10. For greater certainty, for the European Union, 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 European Union, 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 10, 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 33.8 and are only relevant in the context of trade relations between the European Union and its Member States 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 European Union:

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 10-A-1. SCHEDULE OF THE EUROPEAN UNION

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) EU/CL/ITA/Annex 10/en 11 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. EU/CL/ITA/Annex 10/en 12 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. EU/CL/ITA/Annex 10/en 13 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. EU/CL/ITA/Annex 10/en 14 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. EU/CL/ITA/Annex 10/en 15 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. EU/CL/ITA/Annex 10/en 16 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); EU/CL/ITA/Annex 10/en 17 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. EU/CL/ITA/Annex 10/en 18 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). EU/CL/ITA/Annex 10/en 19 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. EU/CL/ITA/Annex 10/en 20 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. EU/CL/ITA/Annex 10/en 21 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; EU/CL/ITA/Annex 10/en 22 (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. EU/CL/ITA/Annex 10/en 23 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; EU/CL/ITA/Annex 10/en 24 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. EU/CL/ITA/Annex 10/en 25 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). EU/CL/ITA/Annex 10/en 26 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. EU/CL/ITA/Annex 10/en 27 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. EU/CL/ITA/Annex 10/en 28 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. EU/CL/ITA/Annex 10/en 29 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) EU/CL/ITA/Annex 10/en 30 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. 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. EU/CL/ITA/Annex 10/en 31 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). EU/CL/ITA/Annex 10/en 32 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. EU/CL/ITA/Annex 10/en 33 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. EU/CL/ITA/Annex 10/en 34 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. EU/CL/ITA/Annex 10/en 35 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. EU/CL/ITA/Annex 10/en 36 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. EU/CL/ITA/Annex 10/en 37 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. EU/CL/ITA/Annex 10/en 38 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. EU/CL/ITA/Annex 10/en 39 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 Council1; Article 78 of Council Regulation (EC) No 6/2002 of 12 December 20012. 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. 1 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). 2 Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ EU L 3, 5.1.2002, p. 1). EU/CL/ITA/Annex 10/en 40 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. EU/CL/ITA/Annex 10/en 41 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); EU/CL/ITA/Annex 10/en 42 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. EU/CL/ITA/Annex 10/en 43 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. EU/CL/ITA/Annex 10/en 44 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). EU/CL/ITA/Annex 10/en 45 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. EU/CL/ITA/Annex 10/en 46 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). EU/CL/ITA/Annex 10/en 47 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). EU/CL/ITA/Annex 10/en 48 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. EU/CL/ITA/Annex 10/en 49 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). EU/CL/ITA/Annex 10/en 50 Measures: EU: Directive 2013/34/EU of the European Parliament and of the Council1; and Directive 2006/43/EC of the European Parliament and of the Council2. 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. 1 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). 2 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). EU/CL/ITA/Annex 10/en 51 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. EU/CL/ITA/Annex 10/en 52 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. EU/CL/ITA/Annex 10/en 53 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). EU/CL/ITA/Annex 10/en 54 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. EU/CL/ITA/Annex 10/en 55 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. EU/CL/ITA/Annex 10/en 56 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); EU/CL/ITA/Annex 10/en 57 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. EU/CL/ITA/Annex 10/en 58 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. EU/CL/ITA/Annex 10/en 59 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; EU/CL/ITA/Annex 10/en 60 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). EU/CL/ITA/Annex 10/en 61 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. EU/CL/ITA/Annex 10/en 62 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). EU/CL/ITA/Annex 10/en 63 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 EU/CL/ITA/Annex 10/en 64 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; EU/CL/ITA/Annex 10/en 65 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. EU/CL/ITA/Annex 10/en 66 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. EU/CL/ITA/Annex 10/en 67 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); EU/CL/ITA/Annex 10/en 68 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. EU/CL/ITA/Annex 10/en 69 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 n° 90-1258 relative à l'exercice sous forme de société des professions libérales, Loi n°2011-940 du 10 août 2011 modifiant certaines dispositions de la loi n°2009-879 dite HPST, Loi n°47-1775 portant statut de la coopération; and Code de la santé publique. EU/CL/ITA/Annex 10/en 70 (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). EU/CL/ITA/Annex 10/en 71 