butter, margarine, etc.)




AUSTRIA


Tiroler Bergkäse


Cheeses




AUSTRIA


Tiroler Graukäse


Cheeses




AUSTRIA


Tiroler Speck


Meat products (cooked, salted, smoked, etc.)




AUSTRIA


Vorarlberger Bergkäse


Cheeses




POLAND


jabłko grójeckie


Fruit, vegetables and cereals fresh or processed




PORTUGAL


Azeite de Moura


Oils and fats (butter, margarine, etc.)




PORTUGAL


Azeite do Alentejo Interior


Oils and fats (butter, margarine, etc.)




PORTUGAL


Azeites da Beira Interior (Azeite da Beira Alta, Azeite da Beira Baixa)


Oils and fats (butter, margarine, etc.)




PORTUGAL


Azeite de Trás-os-Montes


Oils and fats (butter, margarine, etc.)




PORTUGAL


Azeites do Norte Alentejano


Oils and fats (butter, margarine, etc.)




PORTUGAL


Azeites do Ribatejo


Oils and fats (butter, margarine, etc.)




PORTUGAL


Chouriça de Carne de Vinhais; Linguiça de Vinhais


Meat products (cooked, salted, smoked, etc.)




PORTUGAL


Chouriço de Portalegre


Meat products (cooked, salted, smoked, etc.)




PORTUGAL


Pêra Rocha do Oeste
xxi




Fruit, vegetables and cereals fresh or processed




PORTUGAL


Presunto de Barrancos / Paleta de Barrancos


Meat products (cooked, salted, smoked, etc.)




PORTUGAL


Queijo S. Jorge
xxii




Cheeses




PORTUGAL


Queijo Serra da Estrela


Cheeses




PORTUGAL


Queijos da Beira Baixa (Queijo de Castelo Branco, Queijo Amarelo da Beira Baixa, Queijo Picante da Beira Baixa)


Cheeses




ROMANIA


Magiun de prune Topoloveni


Fruit, vegetables and cereals fresh or processed




ROMANIA


Salam de Sibiu


Meat products (cooked, salted, smoked, etc.)




ROMANIA


Telemea de Ibăneşti


Cheeses




SLOVENIA


Kranjska klobasa


Meat products (cooked, salted, smoked, etc.)




SLOVENIA


Kraška panceta


Meat products (cooked, salted, smoked, etc.)




SLOVENIA


Kraški pršut


Meat products (cooked, salted, smoked, etc.)




SLOVENIA


Kraški zašink


Meat products (cooked, salted, smoked, etc.)




PART B
GEOGRAPHICAL INDICATIONS OF CHILE AS REFERRED TO IN ARTICLE 32.33







Country


Designation name


Product type




CHILE


SAL DE CÁHUIL – BOYERUCA LO VALDIVIA


Salt




CHILE


PROSCIUTTO DE CAPITÁN PASTENE


Cured ham




CHILE


LIMÓN DE PICA


Lemons




CHILE


LANGOSTA DE JUAN FERNÁNDEZ


Lobsters




CHILE


ATÚN DE ISLA DE PASCUA


Tuna – Fish/Fish fillets/Live fish




CHILE


CANGREJO DORADO DE JUAN FERNÁNDEZ


Crab – Live/Not live




CHILE


CORDERO CHILOTE


Lamb meat




CHILE


DULCES DE LA LIGUA


Pastries




CHILE


MAÍZ LLUTEÑO


Corn




CHILE


SANDÍA DE PAINE


Watermelon




CHILE


ACEITUNAS DE AZAPA


Preserved/Fresh olives




CHILE


ORÉGANO DE LA PRECORDILLERA DE PUTRE


Spices




CHILE


TOMATE ANGOLINO


Tomatoes




CHILE


DULCES DE CURACAVÍ


Pastries




CHILE


ACEITE DE OLIVA DEL VALLE DEL HUASCO


Olive oil




CHILE


PUERRO AZUL DE MAQUEHUE


Leeks




CHILE


SIDRA DE PUNUCAPA


Cider




CHILE


CHICHA DE CURACAVÍ


Fermented beverage




Explanatory notes:








i




Protection of the geographical indication ‘Budějovické pivo’ is only sought in the Czech language.












ii




Protection of the geographical indication ‘Budějovický měšťanský var’ is only sought in the Czech language.












iii




Protection of the geographical indication ‘Českobudějovické pivo’ is only sought in the Czech language.












iv




The varietal name ‘saaz’ may continue to be used on similar products, provided that those products are not commercialised by using references (graphics, names, pictures or flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the consumer is not misled as to the nature of such term or the precise origin of the product and that the use of that term does not constitute an act of unfair competition with regard to the geographical indication.












v




The varietal name ‘hallertau’ may continue to be used on similar products, provided that those products are not commercialised by using references (graphics, names, pictures or flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the consumer is not misled as to the nature of such term or the precise origin of the product and that the use of that term does not constitute an act of unfair competition with regard to the geographical indication.












vi




The varietal name ‘kalamon’ may continue to be used on similar products, provided that those products are not commercialised by using references (graphics, names, pictures or flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the consumer is not misled as to the nature of such term or the precise origin of the product and that the use of that term does not constitute an act of unfair competition with regard to the geographical indication.












vii




The varietal name ‘konservolia’ may continue to be used on similar products, provided that these products are not commercialised by using references (graphics, names, pictures or flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the consumer is not misled as to the nature of such term or the precise origin of the product and that the use of that term does not constitute an act of unfair competition with regard to the geographical indication.












viii




The varietal name ‘pasa de corinto’ may continue to be used on similar products, provided that those products are not commercialised by using references (graphics, names, pictures or flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the consumer is not misled as to the nature of such term or the precise origin of the product and that the use of that term does not constitute an act of unfair competition with regard to the geographical indication.












ix




The protection of the geographical indication ‘Φέτα (Feta)’ shall not prevent the continued and similar use of the term ‘Feta’ by any persons, including their successors and assignees, for a maximum of six years from the date of entry into force of this Agreement, provided that at the date of entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Chile. Within that period, the use of the term ‘Feta’ must be accompanied with a legible and visible indication of the geographical origin of the product concerned.












x




The varietal name ‘Valencia’ may continue to be used on similar products, provided that those products are not commercialised by using references (graphics, names, pictures or flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the consumer is not misled as to the nature of such term or the precise origin of the product and that the use of that term does not constitute an act of unfair competition with regard to the geographical indication.












xi




The protection of the geographical indication ‘Bœuf de Charolles’ shall not prevent users of the term ‘Charolesa’ in the territory of Chile, indicating a product derived from the animal breed, from continuing to use that term, provided that those products are not commercialised by using references (graphics, names, pictures or flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the use of the name of the animal breed does not mislead the consumers or constitute an act of unfair competition with regard to the geographical indication.












xii




Protection is only sought for the compound term.












xiii




Protection is only sought for the compound term.












xiv




The protection of the geographical indication ‘Génisse Fleur d'Aubrac’ shall not prevent users of the term ‘Aubrac’ in the territory of Chile, indicating a product derived from the animal breed, from continuing to use that term, provided that those products are not commercialised by using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the use of the name of the animal breed does not mislead the consumers or constitute an act of unfair competition with regard to the geographical indication.












xv




The protection of the geographical indication ‘Gruyère’ shall not prevent prior users, listed in Appendix 32-C-2, of the term ‘Gruyère/Gruyere’ in the territory of Chile, which had been using that term in good faith and with recurrent presence on the market within 12 months before the conclusion of negotiations of this Agreement on 9 December 2022, from continuing to use that term, provided that those products are not commercialised by using references (e.g. graphics, names, pictures or flags) to the genuine origin of ‘Gruyère’ and are differentiated from ‘Gruyère’ in a non-ambiguous manner as regards the origin, and provided that the term is displayed in a font character that, while being readable, is substantially smaller than the brand name, and is differentiated from it in a non-ambiguous manner as regards the origin of the product. The designation ‘Gruyère’ refers, within the territory of the European Union, to two homonymous geographical indications, respectively in respect of a Swiss and a French cheese. The EU Party shall not oppose a possible application aiming at the protection of the said Swiss homonymous geographical indication in Chile.












xvi




The name ‘d'Agen’ may continue to be used as a variety for fresh plums and plum-trees, provided that those products are not commercialised by using references (e.g. graphics, names, pictures or flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the consumer is not misled as to the nature of such term or the precise origin of the product and that the use of that term does not constitute an act of unfair competition with regard to the geographical indication.












xvii




Protection is only sought for the multicomponent term.












xviii




The protection of the geographical indication ‘Veau du Limousin’ shall not prevent users of the term ‘Limousin’ in the territory of Chile, indicating a product derived from the animal breed, from continuing to use that term, provided that those products are not commercialised by using references (graphics, names, pictures or flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the use of the name of the animal breed does not mislead the consumers or constitute an act of unfair competition with regard to the geographical indication.












xix




The protection of the geographical indication ‘Parmigiano Reggiano’ shall not prevent prior users, listed in Appendix 32-C-2, of the term ‘Parmesano’ in the territory of Chile, which had been using that term in good faith and with recurrent presence on the market within 12 months before the conclusion of negotiations of this Agreement on 9 December 2022, from continuing to use that term, provided that those products are not commercialised by using references (e.g. graphics, names, pictures or flags) to the genuine origin of ‘Parmigiano Reggiano’ and are differentiated from ‘Parmigiano Reggiano’ in a non-ambiguous manner as regards the origin, and provided that the term is displayed in a font character that, while being readable, is substantially smaller than the brand name, and is differentiated from it in a non-ambiguous manner as regards the origin of the product.












xx




The varietal name ‘San Marzano’ may continue to be used as a variety for fresh tomatoes and tomato plants, provided that those products are not commercialised by using references (graphics, names, pictures or flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the consumer is not misled as to the nature of such term or the precise origin of the product and that the use of that term does not constitute an act of unfair competition with regard to the geographical indication.












xxi




The varietal name ‘Pêra Rocha’ may continue to be used on similar products, provided that those products are not commercialised by using references (e.g. graphics, names, pictures or flags) to the genuine origin of the geographical indication or by exploiting the reputation of the geographical indication, and provided that the consumer is not misled as to the nature of such term or the precise origin of the product and that the use of that term does not constitute an act of unfair competition with regard to the geographical indication.












xxii




The protection of the term ‘Queijo S. Jorge’ shall not restrict the use of the term ‘San Jorge’ in Chile as an existing registered trademark, provided that such use does not mislead the consumer as to the origin of the product. The term ‘Queijo S. Jorge’ should only be used as a multicomponent term, and in combination with an indication of its origin and a brand name.







Appendix 32-C-1
LIST OF INDIVIDUAL COMPONENTS AS REFERRED TO IN ARTICLE 32.35(9)
For listed geographical indications of the EU Party:
As regards the list of geographical indications of the EU Party set out in Part A of Annex 32-C, the protection provided in accordance with Article 32.35 of this Agreement is not sought in respect of the following individual terms, which are components of a multicomponent term that is protected as a geographical indication:

            ‘aceite’, ‘Aceto balsamico’, ‘tradizionale’, ‘aceto’, ‘alfajor’, ‘alla cacciatora’, ‘amarelo’, ‘Apfel’, ‘azafran’, ‘azeite’, ‘azeites’, ‘Bayrische’, ‘Bergkäse’, ‘beurre’, ‘Bier’, ‘bleu’, ‘boeuf’, ‘Bratwürste’, ‘Bresaola’, ‘Breze’, ‘Brezn’, ‘Brez'n’, ‘Brezel’, ‘brie’, ‘camembert’, ‘Canard à foie gras’, ‘cantucci’, ‘cantuccini’, ‘carne’, ‘carne de vacuno’, ‘cecina’, ‘chmel’, ‘chorizo’, ‘chouriça de carne’, ‘chouriço’, ‘Christstollen’, ‘citricos’, ‘citrics’, ‘coppa’, ‘cotechino’, ‘culatello’, ‘dehesa’, ‘edam’, ‘emmental’, ‘Emmentaler’, ‘Ελιά (Elia)’, ‘Essence de lavande’, ‘fromage’, ‘fűszerpaprika-őrlemén’, ‘génisse’, ‘Γλυκό Τριαντάφυλλο’ (Glyko Triantafyllo), ‘gouda’, ‘Graukäse’, ‘graviera’, ‘Hopfen’, ‘huile d'olive’, ‘huile essentielle de lavande’, ‘huîtres’, ‘island’, ‘jabłko’, ‘jambon’, ‘Katenrauchschinken’, ‘Katenschinken’, ‘klobasa’, ‘Knochenschinken’, ‘Knöpfle’, ‘kolbász’, ‘Kren’, ‘Κρόκος’ (Krokos), ‘kulen’, ‘Kürbiskernöl’, ‘Lebkuchen’, ‘lentille’, ‘lentille verte’, ‘linguiça’, ‘llonganissa’, ‘Λουκούμι’ (Loukoumi), ‘magiun de prune’, ‘Markenspeck’, ‘Marzipan’, ‘mela’, ‘mortadella’, ‘mozzarella’, ‘mozzarella di bufala’, ‘noix’, ‘oli’, ‘paleta’, ‘panceta’, ‘pancetta’, ‘paprika’, ‘pároskolbász’, ‘pasta’, ‘paté’, ‘pecorino’, ‘pêra’, ‘pimentòn’, ‘picante’, ‘pivo’, ‘plate’, ‘polvorones’, ‘pomodoro’, ‘presunto’, ‘prosciutto’, ‘provolone’, ‘pruneaux mi-cuits’,‘pruneaux’,‘priego’, ‘Printen’, ‘pršut’, ‘prune’, ‘queijo’, ‘queijos’, ‘queixo’, ‘queso’, ‘розово масло’ (rozovo maslo), ‘Rostbratwurst’, ‘salam’, ‘salamini’, ‘salchichón’, ‘salmon’, ‘Schinken’, ‘sidra’, ‘sierra’, ‘sobrasada’, ‘Spätzle’, ‘Speck’, ‘Σταφίδα’ (Stafida), ‘Stollen’, ‘szalámi’, ‘telemea’, ‘Téliszalámi’, ‘ternera’, ‘terra’, ‘tomme’, ‘torta’, ‘turrón’, ‘vastagkolbász’, ‘var’, ‘veau’, ‘vinagre’, ‘vitellone bianco’, ‘volailles’, ‘Weihnachtsstollen’, ‘zampone’, ‘zašink’.
For listed geographical indications of Chile:
As regards the list of geographical indications of Chile set out in Part B of Annex 32-C, the protection provided in accordance with Article 32.35 of this Agreement is not sought in respect of the following individual terms, which are components of a multicomponent term that is protected as a geographical indication:

            ‘aceite’, ‘aceitunas’, ‘atún’, ‘cangrejo’, ‘chicha’, ‘cordero’, ‘dulces’, ‘isla’, ‘langosta’, ‘limón’, ‘maíz’, ‘oregano’, ‘prosciutto’, ‘puerro’, ‘sal’, ‘sandía’, ‘sidra’, ‘tomate’.




Appendix 32-C-2
LIST OF PRIOR USERS
Parmesano






—


AGRÍCOLA Y LÁCTEOS LAS VEGAS S.A.










—


AGROCOMERCIAL CODIGUA SPA










—


ALVI SUPERMERCADOS MAYORISTAS S.A.










—


ALTAS CUMBRES GROUP SPA










—


ARTHUR SCHUMAN INC.










—


BODEGA GOURMET SPA










—


CASO Y CIA SAC










—


CENCOSUD S.A.










—


COMERCIAL DE CAMPO S.A.










—


CONAPROLE










—


COOPERATIVA AGRÍCOLA Y LECHERA DE LA UNIÓN LTDA.










—


ELABORADORA DE ALIMENTOS GOURMET LIMITADA










—


HIPERMERCADOS TOTTUS S.A.










—


LACTEOS KUMEY SPA










—


PRODUCTOS FERNANDEZ S.A.










—


QUILLAYES SURLAT COMERCIAL SPA










—


REMOTTI S.A.










—


RENDIC HERMANOS S.A.










—


SCHREIBER FOODS










—


SOPROLE INVERSIONES S.A.










—


SUPER 10 S.A.










—


VIVAFOODS SPA










—


WALMART CHILE S.A.




Gruyere/Gruyère






—


AGRICOLA Y LACTEOS LAS VEGAS S.A.










—


BODEGA GOURMET SPA










—


COMERCIAL DE CAMPO S.A.










—


QUESERÍA PETITE FRANCE LIMITADA










—


QUILLAYES SURLAT COMERCIAL SPA










—


SANTA ROSA CHILE ALIMENTOS LTDA.










ANNEX 38-A
RULES OF PROCEDURE
I.   Definitions








1.