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). EU/CL/ITA/Annex 10/en 72 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 EU/CL/ITA/Annex 10/en 73 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. EU/CL/ITA/Annex 10/en 74 (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. EU/CL/ITA/Annex 10/en 75 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. EU/CL/ITA/Annex 10/en 76 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. EU/CL/ITA/Annex 10/en 77 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). EU/CL/ITA/Annex 10/en 78 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); EU/CL/ITA/Annex 10/en 79 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. EU/CL/ITA/Annex 10/en 80 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). EU/CL/ITA/Annex 10/en 81 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 11.1(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. EU/CL/ITA/Annex 10/en 82 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. EU/CL/ITA/Annex 10/en 83 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. EU/CL/ITA/Annex 10/en 84 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. EU/CL/ITA/Annex 10/en 85 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) EU/CL/ITA/Annex 10/en 86 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). EU/CL/ITA/Annex 10/en 87 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). EU/CL/ITA/Annex 10/en 88 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 Council1; and Regulation (EC) No 80/2009 of the European Parliament and of the Council2. 1 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). 2 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). EU/CL/ITA/Annex 10/en 89 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. EU/CL/ITA/Annex 10/en 90 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. EU/CL/ITA/Annex 10/en 91 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. EU/CL/ITA/Annex 10/en 92 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. EU/CL/ITA/Annex 10/en 93 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. EU/CL/ITA/Annex 10/en 94 Measures: FR: Loi 46-942 du 7 mai 1946 and décret n°71-360 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. EU/CL/ITA/Annex 10/en 95 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). EU/CL/ITA/Annex 10/en 96 (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. EU/CL/ITA/Annex 10/en 97 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. EU/CL/ITA/Annex 10/en 98 (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. EU/CL/ITA/Annex 10/en 99 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); EU/CL/ITA/Annex 10/en 100 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. EU/CL/ITA/Annex 10/en 101 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). EU/CL/ITA/Annex 10/en 102 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. EU/CL/ITA/Annex 10/en 103 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. EU/CL/ITA/Annex 10/en 104 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. EU/CL/ITA/Annex 10/en 105 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). EU/CL/ITA/Annex 10/en 106 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. EU/CL/ITA/Annex 10/en 107 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; EU/CL/ITA/Annex 10/en 108 Law 3/2003; Law 1293/1957; Law 907/1942; and Decree of the President of the Republic (D.P.R.) 1074/1958. EU/CL/ITA/Annex 10/en 109 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. EU/CL/ITA/Annex 10/en 110 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. EU/CL/ITA/Annex 10/en 111 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. EU/CL/ITA/Annex 10/en 112 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. EU/CL/ITA/Annex 10/en 113 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. EU/CL/ITA/Annex 10/en 114 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. EU/CL/ITA/Annex 10/en 115 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 n° 90-1258 relative à l'exercice sous forme de société des professions libérales, Loi n° 2011-940 du 10 août 2011 modifiant certaines dispositions de la Loi n° 2009-879 dite HPST, Loi n° 47-1775 portant statut de la coopération; and Code de la santé publique. EU/CL/ITA/Annex 10/en 116 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) EU/CL/ITA/Annex 10/en 117 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. EU/CL/ITA/Annex 10/en 118 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. EU/CL/ITA/Annex 10/en 119 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; EU/CL/ITA/Annex 10/en 120 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; EU/CL/ITA/Annex 10/en 121 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). EU/CL/ITA/Annex 10/en 122 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). EU/CL/ITA/Annex 10/en 123 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. EU/CL/ITA/Annex 10/en 124 (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; EU/CL/ITA/Annex 10/en 125 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. EU/CL/ITA/Annex 10/en 126 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) EU/CL/ITA/Annex 10/en 127 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. EU/CL/ITA/Annex 10/en 128 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. EU/CL/ITA/Annex 10/en 129 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); EU/CL/ITA/Annex 10/en 130 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. EU/CL/ITA/Annex 10/en 131 (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; EU/CL/ITA/Annex 10/en 132 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. EU/CL/ITA/Annex 10/en 133 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). EU/CL/ITA/Annex 10/en 134 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 19961. 1 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). EU/CL/ITA/Annex 10/en 135 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 Council1. 1 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). EU/CL/ITA/Annex 10/en 136 (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/EEC1. 