For the purposes of this Annex:






(a)


‘administrative staff’ means, in respect of a panellist, individuals under the direction and control of a panellist, other than assistants;










(b)


‘adviser’ means an individual retained by a Party to advise or assist that Party in connection with the panel proceedings;










(c)


‘assistant’ means an individual who, under the terms of appointment and under the direction and control of a panellist, conducts research or provides assistance to that panellist; and










(d)


‘representative of a Party’ means an employee or any individual appointed by a government department, agency or any other public entity of a Party who represents the Party for the purposes of a dispute under Chapter 38.








II.   Notifications








2.


Any request, notice, written submission or other document of:






(a)


the panel shall be sent to both Parties at the same time;










(b)


a Party, which is addressed to the panel, shall be copied to the other Party at the same time; and










(c)


a Party, which is addressed to the other Party, shall be copied to the panel at the same time, as appropriate.
















3.


Any notification referred to in Rule 2 shall be made by e-mail or, where appropriate, any other means of telecommunication that provides a record of the sending thereof. Unless proven otherwise, such notification shall be deemed to be delivered on the date of its sending.












4.


All notifications shall be addressed, for the EU Party, to the Directorate-General for Trade of the European Commission and, for Chile, to the Undersecretariat of International Economic Relations, or their successors, respectively.












5.


Minor errors of a clerical nature in a request, notice, written submission or other document related to the panel proceedings may be corrected by delivery of a new document clearly indicating the changes.












6.


If the last day for delivery of a document falls on a non-working day of the European Commission or of Chile, the time period for the delivery of the document shall end on the first following working day.




III.   Appointment of panellists








7.


If pursuant to Article 38.6 a panellist or a chairperson is selected by lot, the co-chair of the Joint Committee of the complaining Party shall promptly inform the co-chair of the Party complained against of the date, time and venue of the selection by lot. The Party complained against may, if it so chooses, be present during the selection by lot. In any event, the selection by lot shall be carried out with the Party or Parties that are present.












8.


The co-chair of the Joint Committee of the complaining Party shall notify, in writing, each individual who has been selected to serve as a panellist of their appointment. Each individual shall confirm their availability to the Parties within five days after the date on which they were informed of their appointment.












9.


The co-chair of the Joint Committee of the complaining Party shall select by lot the panellist or chairperson, within five days after the expiry of the time period provided for in Article 38.6(2), if any of the sub-lists referred to in Article 38.8(1):






(a)


is not established – from the individuals who have been formally proposed by one or both Parties for the establishment of that particular sub-list; or










(b)


no longer contains at least five individuals – from the individuals who remain on that particular sub-list.
















10.


The Parties shall endeavour to ensure that, at the latest by the time when all the panellists have notified the Parties of the acceptance of their appointment in accordance with Article 38.6(5), they have agreed on the remuneration and the reimbursement of expenses of the panellists and assistants, and have prepared the necessary appointment contracts, with a view to having them signed promptly. The remuneration and expenses of the panellists shall be based on WTO standards. The remuneration and expenses of one or more assistants of a panellist shall not exceed 50 % of the remuneration of the panellist that they assist.




IV.   Organisational meeting








11.


Unless the Parties agree otherwise, they shall meet the panel within seven days of the establishment of the panel in order to determine such matters that the Parties or the panel deem appropriate, including the timetable of the panel proceedings. Panellists and representatives of the Parties may take part in this meeting through any means, including telephone or video conference.




V.   Written submissions








12.


The complaining Party shall deliver its written submission no later than 20 days after the date of establishment of the panel. The Party complained against shall deliver its written submission no later than 20 days after the date of delivery of the written submission of the complaining Party.




VI.   Operation of the panel








13.


The chairperson of the panel shall preside over all its meetings. Further to Rules 17 and 18, the panel may delegate to the chairperson the authority to make administrative or procedural decisions.












14.


Unless otherwise provided in Chapter 38 or in this Annex, the panel may conduct its activities by any means, including telephone, video conference or other electronic means of communication.












15.


Only panellists may take part in the deliberations of the panel, but the panel may permit the assistants of the panellists to be present at its deliberations.












16.


The drafting of any decision and report shall remain the exclusive responsibility of the panel and shall not be delegated.












17.


If a procedural question arises that is not covered by Chapter 38, this Annex or Annex 38-B, the panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with the provisions of Chapter 38, this Annex or Annex 38-B.












18.


If the panel considers that there is a need to modify any of the time periods for the proceedings other than the time periods set out in Chapter 38 or to make any other procedural or administrative adjustment, it shall inform the Parties in writing of the modification of the time period or any other procedural or administrative adjustment needed and the reasons therefor. The panel may adopt such modification or adjustment after consultation with the Parties.




VII.   Replacement








19.


If a Party considers that a panellist does not comply with the requirements of Annex 38-B and for that reason should be replaced, that Party shall notify the other Party within 15 days after the date on which it obtained sufficient evidence of the panellist's alleged failure to comply with the requirements of Annex 38-B.












20.


The Parties shall consult with each other within 15 days after the notification referred to in Rule 19. They shall inform the panellist of their alleged failure and they may request the panellist to take steps to remedy the failure. The Parties may also agree to remove the panellist and select a new panellist in accordance with Article 38.6.












21.


If, pursuant to Rule 20, the Parties fail to agree on the need to replace a panellist, other than the chairperson of the panel, either Party may refer this matter to the chairperson of the panel, whose decision shall be final. If the chairperson of the panel finds that the panellist does not comply with the requirements of Annex 38-B, the panellist shall be removed and replaced by a new panellist selected in accordance with Article 38.6.












22.


If, pursuant to Rule 20, the Parties fail to agree on the need to replace the chairperson of the panel, either Party may request to refer this matter to one of the remaining individuals on the sub-list of chairpersons established pursuant to subparagraph (c) of Article 38.8(1). The co-chair of the Joint Committee of the requesting Party, or that co-chair's delegate, shall draw the name of that individual by lot. The decision by the selected individual on the need to replace the chairperson shall be final. If this selected individual finds that the chairperson does not comply with the requirements of Annex 38-B, a new chairperson shall be selected in accordance with Article 38.6.




VIII.   Hearings








23.


Based upon the timetable determined pursuant to Rule 11, after consulting with the Parties and the other panellists, the chairperson of the panel shall notify the Parties of the date, time and venue of the hearing. That information shall be made publicly available by the Party in the territory of which the hearing takes place, unless the hearing is closed to the public.












24.


Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Chile and in Santiago if the complaining Party is the EU Party. The Party complained against shall bear the expenses derived from the logistical administration of the hearing. In duly justified circumstances and on request of a Party, the panel may decide to hold a virtual or hybrid hearing and make appropriate arrangements, after consulting the Parties, taking into account the rights of due process and the need to ensure transparency.












25.


The panel may convene additional hearings if the Parties so agree.












26.


All panellists shall be present during the entirety of the hearing.












27.


Unless the Parties agree otherwise, the following persons may attend the hearing, irrespective of whether the hearing is open to the public or not:






(a)


representatives of a Party;










(b)


advisers;










(c)


assistants and administrative staff;










(d)


interpreters, translators and stenographers of the panel; and










(e)


experts, as decided by the panel pursuant to Article 38.22(2).
















28.


No later than five days before the date of a hearing, each Party shall deliver to the panel and to the other Party a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives and advisers who will be attending the hearing.












29.


The panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time in both argument and rebuttal argument:






(a)


Argument:






(i)


argument of the complaining Party;










(ii)


argument of the Party complained against.














(b)


Rebuttal argument:






(i)


reply of the complaining Party;










(ii)


counter-reply of the Party complained against.




















30.


The panel may direct questions to either Party at any time during the hearing.












31.


The panel shall arrange for a recording of the hearing to be prepared and delivered to the Parties as soon as possible after the hearing.












32.


Each Party may deliver a supplementary written submission concerning any matter that arose during the hearing within 10 days after the date of the hearing.




IX.   Questions in writing








33.


The panel may at any time during the proceedings submit questions in writing to one or both Parties. Any questions submitted to one Party shall be copied to the other Party.












34.


Each Party shall provide the other Party with a copy of its responses to the questions submitted by the panel. The other Party shall have an opportunity to provide comments in writing on the Party's responses within five days after the delivery of such copy.




X.   Confidentiality








35.


Each Party and the panel shall treat as confidential any information submitted by the other Party to the panel which that other Party has designated as confidential. When a Party submits to the panel a written submission which contains confidential information, it shall also provide, within 15 days, a submission without the confidential information which shall be disclosed to the public.












36.


Nothing in this Annex shall preclude a Party from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other Party, it does not disclose any information designated by the other Party as confidential.












37.


The panel hearings shall be held in closed session when the submission or arguments of a Party contains confidential information. The Parties shall maintain the confidentiality of the panel hearings when the hearings are held in closed session.




XI.   Ex parte contacts








38.


The panel shall not meet or communicate with a Party in the absence of the other Party.












39.


A panellist shall not discuss any aspect of the subject matter of the proceedings with one Party or both Parties in the absence of the other panellists.




XII.   Amicus curiae submissions








40.


Unless the Parties agree otherwise within five days after the date of the establishment of the panel, the panel may receive unsolicited written submissions from natural persons of a Party or juridical persons established in the territory of a Party that are independent from the governments of the Parties, provided that they:






(a)


are received by the panel within 10 days after the date of the establishment of the panel;










(b)


are concise and in no case longer than 15 pages, including any annexes, typed at double space;










(c)


are directly relevant to a factual or a legal issue under consideration by the panel;










(d)


contain a description of the person making the submission, including for a natural person their nationality and for a juridical person its place of establishment, the nature of its activities, its legal status, general objectives and its source of financing;










(e)


specify the nature of the interest that the person has in the panel proceedings; and










(f)


are drafted in the languages chosen by the Parties in accordance with Rules 44 and 45.
















41.


The submissions shall be delivered to the Parties by the panel for their comments. The Parties may submit comments, within 10 days after the delivery, to the panel.












42.


The panel shall list in its report all the submissions it has received pursuant to Rule 40. The panel shall not be obliged to address in its report the arguments made in such submissions. However, if it does, it shall also take into account any comments made by the Parties pursuant to Rule 41.




XIII.   Urgent cases








43.


If the case concerns a matter of urgency as referred to in Article 38.12, the panel, after consulting the Parties, shall adjust, as appropriate, the time periods referred to in this Annex. The panel shall notify the Parties of those adjustments.




XIV.   Working language and translations








44.


During the consultations referred to in Article 38.4, and no later than the date of the organisational meeting referred to in Rule 11 of this Annex, the Parties shall endeavour to agree on a common working language for the proceedings before the panel.












45.


If the Parties are unable to agree on a common working language, each Party shall make its written submissions in its chosen language. Each Party shall provide at the same time a translation in the language chosen by the other Party, unless its submissions are written in one of the working languages of the WTO. The Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by the Parties.












46.


Panel reports and decisions shall be issued in the languages chosen by the Parties. If the Parties have not agreed on a common working language, the interim and final report of the panel shall be issued in one of the working languages of the WTO.












47.


A Party may provide comments on the accuracy of the translation of any translated version of a document drawn up in accordance with this Annex.












48.


Each Party shall bear the costs of the translation of its written submissions. Any costs incurred for translation of reports and decisions of the panel shall be borne equally by the Parties.




XV.   Special time periods








49.


The time periods laid down in this Annex shall be adjusted in line with the special time periods provided for in Articles 38.15 to 38.18 for the adoption of a report or decision by the panel in the proceedings under those Articles.









ANNEX 38-B
CODE OF CONDUCT FOR PANELLISTS AND MEDIATORS
I.   Definitions








1.


For the purposes of this Annex:






(a)


‘administrative staff’ means, in respect of a panellist, individuals under the direction and control of a panellist, other than assistants;










(b)


‘assistant’ means an individual who, under the terms of appointment and under the direction and control of a panellist, conducts research or provides assistance to that panellist; and










(c)


‘candidate’ means an individual whose name is on the list of panellists referred to in Article 38.8 and who is under consideration for selection as a panellist pursuant to Article 38.6.








II.   Governing principles








2.


In order to preserve the integrity and impartiality of the dispute settlement mechanism, each candidate and panellist shall:






(a)


get acquainted with this Code of Conduct;










(b)


be independent and impartial;










(c)


avoid direct or indirect conflicts of interests;










(d)


avoid impropriety and the appearance of impropriety or bias;










(e)


observe high standards of conduct; and










(f)


not be influenced by self-interest, outside pressure, political considerations, public clamour or loyalty to a Party or fear of criticism.
















3.


A panellist shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of their duties.












4.


A panellist shall not use their position on the panel to advance any personal or private interests. A panellist shall avoid actions that may create the impression that others are in a special position to influence them.












5.


A panellist shall not allow past or existing financial, business, professional, personal or social relationships or responsibilities to influence their conduct or judgement.












6.


A panellist shall avoid entering into any relationship or acquiring any financial interest that is likely to affect their impartiality, or that might reasonably create an appearance of impropriety or bias.




III.   Disclosure obligations








7.


A candidate requested to serve as a panellist pursuant to Article 38.6 shall, prior to the acceptance of their appointment, disclose any interest, relationship or matter that is likely to affect their independence or impartiality, or that might reasonably create an appearance of impropriety or bias in the proceedings. To that end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships or matters, including financial, professional, employment or family interests.












8.


The disclosure obligation set out in paragraph 7 is a continuing duty which requires a panellist to disclose any such interests, relationships or matters that may arise during any stage of the proceedings.












9.


A candidate or a panellist shall communicate to the Joint Committee for consideration by the Parties any matters concerning actual or potential violations of this Annex at the earliest time they become aware of them.




IV.   Duties of panellists








10.


Upon acceptance of their appointment, a panellist shall be available to perform and shall perform their duties thoroughly and expeditiously throughout the proceedings and with fairness and diligence.












11.


A panellist shall consider only the issues raised in the proceedings and necessary for a decision and shall not delegate this duty to any other person.












12.


A panellist shall take all appropriate steps to ensure that their assistants and administrative staff are aware of, and comply with, the obligations of panellists set out in Parts II, III, IV and VI of this Annex.




V.   Obligations of former panellists








13.


A former panellist shall avoid actions that may create the appearance that they were biased in carrying out the duties or derived advantage from the decision of the panel.












14.


A former panellist shall comply with the obligations set out in Part VI of this Annex.




VI.   Confidentiality








15.


A panellist shall not disclose, at any time, any non-public information concerning the proceedings or acquired during the proceedings for which they have been appointed. A panellist shall not, in any case, disclose or use such information to gain personal advantage or advantage for others or to adversely affect the interest of others.












16.


A panellist shall not disclose a decision of the panel or parts thereof prior to its publication in accordance with Chapter 38.












17.


A panellist shall not, at any time, disclose the deliberations of a panel, or any panellist's view, nor make any statements on the proceedings for which they have been appointed, or on the issues in dispute in the proceedings.




VII.   Expenses








18.


Each panellist shall keep a record and render a final account of the time devoted to the proceedings and of their expenses, as well as the time and expenses of their assistants and administrative staff.




VIII.   Mediators








19.


This Annex applies to mediators, mutatis mutandis.










PROTOCOL TO THE ADVANCED FRAMEWORK AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF CHILE, OF THE OTHER PART ON THE PREVENTION OF AND FIGHT AGAINST CORRUPTION




SECTION I



GENERAL PROVISIONS



Article 1

Objectives


1.   The Parties affirm their commitment to prevent and fight corruption in international trade and investment and recall that corruption undermines good governance and economic development and distorts international competitive conditions.


2.   The Parties recognise that corruption can affect trade as it may compromise market access opportunities and erode commitments aimed at creating a level playing field. Corruption also affects investors and enterprises seeking to participate in trade and investment.


3.   The Parties recognise that corruption is a transnational issue and is linked to other forms of transnational and economic crime, including money laundering, and should be addressed with a multi-disciplinary approach and close cooperation at international level.


4.   The Parties recognise the need to build integrity and enhance transparency within both the public and private sectors and recognise that each sector has complementary responsibilities in respect of fighting corruption.


5.   The Parties recognise the importance of the work carried out by international and regional organisations, including the UN, WTO, OECD, the Financial Action Task Force (FATF), the Council of Europe, and the Organization of American States (OAS), to prevent and fight against corruption in matters affecting international trade and investment and, therefore, commit to work jointly in order to encourage and support appropriate initiatives.


6.   The Parties reiterate their shared commitment under Sustainable Development Goal 16 to substantially reduce corruption and bribery in all their forms.


7.   The Parties recognise the important work undertaken by the G20 Anti-Corruption Working Group.


8.   The objective of this Protocol is to set a bilateral framework of commitments to combat and prevent corruption affecting trade and investment in the relationship between the Parties.


9.   The Parties recognise that the description of offences adopted or maintained in accordance with this Protocol, and of the applicable legal defences or legal principles controlling the lawfulness of conduct, is reserved to the law of each Party, and that those offences shall be prosecuted and punished in accordance with the law of each Party.