1 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). EU/CL/ITA/Annex 10/en 137 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) EU/CL/ITA/Annex 10/en 138 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. EU/CL/ITA/Annex 10/en 139 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. EU/CL/ITA/Annex 10/en 140 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. EU/CL/ITA/Annex 10/en 141 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. EU/CL/ITA/Annex 10/en 142 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. EU/CL/ITA/Annex 10/en 143 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). EU/CL/ITA/Annex 10/en 144 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. EU/CL/ITA/Annex 10/en 145 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. EU/CL/ITA/Annex 10/en 146 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; EU/CL/ITA/Annex 10/en 147 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). EU/CL/ITA/Annex 10/en 148 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; EU/CL/ITA/Annex 10/en 149 (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). EU/CL/ITA/Annex 10/en 150 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. EU/CL/ITA/Annex 10/en 151 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) EU/CL/ITA/Annex 10/en 152 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. EU/CL/ITA/Annex 10/en 153 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). EU/CL/ITA/Annex 10/en 154 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); EU/CL/ITA/Annex 10/en 155 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). EU/CL/ITA/Annex 10/en 156 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. EU/CL/ITA/Annex 10/en 157 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). EU/CL/ITA/Annex 10/en 158 Appendix 10-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 10.11 and 11.8, the Articles 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. EU/CL/ITA/Annex 10/en 159 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. EU/CL/ITA/Annex 10/en 160 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. EU/CL/ITA/Annex 10/en 161 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 trabajo1). 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. 1 For greater certainty, a contract of employment (contrato de trabajo) is not mandatory for the supply of cross-border trade in services. EU/CL/ITA/Annex 10/en 162 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) EU/CL/ITA/Annex 10/en 163 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. EU/CL/ITA/Annex 10/en 164 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. EU/CL/ITA/Annex 10/en 165 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) EU/CL/ITA/Annex 10/en 166 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. EU/CL/ITA/Annex 10/en 167 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) EU/CL/ITA/Annex 10/en 168 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 EU/CL/ITA/Annex 10/en 169 (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. EU/CL/ITA/Annex 10/en 170 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. EU/CL/ITA/Annex 10/en 171 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 N° 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. EU/CL/ITA/Annex 10/en 172 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 N° 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) EU/CL/ITA/Annex 10/en 173 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. EU/CL/ITA/Annex 10/en 174 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. EU/CL/ITA/Annex 10/en 175 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. EU/CL/ITA/Annex 10/en 176 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. EU/CL/ITA/Annex 10/en 177 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. EU/CL/ITA/Annex 10/en 178 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) EU/CL/ITA/Annex 10/en 179 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. EU/CL/ITA/Annex 10/en 180 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. EU/CL/ITA/Annex 10/en 181 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. EU/CL/ITA/Annex 10/en 182 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) EU/CL/ITA/Annex 10/en 183 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. EU/CL/ITA/Annex 10/en 184 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) EU/CL/ITA/Annex 10/en 185 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. EU/CL/ITA/Annex 10/en 186 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) EU/CL/ITA/Annex 10/en 187 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. EU/CL/ITA/Annex 10/en 188 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) EU/CL/ITA/Annex 10/en 189 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). EU/CL/ITA/Annex 10/en 190 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. EU/CL/ITA/Annex 10/en 191 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) EU/CL/ITA/Annex 10/en 192 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. EU/CL/ITA/Annex 10/en 193 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) EU/CL/ITA/Annex 10/en 194 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. EU/CL/ITA/Annex 10/en 195 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. EU/CL/ITA/Annex 10/en 196 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) EU/CL/ITA/Annex 10/en 197 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. EU/CL/ITA/Annex 10/en 198 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. EU/CL/ITA/Annex 10/en 199 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) EU/CL/ITA/Annex 10/en 200 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. EU/CL/ITA/Annex 10/en 201 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) EU/CL/ITA/Annex 10/en 202 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. EU/CL/ITA/Annex 10/en 203 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. EU/CL/ITA/Annex 10/en 204 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. EU/CL/ITA/Annex 10/en 205 ANNEX 10-B RESERVATIONS FOR FUTURE MEASURES Headnotes 1. The schedules of the Parties in Appendices 10-B-1 and 10-B-2 set out, pursuant to Articles 10.11 and 11.8, 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 11.6; (b) Article 10.6 or 11.4; (c) Article 10.8 or 11.5; (d) Article 10.10; or (e) Article 10.9. 