Article 2

Scope

This Protocol applies to corruption affecting matters covered by Part III of this Agreement.


Article 3

Relation to other agreements

Nothing in this Protocol shall affect the rights or obligations of the Parties under any other treaties, such as the United Nations Convention against Corruption (UNCAC), the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, adopted at Paris on 21 November 1997, the Inter-American Convention Against Corruption, adopted at Caracas on 29 March 1996, and relevant legal instruments adopted by the Council of Europe.




SECTION II



MEASURES TO COMBAT CORRUPTION



Article 4

Active and passive bribery of public officials

The Parties recognise the importance of fighting active and passive bribery of public officials affecting trade and investment. To that end, the Parties reaffirm, in particular, their commitments under Articles 15 and 16 of the UNCAC to adopt or maintain such legislative and other measures as may be necessary to establish the active and passive bribery of public officials and the active bribery of foreign public officials and officials of public international organisations as criminal offences, when committed intentionally. The Parties also reaffirm their commitment to consider adopting such legislative and other measures as may be necessary to establish passive bribery of foreign public officials and officials of public international organisations as criminal offences, when committed intentionally.


Article 5

Active and passive bribery in the private sector


1.   The Parties recognise the importance of fighting active and passive bribery affecting trade and investment in the private sector. To that end, the Parties reaffirm their commitments under Article 21 of the UNCAC to consider adopting such legislative and other measures as may be necessary to establish as criminal offences active and passive bribery in the private sector, when committed intentionally in the course of economic, financial or commercial activities.


2.   The Parties recognise the harmful effects of facilitation payments to public officials, as they undermine efforts to combat corruption and incentivise bribery. To that end, the Parties reaffirm their commitments under paragraph 4 of Article 12 of the UNCAC to disallow the tax deductibility of expenses that constitute bribes and, if appropriate, other expenses incurred in furtherance of corrupt conduct.



Article 6

Corruption and money laundering

The Parties, recognising the interlinkage between corruption and money laundering, reaffirm their commitments under Article 23 of the UNCAC.


Article 7

Liability of juridical persons

The Parties recognise that establishing the liability of juridical persons and ensuring availability of effective, proportionate and dissuasive criminal or non-criminal sanctions are necessary to advance the global fight against corruption in international trade and investment. To that end, the Parties reaffirm their commitments under Article 26 of the UNCAC.




SECTION III



MEASURES TO PREVENT CORRUPTION IN THE PRIVATE SECTOR



Article 8

Responsible business conduct


1.   The Parties recognise the importance of preventive measures and responsible business conduct in averting corruption, including financial and non-financial reporting obligations and corporate social responsibility practices.


2.   The Parties recognise the necessity of taking into account the needs and constraints of small and medium-sized enterprises when considering measures under paragraph 1.


3.   The Parties recall their support to the OECD Guidelines for Multinational Enterprises in relation to anti-corruption.



Article 9

Financial reporting


1.   In line with their commitments under the UNCAC, the Parties recognise the importance of enhancing accounting and auditing standards in the private sector as a way of preventing corruption.


2.   Each Party shall consider in particular the following measures to achieve that objective:






(a)


encouraging private enterprises, taking into account their structure and size, and in particular the specific needs of small and medium-sized enterprises, to implement measures to assist in the prevention and detection of acts of corruption; such measures may include compliance with a corporate governance code, internal audit function or sufficient internal controls; and










(b)


requiring that the accounts and financial statements of such private enterprises are subject to appropriate auditing and certification procedures.






3.   Each Party shall take such measures as may be necessary, in accordance with its laws and regulations, on the disclosure of financial statements and maintenance of accounting and auditing standards.


4.   Each Party should consider adopting or maintaining measures encouraging external auditors to report to the competent authorities any acts they suspect may constitute an offence specified in Articles 4, 5 and 6. If such reporting is required in accordance with its law, the Party shall ensure that the external auditors making such reports reasonably and in good faith are protected from legal action regarding breaches of any contractual or legal restriction on disclosure of information.



Article 10

Transparency in the private sector


1.   The Parties recognise that transparency can contribute to deterring corruption affecting trade and investment and, to that end, recall their commitments under paragraph 2 of Article 12 of the UNCAC, in particular in respect of the following measures that could achieve the objective of ensuring greater transparency in the private sector involved in commercial activities relating to trade and investment under Part III of this Agreement:






(a)


promoting the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for the correct, honourable and proper performance of business activities and activities of all relevant professions and the prevention of conflicts of interest, and for the promotion of the use of good commercial practices among businesses and in the contractual relations of businesses with public authorities;










(b)


preventing the misuse of procedures that regulate private entities, including procedures regarding subsidies and licences granted by public authorities for commercial activities; and










(c)


promoting measures to prevent conflicts of interest by imposing restrictions, as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions performed or supervised by those public officials during their tenure of office.






2.   Each Party shall encourage listed enterprises, banks and insurance companies to report on the measures they have taken to prevent and fight corruption. Each Party shall take such measures as may be necessary on the disclosure of such reports.



Article 11

Measures to prevent money laundering


1.   Recognising the importance of preventing money laundering and its potential impact on trade and investment, the Parties confirm their commitment to adopt or maintain a comprehensive domestic regulatory and supervisory regime for financial institutions and designated non-financial business and professions (‘DNFBPs’) in accordance with existing commitments under the UNCAC and the Recommendations of the FATF. The Parties shall promote the implementation of the FATF Recommendations 24 on the Transparency and Beneficial Ownership of Legal Persons and 25 on the Transparency and Beneficial Ownership of Legal Arrangements.


2.   In accordance with the commitments, Recommendations and principles referred to in paragraph 1, a Party shall maintain or adopt measures that:






(a)


ensure that its laws and regulations include a definition of ‘beneficial owner’ that covers natural persons who ultimately own or control a customer and natural persons on whose behalf a transaction is being conducted; it shall also include those persons who exercise ultimate effective control over a juridical person or legal arrangement;










(b)


ensure that corporate or other legal entities incorporated within its territory are required to obtain and hold adequate, accurate and current information on their beneficial ownership, including the details of the beneficial interests held;










(c)


ensure that trustees of express trusts maintain adequate, accurate and current beneficial ownership information, including of settlors, the protector, if any, trustees and beneficiaries or class of beneficiaries, and any other natural person exercising ultimate effective control over the trust; these measures should also apply to other legal arrangements with a structure or function similar to express trusts;










(d)


require financial institutions and DNFBPs to identify the customer and verify that customer's identity, as well as to identify the beneficial owner and take reasonable measures to verify the identity of the beneficial owner, such that the financial institution or DNFBP is satisfied that it knows who the beneficial owner is; DNFBPs are understood to be those defined by the FATF Recommendations;










(e)


put in place mechanisms to ensure that the relevant authorities as defined by its laws and regulations have access to beneficial owner information in a timely manner;










(f)


ensure that its competent authorities participate in information exchanges on beneficial ownership with international counterparts in a timely and effective manner;










(g)


require financial institutions and DNFBPs to perform enhanced due diligence, in particular in relation to politically exposed persons, who are understood to be individuals who hold or have held prominent public functions within the territory of either Party or internationally as well as their family members and close associates; and










(h)


ensure an effective supervision of the compliance with the above-mentioned obligations, including the establishment and enforcement of effective, proportionate and dissuasive sanctions for non-compliance.









SECTION IV



MEASURES TO PREVENT CORRUPTION IN THE PUBLIC SECTOR



Article 12

Conduct of public officials


1.   The Parties recognise the importance of the Conduct Principles for Public Officials of the Asia-Pacific Economic Cooperation (APEC), adopted on 3 July 2007, for Chile, and the Council of Europe Recommendation No. R (2000) 10 on codes of conduct for public officials, adopted on 11 May 2000, for the EU Party.


2.   The Parties reaffirm their commitments under Article 8 of the UNCAC, including the application of codes or standards of conduct for public officials, facilitating the reporting by public officials of acts of corruption to appropriate authorities, requiring public officials to make declarations to appropriate authorities regarding potential conflicts of interests, and taking measures providing for disciplinary or other measures against public officials who violate such codes or standards.



Article 13

Transparency in the public administration


1.   The Parties stress the importance of transparency in public administration to prevent corruption affecting trade and investment and agree to promote transparency in line with the specific and horizontal provisions provided for in Part III of this Agreement, including in particular provisions on trade facilitation, public procurement, domestic regulation and general transparency.


2.   The Parties reaffirm their commitments under paragraph 2 of Article 13 of the UNCAC to take appropriate measures to ensure that its anti-corruption bodies are known to the public and to provide access to those bodies for the reporting of any relevant incidents.



Article 14

Participation of civil society


1.   The Parties recognise the importance of the participation of civil society in the prevention of and the fight against corruption in the field of international trade and investment, as well as the need to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption. To that end they reaffirm their commitments under paragraph 1 of Article 13 of the UNCAC, in particular the commitment to take appropriate measures to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organisations, and community-based organisations.


2.   The Parties shall, in particular, consider:






(a)


undertaking public information activities and public education programmes that contribute to non-tolerance of corruption; and










(b)


adopting or maintaining measures that respect, promote and protect the freedom to seek, receive, publish and disseminate information concerning corruption.







Article 15

Protection of reporting persons

The Parties reaffirm their commitment under Article 33 of the UNCAC concerning protection against any unjustified treatment for reporting persons.




SECTION V



DISPUTE RESOLUTION MECHANISM



Article 16

Dispute resolution


1.   The Parties shall make all possible efforts through dialogue, consultation, exchange of information and cooperation to address any disagreement between the Parties regarding the interpretation or application of this Protocol.


2.   In case of a disagreement between the Parties regarding the interpretation or application of this Protocol, the Parties shall have recourse exclusively to the dispute resolution procedures established under Articles 17 and 18.



Article 17

Consultations


1.   A Party (the ‘requesting Party’) may, at any time, request consultations with the other Party (the ‘responding Party’) regarding any matter concerning the interpretation or application of this Protocol by delivering a written request to the contact point of the responding Party designated in accordance with Article 19(3). The request shall set out the reasons for requesting consultations, including a sufficiently specific description of the matter at issue and its relation to the provisions of this Protocol.


2.   The responding Party shall, unless agreed otherwise with the requesting Party, reply in writing no later than 10 days after the date of delivery of the request referred to in paragraph 1.


3.   The Parties shall, unless they agree otherwise, begin consultations no later than 30 days after the date of delivery of the request.


4.   The consultations may be held in person or by any technological means available to the Parties. If consultations are held in person, they shall be held in the territory of the responding Party, unless the Parties agree otherwise.


5.   In the consultations, the Parties shall:






(a)


provide sufficient information to enable a full examination of the matter; and










(b)


treat any information exchanged in the course of the consultations confidentially.






6.   The Parties shall enter into consultations with the aim of reaching a mutually satisfactory resolution of the matter, taking into account opportunities for cooperation related to the matter.


7.   If the Parties are unable to resolve the matter in accordance with paragraphs 3 to 6 within 60 days after the delivery of the request for consultations pursuant to paragraph 1, each Party may, by delivering a written request to the contact point of the other Party designated in accordance with Article 19(3), request that the Sub-Committee on Anti-Corruption on Trade and Investment referred to in Article 19 be convened to consider the matter. The Sub-Committee on Anti-Corruption on Trade and Investment shall convene promptly and endeavour to agree on a resolution of the matter.


8.   Each Party or the Sub-Committee on Anti-Corruption on Trade and Investment seized pursuant to paragraph 7 may, if appropriate, seek the views of the Domestic Consultative Groups referred to in Article 40.6 of this Agreement or other expert advice.


9.   If the Parties resolve the matter, they shall document any outcome including, if appropriate, specific steps and timelines agreed upon. The Parties shall make that outcome available to the public, unless they agree otherwise.



Article 18

Panel of experts


1.   If, within 60 days after the delivery of a written request for consideration of the matter by the Sub-Committee on Anti-Corruption on Trade and Investment pursuant to Article 17(7) or, if no such request is made, within 120 days after the delivery of a written request for consultations pursuant to Article 17(1), no mutually satisfactory resolution has been reached, a Party may, by delivering a written request to the contact point of the other Party designated in accordance with Article 19(3), request the establishment of a panel of experts to examine the matter. The request shall identify the reasons for requesting the establishment of a panel of experts, including a description of the matter at issue, and explain how that matter constitutes a breach of the provisions of this Protocol that it considers applicable.


2.   Except as otherwise provided for in this Article, Articles 38.6, 38.10, 38.13(6), 38.14(1), 38.15, 38.19, 38.20(2), 38.21, 38.22, 38.24, 38.32, 38.33, 38.34 and 38.35 of this Agreement, as well as Annexes 38-A and 38-B to this Agreement, apply to this Protocol, mutatis mutandis.


3.   The Sub-Committee on Anti-Corruption on Trade and Investment shall, at its first meeting, recommend to the Joint Committee the establishment of a list of at least 15 individuals who are willing and able to serve on the panel of experts. The list shall be composed of three sub-lists:






(a)


one sub-list of individuals established on the basis of proposals by the EU Party;










(b)


one sub-list of individuals established on the basis of proposals by Chile; and










(c)


one sub-list of individuals that are not nationals of either Party and who are willing to serve as chairperson of the panel of experts.




Each Party shall propose at least five individuals for its sub-list. The Parties shall also select at least five individuals for the sub-list of chairpersons. The Joint Committee shall ensure that each sub-list is kept up to date and that it contains at least five individuals.


4.   The individuals referred to in paragraph 3 shall have specialised knowledge of or expertise in matters covered by this Protocol or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government on issues related to the disagreement, or be affiliated with the government of either Party, and shall comply with Annex 38-B.


5.   If the panel of experts is composed in accordance with the procedures set out in Article 38.6(3) and (4) of this Agreement, the experts shall be selected from the relevant individuals on the sub-lists referred to in paragraph 3 of this Article.


6.   Unless the Parties agree otherwise, within five days of the date of establishment of the panel of experts, as defined in Article 38.6(5) of this Agreement, the terms of reference shall be:


                           ‘to examine, in the light of the relevant provisions of the Protocol on the Prevention of and Fight Against Corruption of the Advanced Framework Agreement, the matter referred to in the request for the establishment of the panel of experts pursuant to Article 17 of that Protocol, and to issue a report, in accordance with that Article, with its findings and recommendations for the resolution of the matter’.



7.   With regard to matters relating to the existing international agreements, recommendations or principles referred to in this Protocol, the panel of experts should, where relevant, seek information from the relevant organisations or bodies. Any such information shall be provided to the Parties for their comments.


8.   The panel of experts shall interpret the provisions of this Protocol in accordance with the customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties.


9.   The panel of experts shall issue to the Parties an interim report and a final report setting out the findings of facts, the applicability of the relevant provisions and the rationale behind those findings, and conclusions and the recommendations it makes.


10.   The panel of experts shall deliver the interim report to the Parties within 100 days of the date of establishment of the panel of experts. If the panel of experts considers that that deadline cannot be met, the chairperson of the panel of experts shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel of experts plans to deliver its interim report. The time limits set out in this paragraph may be extended by mutual agreement of the Parties.


11.   Each Party may deliver to the panel of experts a reasoned request to review particular aspects of the interim report within 25 days of its delivery. A Party may comment on the other Party's request within 15 days of the delivery of that request.


12.   After considering those comments, the panel of experts shall prepare the final report. If the request referred to in paragraph 11 of this Article is not delivered within the time period referred to in that paragraph, the interim report shall become the final report of the panel of experts.


13.   The panel of experts shall deliver its final report to the Parties within 175 days of the date of establishment of the panel of experts. If the panel of experts considers that that deadline cannot be met, its chairperson shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel of experts plans to deliver its final report. The time limits set out in this paragraph may be extended by mutual agreement of the Parties.


14.   The final report shall include a discussion of any written request by the Parties on the interim report and clearly address the comments of the Parties.


15.   The Parties shall make the final report available to the public within 15 days of its delivery by the panel of experts.


16.   If the panel of experts finds in the final report that the responding Party has not conformed with its obligations under this Protocol, the Parties shall discuss appropriate measures to be implemented taking into account the report and recommendations of the panel of experts. The responding Party shall inform its Domestic Consultative Group referred to in Article 40.6 of this Agreement, and the other Party of its decisions on any measures to be implemented no later than three months after the final report has been made available to the public pursuant to paragraph 15 of this Article.


17.   The Sub-Committee on Anti-Corruption on Trade and Investment shall monitor the follow-up to the report of the panel of experts and its recommendations. The Domestic Consultative Groups referred to in Article 40.6 of this Agreement may submit observations to the Sub-Committee on Anti-Corruption on Trade and Investment in that regard.