2. The reservations of a Party are without prejudice to the rights and obligations of the Parties under GATS. EU/CL/ITA/Annex 10/en 206 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. EU/CL/ITA/Annex 10/en 207 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 11.6 and not with respect to Article 10.6 or 11.4 or, in Annex 10-C, with respect to Article 11.7. 7. 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 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 10.6 and 11.4. 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. EU/CL/ITA/Annex 10/en 208 9. For greater certainty, for the European Union, 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 European Union, 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 10, 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 33.8 and are only relevant in the context of trade relations between the European Union and its Member States and Chile. They do not affect the rights and obligations of the Member States under European Union law. EU/CL/ITA/Annex 10/en 209 12. The following abbreviations are used in the schedule of the European Union: 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 EU/CL/ITA/Annex 10/en 210 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 EU/CL/ITA/Annex 10/en 211 Appendix 10-B-1 SCHEDULE OF THE EUROPEAN UNION 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 EU/CL/ITA/Annex 10/en 212 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 EU/CL/ITA/Annex 10/en 213 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 EU/CL/ITA/Annex 10/en 214 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. EU/CL/ITA/Annex 10/en 215 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 European Union in Annex 10-A to this Agreement. EU/CL/ITA/Annex 10/en 216 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. EU/CL/ITA/Annex 10/en 217 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. EU/CL/ITA/Annex 10/en 218 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. EU/CL/ITA/Annex 10/en 219 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. EU/CL/ITA/Annex 10/en 220 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. EU/CL/ITA/Annex 10/en 221 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. EU/CL/ITA/Annex 10/en 222 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. EU/CL/ITA/Annex 10/en 223 (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; EU/CL/ITA/Annex 10/en 224 "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 Area1; 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. 1 OJ EC L 1, 3.1.1994, p. 3. EU/CL/ITA/Annex 10/en 225 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 11.1(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). EU/CL/ITA/Annex 10/en 226 (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 Crossborder 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. EU/CL/ITA/Annex 10/en 227 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 EU/CL/ITA/Annex 10/en 228 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. EU/CL/ITA/Annex 10/en 229 (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. EU/CL/ITA/Annex 10/en 230 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. EU/CL/ITA/Annex 10/en 231 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 EU/CL/ITA/Annex 10/en 232 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). EU/CL/ITA/Annex 10/en 233 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. EU/CL/ITA/Annex 10/en 234 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. EU/CL/ITA/Annex 10/en 235 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. EU/CL/ITA/Annex 10/en 236 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. EU/CL/ITA/Annex 10/en 237 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). EU/CL/ITA/Annex 10/en 238 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. EU/CL/ITA/Annex 10/en 239 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. EU/CL/ITA/Annex 10/en 240 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. EU/CL/ITA/Annex 10/en 241 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. EU/CL/ITA/Annex 10/en 242 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). EU/CL/ITA/Annex 10/en 243 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. EU/CL/ITA/Annex 10/en 244 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). EU/CL/ITA/Annex 10/en 245 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). EU/CL/ITA/Annex 10/en 246 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. EU/CL/ITA/Annex 10/en 247 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 EU/CL/ITA/Annex 10/en 248 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. EU/CL/ITA/Annex 10/en 249 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). EU/CL/ITA/Annex 10/en 250 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. EU/CL/ITA/Annex 10/en 251 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 EU/CL/ITA/Annex 10/en 252 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. EU/CL/ITA/Annex 10/en 253 (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 Council1. 1 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). EU/CL/ITA/Annex 10/en 254 (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. EU/CL/ITA/Annex 10/en 255 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. EU/CL/ITA/Annex 10/en 256 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. EU/CL/ITA/Annex 10/en 257 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). EU/CL/ITA/Annex 10/en 258 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). EU/CL/ITA/Annex 10/en 259 (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. EU/CL/ITA/Annex 10/en 260 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 EU/CL/ITA/Annex 10/en 261 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 nondiscriminatory 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). EU/CL/ITA/Annex 10/en 262 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). EU/CL/ITA/Annex 10/en 263 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. EU/CL/ITA/Annex 10/en 264 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. EU/CL/ITA/Annex 10/en 265 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 EU/CL/ITA/Annex 10/en 266 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). EU/CL/ITA/Annex 10/en 267 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. EU/CL/ITA/Annex 10/en 268 