Article 19

Sub-Committee on Anti-Corruption on Trade and Investment


1.   The Sub-Committee on Anti-Corruption on Trade and Investment established pursuant to Article 8.8(1) of this Agreement (the ‘Sub-Committee’) shall be composed of representatives of each Party taking into consideration the specific issues to be addressed at any given session. The representatives of Chile shall be officials from the Undersecretariat of International Economic Relations of the Ministry of Foreign Affairs or its successor.


2.   The Sub-Committee shall:






(a)


facilitate and monitor the effective implementation of this Protocol and discuss any difficulties which may arise in its implementation;










(b)


promote cooperation between the Parties on issues covered by this Protocol, and the exchange of information on developments in non-governmental, regional and multilateral fora on issues covered by this Protocol;










(c)


make recommendations to the Joint Committee;










(d)


consider any other matter related to this Protocol, as the Parties may agree.






3.   Each Party shall designate a contact point within its administration to facilitate communication and coordination between the Parties on any matter relating to the implementation of this Protocol and notify the other Party of the contact details of that contact point. The Parties shall promptly notify each other of any changes to those contact details.










PROTOCOL TO THE ADVANCED FRAMEWORK AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF CHILE, OF THE OTHER PART ON MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS



Article 1

Definitions

For the purposes of this Protocol:






(a)


‘applicant authority’ means a competent administrative authority which has been designated by a Party for that purpose and which makes a request for assistance on the basis of this Protocol;










(b)


‘customs legislation’ means any laws or regulations applicable in the territory of a Party which govern the import, export and transit of goods and their placing under any other customs regime or procedure, including measures of prohibition, restriction and control;










(c)


‘information’ means any data, document, image, report, communication or authenticated copy, in any format, including electronic, whether or not processed or analysed;










(d)


‘operation in breach of customs legislation’ means any violation or attempted violation of customs legislation; and










(e)


‘requested authority’ means a competent administrative authority which has been designated by a Party for that purpose and which receives a request for assistance on the basis of this Protocol.






Article 2

Scope


1.   The Parties shall assist each other, in the areas within their competence and in the manner and under the conditions laid down in this Protocol, to ensure the correct application of customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation.


2.   Assistance in customs matters, as provided for in this Protocol, applies to any administrative authority of a Party which is competent for the application of this Protocol. That assistance shall neither prejudice the provisions governing mutual assistance in criminal matters nor cover information obtained under powers exercised on request of a judicial authority, except where communication of such information is authorised by that authority.


3.   Assistance to recover duties, taxes or fines is not covered by this Protocol.



Article 3

Assistance on request


1.   On request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information related to noted or planned activities which are or could be operations in breach of customs legislation.


2.   On request of the applicant authority, the requested authority shall provide information on whether:






(a)


goods exported from the territory of a Party have been properly imported into the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods;










(b)


goods imported into the territory of a Party have been properly exported from the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods.






3.   On request of the applicant authority, the requested authority shall, within the framework of its laws and regulations, take the necessary steps to ensure special surveillance of:






(a)


natural or juridical persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation;










(b)


goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation;










(c)


places where stocks of goods have been or may be assembled in such a way that there are reasonable grounds for believing that those goods are intended to be used in operations in breach of customs legislation; and










(d)


means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation.







Article 4

Spontaneous assistance

The Parties shall assist each other, on their own initiative and in accordance with their laws and regulations, if they consider it to be necessary for the correct application of customs legislation, by providing information obtained pertaining to concluded, planned or ongoing activities which constitute or appear to constitute operations in breach of customs legislation and which may be of interest to the other Party. The information shall focus in particular on:






(a)


persons, goods and means of transport; and










(b)


new means or methods employed in carrying out operations in breach of customs legislation.






Article 5

Form and substance of requests for assistance


1.   Requests pursuant to this Protocol shall be made in writing either in print or electronic format. They shall be accompanied by the documents necessary to enable compliance with the request. In case of urgency, the requested authority may accept oral requests, which shall be immediately confirmed by the applicant authority in writing.


2.   The requests referred to in paragraph 1 shall include the following information:






(a)


the applicant authority and requesting official;










(b)


the information and type of assistance requested;










(c)


the object of and the reason for the request;










(d)


the relevant laws and regulations and other legal elements involved;










(e)


an indication, as exact and comprehensive as possible, of the natural or juridical persons that are the target of the investigations;










(f)


a summary of the relevant facts and of the enquiries already carried out; and










(g)


any additional available details to enable the requested authority to comply with the request.






3.   Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority, English always being an acceptable language. This requirement does not apply to any documents that accompany the request under paragraph 1.


4.   If a request does not meet the formal requirements set out in paragraphs 1, 2 and 3, the requested authority may require the correction or the completion of the request; in the meantime, precautionary measures may be ordered.



Article 6

Execution of requests


1.   In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or on request of another authority of that same Party, by supplying information already in its possession, by carrying out appropriate enquiries or by arranging for them to be carried out. If the requested authority addresses the request to another authority because it cannot act alone, this paragraph shall also apply to that other authority.


2.   Requests for assistance shall be executed in accordance with the laws and regulations of the requested Party.


3.   The requested authority shall send a reply to the request for assistance within two months of its receipt. If the requested authority is not in a position to comply with the request for assistance within that period, it shall inform the applicant authority indicating when it foresees that it might comply with the request.



Article 7

Form in which information is to be communicated


1.   The requested authority shall communicate the results of enquiries to the applicant authority in writing together with relevant documents, certified true copies or other items. That information may be provided in electronic format.


2.   Original documents shall be transmitted subject to each Party's legal constraints, only upon request of the applicant authority, in cases where certified true copies would be insufficient. The applicant authority shall return those original documents at the earliest opportunity.


3.   When paragraph 2 applies, the requested authority shall deliver to the applicant authority any information related to the authenticity of the documents issued or certified by official agencies within its territory in support of a goods declaration.



Article 8

Presence of officials of a Party in the territory of the other Party


1.   Duly authorised officials of a Party may, with the agreement of the other Party and subject to the conditions laid down by the latter, be present in the offices of the requested authority or any other authority concerned as referred to in Article 6(1) to obtain information relating to activities that are or could be operations in breach of customs legislation which the applicant authority needs for the purposes of this Protocol.


2.   Duly authorised officials of a Party may, with the agreement of the other Party and subject to the conditions laid down by the latter, be present at enquiries carried out in the territory of that other Party.


3.   The presence of duly authorised officials of a Party in the territory of the other Party shall be solely in an advisory capacity, during which time those duly authorised officials:






(a)


must at all times be able to furnish proof of their official capacity;










(b)


shall not wear uniform, nor carry weapons; and










(c)


shall enjoy the same protection as that afforded to officials of the other Party, in accordance with the laws and regulations of that other Party.







Article 9

Delivery and notification


1.   On request of the applicant authority, the requested authority shall, in accordance with the laws and regulations applicable to that authority, take all necessary measures in order to deliver any documents or to notify any decisions of the applicant authority falling within the scope of this Protocol to an addressee residing or established in the territory of the requested authority.


2.   Such requests for delivery of documents or notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority.



Article 10

Automatic exchange of information


1.   The Parties may, by mutual arrangement in accordance with Article 15:






(a)


exchange any information covered by this Protocol on an automatic basis; and










(b)


exchange specific information in advance of the arrival of consignments in the territory of the other Party.






2.   The Parties shall establish arrangements on the type of information they wish to exchange, and on the format and frequency of transmission, to implement the exchanges under subparagraphs (a) and (b) of paragraph 1.



Article 11

Exceptions to the obligation to provide assistance


1.   Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements if a Party is of the opinion that assistance under this Protocol would:






(a)


be likely to prejudice the sovereignty of Chile or that of a Member State which has been requested to provide assistance under this Protocol;










(b)


be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to in Article 12(5); or










(c)


violate an industrial, commercial or professional secret.






2.   The requested authority may postpone the assistance on the grounds that such assistance will interfere with ongoing investigations, prosecutions or proceedings. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.


3.   If the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. Compliance with such a request shall be at the discretion of the requested authority.


4.   In the cases referred to in paragraphs 1 and 2, the requested authority shall communicate its decision and the reasons therefor to the applicant authority without delay.



Article 12

Information exchange and confidentiality


1.   The information received under this Protocol shall be used solely for the purposes of this Protocol.


2.   The use of information obtained under this Protocol in administrative or judicial proceedings instituted in respect of operations in breach of customs legislation is considered to be for the purposes of this Protocol. Therefore, the Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol. The requested authority may require that the supply of information or the granting of access to documents be subject to the condition that it be notified of such use.


3.   Where one of the Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.


4.   Any information communicated in any form under this Protocol shall be of a confidential or restricted nature, in accordance with the laws and regulations applicable in each Party. That information shall be covered by the obligation of professional secrecy and shall enjoy the protection granted to similar information under the relevant laws and regulations of the receiving Party. The Parties shall communicate to each other information on their applicable laws and regulations.


5.   Personal data may be transferred only in accordance with the data protection rules of the Party providing the data. Each Party shall inform the other Party about its relevant data protection rules and, if needed, make best efforts to agree on additional protection.



Article 13

Experts and witnesses

The requested authority may authorise its officials to appear, within the limitations of the authorisation granted, as experts or witnesses in judicial or administrative proceedings regarding the matters covered by this Protocol, and to produce such objects, documents or certified true copies thereof, as may be needed for the proceedings. The request for appearance must indicate specifically before which judicial or administrative authority the official will have to appear, on what matters and by virtue of what title or qualification the official will be questioned.


Article 14

Assistance expenses


1.   The Parties shall waive any claims against each other for the reimbursement of expenses incurred in the implementation of this Protocol.


2.   Expenses and allowances paid to experts, witnesses, interpreters and translators who are not public service employees shall be borne as appropriate by the requesting Party.


3.   If expenses of an extraordinary nature are required to execute the request, the Parties shall determine the terms and conditions under which the request shall be executed, as well as the manner in which such expenses shall be borne.



Article 15

Implementation


1.   The implementation of this Protocol shall be entrusted, on the one hand, to the customs authorities of Chile and, on the other hand, to the competent services of the European Commission and the customs authorities of the Member States, as appropriate. Those authorities and services shall decide on all practical measures and arrangements necessary for the implementation of this Protocol, taking into consideration their respective applicable laws and regulations, in particular for the protection of personal data.


2.   The Parties shall keep each other informed of the details of the implementation measures which are adopted by each Party in accordance with the provisions of this Protocol, in particular with respect to the duly authorised services and officials designated as competent to send and receive the communications set out in this Protocol.


3.   In the EU Party, the provisions of this Protocol shall not affect the communication of any information obtained under this Protocol between the competent services of the European Commission and the customs authorities of the Member States.



Article 16

Other agreements

The provisions of this Protocol shall take precedence over the provisions of any bilateral agreement on mutual administrative assistance in customs matters which has been or may be concluded between individual Member States and Chile in so far as the provisions of such agreement are incompatible with those of this Protocol.


Article 17

Consultations

In respect of the interpretation and implementation of this Protocol, the Parties shall consult each other to resolve any matter in that regard in the framework of the Sub-Committee on Customs, Trade Facilitation and Rules of Origin established pursuant to Article 8.8(1) of this Agreement.








JOINT INTERPRETATIVE DECLARATION ON THE PROVISIONS ON INVESTMENT PROTECTION CONTAINED IN THE ADVANCED FRAMEWORK AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF CHILE, OF THE OTHER PART

The European Union and its Member States and Chile make the following Joint Interpretative Declaration on the investment protection provisions contained in the Advanced Framework Agreement.
In light of their commitments under the Paris Agreement under the United Nations Framework Convention on Climate Change, done at Paris on 12 December 2015 (‘Paris Agreement’), the Parties confirm that their investors should expect that the Parties will adopt measures that are designed and applied to combat climate change, or address its present or future consequences, by means of mitigation, adaptation, reparation, compensation or otherwise.
When interpreting the provisions on investment protection provided for in the Advanced Framework Agreement, the Tribunal or Appeal Tribunal established under Article 17.34 and Article 17.35, respectively, should take due consideration of the commitments of the Parties under the Paris Agreement and their respective climate neutrality objectives.
Thus, the Parties confirm their understanding that the provisions on investment protection provided for in the Advanced Framework Agreement shall be interpreted and applied by that Tribunal or Appeal Tribunal by taking due consideration of the commitments of the Parties under the Paris Agreement and their respective climate neutrality objectives, and in a way that allows the Parties to pursue their respective climate change mitigation and adaptation policies.






JOINT STATEMENT ON THE PROVISIONS ON TRADE AND SUSTAINABLE DEVELOPMENT CONTAINED IN THE ADVANCED FRAMEWORK AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF CHILE, OF THE OTHER PART

The Parties,
RECALLING their shared values and the strong cultural, political, economic and cooperation ties which unite them,
RECALLING their commitment to modernise and replace 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, signed in Brussels on 18 November 2002 to reflect new political and economic realities,
REAFFIRMING their commitment to strengthen cooperation on bilateral, regional and global issues of common concern,
CONVINCED that the Advanced Framework Agreement between the European Union and its Member States, of the one part, and the Republic of Chile, of the other part (‘Advanced Framework Agreement’) and the Interim Agreement on Trade between the European Union and the Republic of Chile (‘Interim Trade Agreement’) will be beneficial to both Parties in fuelling economic recovery from the COVID-19 crisis, generating growth in a geopolitical context marked by heightened instability, and further strengthening their ties,
DETERMINED to ensure that the Advanced Framework Agreement fosters sustainability, so that economic growth goes together with the protection of decent work, the climate and the environment, in full adherence to the Parties' shared values and priorities, including support for green transition and promoting responsible and sustainable value chains, and
RECOGNISING that an inclusive involvement of civil society in the implementation of the Advanced Framework Agreement is essential for a timely identification of challenges, opportunities and priorities, and to monitor respective agreed actions,
express their joint intent to swiftly conclude the Advanced Framework Agreement and subsequently cooperate on the implementation of its sustainability aspects guided by the following considerations:








1.


As regards their joint objective of promoting high levels of labour protection and decent work for all, the Parties underline their commitment to respect, promote and effectively implement the internationally recognised core labour standards, as defined in the fundamental Conventions of the International Labour Organization (ILO). In that context, the Parties welcome the ILO decision to add the principle of a ‘safe and healthy working environment’ amongst the fundamental principles and rights at work, and to elevate the corresponding ILO Conventions accordingly, which they will strive to ratify as required.












2.


As regards their joint objective of addressing the urgent threat of climate change, the Parties underline their commitment to effectively implement the United Nations Framework Convention on Climate Change and the Paris Agreement adopted thereunder, including their commitments with regard to their respective nationally determined contribution.












3.


As regards their joint objective of protecting and conserving the environment and sustainably managing their natural resources, the Parties underline their commitment to effectively implement the multilateral environmental agreements and protocols to which they are respectively a party, including the Convention on Biological Diversity.
The Parties note that their joint objective of enhancing the inclusive participation of civil society and of regularly exchanging views with their respective Domestic Consultative Groups, including on relevant technical assistance projects, comprises the trade and sustainability aspects of the Advanced Framework Agreement. The Parties underline their commitment to promote and facilitate the interaction between their respective Domestic Consultative Groups through means which they consider appropriate, including periodical meetings. The Parties express their intention to support the Domestic Consultative Groups in line with their domestic legislation and policies.
As regards the implementation of Chapter 33, Trade and Sustainable Development, of the Advanced Framework Agreement (the ‘Trade and Sustainable Development Chapter’), the Parties will seek to focus on the commonly identified sustainability priorities. The Parties will seek the views and participation of civil society on matters related to the implementation of that Chapter, including on the follow-up of commitments taken by the Parties.
The Parties welcome that the European Union and Chile will, upon the entry into force of the Interim Trade Agreement, initiate a formal review process of that Agreement's trade and sustainable development aspects in accordance with Article 26.23 of that Agreement in order to consider the incorporation, as appropriate, of additional provisions that may be deemed relevant by the European Union or Chile at that time, including in the context of their respective domestic policy developments and their recent international treaty practice, as they may consider appropriate. Such additional provisions may relate, in particular, to the further enhancement of the enforcement mechanism of the Trade and Sustainable Development Chapter, including the possibility to apply a compliance phase, and relevant countermeasures as a last resort.
Without prejudice to the outcome of the review, the Parties take note that the European Union and Chile will also consider the possibility of including the Paris Agreement as an essential element of the Interim Trade Agreement.
The Parties recall that the European Union and Chile will aim to conclude the review process under the Interim Trade Agreement within 12 months, and to incorporate any agreed outcome of the review process by amending the Interim Trade Agreement in accordance with Article 33.9 thereof. The Parties will aim to also incorporate any agreed outcome of the review process under the Interim Trade Agreement into the Advanced Framework Agreement, by amending the Advanced Framework Agreement in accordance with Article 41.6 thereof.







ELI: http://data.europa.eu/eli/agree_internation/2024/1759/oj
ISSN 1977-0677 (electronic edition)