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). EU/CL/ITA/Annex 10/en 269 (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. EU/CL/ITA/Annex 10/en 270 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. EU/CL/ITA/Annex 10/en 271 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 EU/CL/ITA/Annex 10/en 272 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. EU/CL/ITA/Annex 10/en 273 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. EU/CL/ITA/Annex 10/en 274 (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 n° 45-2646 du 2 novembre 1945 portant règlementation provisoire des agences de presse; and Loi n° 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. EU/CL/ITA/Annex 10/en 275 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. EU/CL/ITA/Annex 10/en 276 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). EU/CL/ITA/Annex 10/en 277 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. EU/CL/ITA/Annex 10/en 278 (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). EU/CL/ITA/Annex 10/en 279 Existing measures: EU: Directive 2012/34/EU of the European Parliament and of the Council1. (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). 1 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). EU/CL/ITA/Annex 10/en 280 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 Council1; Regulation (EC) No 1072/2009 of the European Parliament and of the Council2; and Regulation (EC) No 1073/2009 of the European Parliament and of the Council3. 1 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). 2 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). 3 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). EU/CL/ITA/Annex 10/en 281 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). EU/CL/ITA/Annex 10/en 282 – 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 party1; or 1 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. EU/CL/ITA/Annex 10/en 283 (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. EU/CL/ITA/Annex 10/en 284 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, the Czech Republic and Slovakia and between the countries concerned (CPC 7111, 7112). EU/CL/ITA/Annex 10/en 285 – 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. EU/CL/ITA/Annex 10/en 286 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 EU/CL/ITA/Annex 10/en 287 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). EU/CL/ITA/Annex 10/en 288 (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 Crossborder 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 EU/CL/ITA/Annex 10/en 289 (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. EU/CL/ITA/Annex 10/en 290 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. EU/CL/ITA/Annex 10/en 291 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 EU/CL/ITA/Annex 10/en 292 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). EU/CL/ITA/Annex 10/en 293 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). EU/CL/ITA/Annex 10/en 294 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. EU/CL/ITA/Annex 10/en 295 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 Council1; and Directive 2009/73/EC of the European Parliament and of the Council2. 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). 1 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). 2 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). EU/CL/ITA/Annex 10/en 296 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. EU/CL/ITA/Annex 10/en 297 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. EU/CL/ITA/Annex 10/en 298 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. EU/CL/ITA/Annex 10/en 299 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. EU/CL/ITA/Annex 10/en 300 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). EU/CL/ITA/Annex 10/en 301 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 Council1; 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. 1 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). EU/CL/ITA/Annex 10/en 302 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. EU/CL/ITA/Annex 10/en 303 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. EU/CL/ITA/Annex 10/en 304 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. EU/CL/ITA/Annex 10/en 305 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). EU/CL/ITA/Annex 10/en 306 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 EU/CL/ITA/Annex 10/en 307 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. EU/CL/ITA/Annex 10/en 308 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. EU/CL/ITA/Annex 10/en 309 Appendix 10-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) EU/CL/ITA/Annex 10/en 310 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. 1 A list of existing state companies in Chile can be found on the following website: http://www.dipres.gob.cl. EU/CL/ITA/Annex 10/en 311 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: EU/CL/ITA/Annex 10/en 312 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) EU/CL/ITA/Annex 10/en 313 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) EU/CL/ITA/Annex 10/en 314 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: EU/CL/ITA/Annex 10/en 315 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: EU/CL/ITA/Annex 10/en 316 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. EU/CL/ITA/Annex 10/en 317 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: EU/CL/ITA/Annex 10/en 318 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: EU/CL/ITA/Annex 10/en 319 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) EU/CL/ITA/Annex 10/en 320 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) EU/CL/ITA/Annex 10/en 321 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; EU/CL/ITA/Annex 10/en 322 (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: EU/CL/ITA/Annex 10/en 323 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: EU/CL/ITA/Annex 10/en 324 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: EU/CL/ITA/Annex 10/en 325 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: EU/CL/ITA/Annex 10/en 326 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: EU/CL/ITA/Annex 10/en 327 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 EU/CL/ITA/Annex 10/en 328 (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: EU/CL/ITA/Annex 10/en 329 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. ________________ EU/CL/ITA/Annex 10/en 330 ANNEX 10-C MARKET ACCESS COMMITMENTS Headnotes 1. The schedules of the Parties in Appendices 10-C-1 and 10-C-2 set out the market access commitments which each Party undertakes pursuant to Article 10.5 or 11.7 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 10.11 or 11.8. 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 10 and 11 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. EU/CL/ITA/Annex 10/en 331 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 10.5 or 11.7. 6. 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 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 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 a local government. EU/CL/ITA/Annex 10/en 332 7. The schedules of the Parties only contain limitations on market access which are nondiscriminatory. Discriminatory measures and requirements are set out in Annexes 10-A and 10-B. 8. For greater certainty, non-discriminatory measures do not constitute a market access limitation within the meaning of Articles 10.5 or 11.7 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. EU/CL/ITA/Annex 10/en 333 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 10.5 or 11.7. 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 nondiscriminatory 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 European Union, 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 10, 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 33.8 and are only relevant in the context of trade relations between the European Union and its Member States and Chile. They do not affect the rights and obligations of the Member States under European Union law. EU/CL/ITA/Annex 10/en 334 12. The following abbreviations are used in the schedule of the European Union: 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 EU/CL/ITA/Annex 10/en 335 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 EU/CL/ITA/Annex 10/en 336 Appendix 10-C-1 SCHEDULE OF THE EUROPEAN UNION 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. EU/CL/ITA/Annex 10/en 337 Sector or Subsector Limitations on Market Access (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. EU/CL/ITA/Annex 10/en 338 Sector or Subsector Limitations on Market Access 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 nondiscriminatory 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. EU/CL/ITA/Annex 10/en 339 Sector or Subsector Limitations on Market Access (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. EU/CL/ITA/Annex 10/en 340 Sector or Subsector Limitations on Market Access 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 nondiscriminatory 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). EU/CL/ITA/Annex 10/en 341 Sector or Subsector Limitations on Market Access With respect to Cross-border trade in services: In HR: Unbound for the cross-border supply of urban planning. III-EU-3 – Professional services – healthrelated 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). EU/CL/ITA/Annex 10/en 342 Sector or Subsector Limitations on Market Access 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). EU/CL/ITA/Annex 10/en 343 Sector or Subsector Limitations on Market Access (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. EU/CL/ITA/Annex 10/en 344 Sector or Subsector Limitations on Market Access (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. EU/CL/ITA/Annex 10/en 345 Sector or Subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 346 Sector or Subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 347 Sector or Subsector Limitations on Market Access 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. 1 The EU subscribes to the "Understanding on the scope of coverage of computer services – CPC 84". EU/CL/ITA/Annex 10/en 348 Sector or Subsector Limitations on Market Access (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 crossborder 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. EU/CL/ITA/Annex 10/en 349 Sector or Subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 350 Sector or Subsector Limitations on Market Access (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 crossborder 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. EU/CL/ITA/Annex 10/en 351 Sector or Subsector Limitations on Market Access (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. EU/CL/ITA/Annex 10/en 352 Sector or Subsector Limitations on Market Access 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 ecoefficiency (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). EU/CL/ITA/Annex 10/en 353 Sector or Subsector Limitations on Market Access (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). EU/CL/ITA/Annex 10/en 354 Sector or Subsector Limitations on Market Access 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) EU/CL/ITA/Annex 10/en 355 Sector or Subsector Limitations on Market Access (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) EU/CL/ITA/Annex 10/en 356 Sector or Subsector Limitations on Market Access 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 postsecondary 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). EU/CL/ITA/Annex 10/en 357 Sector or Subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 358 Sector or Subsector Limitations on Market Access 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-forprofit 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 healthrelated 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). EU/CL/ITA/Annex 10/en 359 Sector or Subsector Limitations on Market Access (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). EU/CL/ITA/Annex 10/en 360 Sector or Subsector Limitations on Market Access III-EU-15 – Recreational, cultural and sporting services (other than audiovisual 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 crossborder 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. EU/CL/ITA/Annex 10/en 361 Sector or Subsector Limitations on Market Access (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 nonprofit- 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 EU/CL/ITA/Annex 10/en 362 Sector or Subsector Limitations on Market Access (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). EU/CL/ITA/Annex 10/en 363 Sector or Subsector Limitations on Market Access (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). EU/CL/ITA/Annex 10/en 364 Sector or Subsector Limitations on Market Access (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). EU/CL/ITA/Annex 10/en 365 Sector or Subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 366 Sector or Subsector Limitations on Market Access (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. EU/CL/ITA/Annex 10/en 367 Sector or Subsector Limitations on Market Access (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). EU/CL/ITA/Annex 10/en 368 Sector or Subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 369 Sector or Subsector Limitations on Market Access (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 crossborder 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). EU/CL/ITA/Annex 10/en 370 Sector or Subsector Limitations on Market Access (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). EU/CL/ITA/Annex 10/en 371 Sector or Subsector Limitations on Market Access (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 nuclearbased 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. EU/CL/ITA/Annex 10/en 372 Sector or Subsector Limitations on Market Access 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 businessrelated 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 businessrelated 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. EU/CL/ITA/Annex 10/en 373 Appendix 10-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. EU/CL/ITA/Annex 10/en 374 Sector or subsector Limitations on Market Access (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 10-A and 10-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. EU/CL/ITA/Annex 10/en 375 Sector or subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 376 Sector or subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 377 Sector or subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 378 Sector or subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 379 Sector or subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 380 Sector or subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 381 Sector or subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 382 Sector or subsector Limitations on Market Access Courier services (CPC 7512) Services relating to the handling1 of postal items2 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 medium3, including – hybrid mail service, and – direct mail; (ii) handling of addressed parcels and packages4; (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). 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. EU/CL/ITA/Annex 10/en 383 Sector or subsector Limitations on Market Access (iii) handling of addressed press products1; (iv) handling of items referred to in (i) to (iii) above as registered or insured mail; (v) express delivery services2 for items referred to in (i) to (iii) above; (vi) handling of nonaddressed items; and (vii) other services not elsewhere specified. 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. 1 Journals, newspapers and periodicals. 2 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. EU/CL/ITA/Annex 10/en 384 Sector or subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 385 Sector or subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 386 Sector or subsector Limitations on Market Access 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 services1: None. 1 "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. EU/CL/ITA/Annex 10/en 387 Sector or subsector Limitations on Market Access 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. EU/CL/ITA/Annex 10/en 388 Sector or subsector Limitations on Market Access 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. ________________ EU/CL/ITA/Annex 12/en 1 ANNEX 12-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 12.3 and 12.4, as it existed immediately before the modification. 2. Articles 12.3 and 12.4 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 12.3 and 12.4. 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. EU/CL/ITA/Annex 12/en 2 4. The schedules in paragraphs 7 and 8 of this Annex apply only to the territories of the European Union and Chile in accordance with Article 33.8 and are only relevant in the context of trade relations between the European Union and its Member States 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 European Union 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 European Union. 6. The following abbreviations are used in the paragraphs below: AT Austria BE Belgium BG Bulgaria EU/CL/ITA/Annex 12/en 3 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 EU/CL/ITA/Annex 12/en 4 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 EU/CL/ITA/Annex 12/en 5 7. The non-conforming measures of the European Union 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. EU/CL/ITA/Annex 12/en 6 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. EU/CL/ITA/Annex 12/en 7 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. EU/CL/ITA/Annex 12/en 8 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 EU/CL/ITA/Annex 12/en 9 The activities that short-term business visitors of the European Union 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. ________________ EU/CL/ITA/Annex 12/en 10 ANNEX 12-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 12.5, 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 12.5. 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. EU/CL/ITA/Annex 12/en 11 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 European Union, 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 European Union and Chile in accordance with Article 33.8 and are only relevant in the context of trade relations between the European Union and its Member States 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 European Union 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 EU/CL/ITA/Annex 12/en 12 (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. 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/CL/ITA/Annex 12/en 13 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 EU/CL/ITA/Annex 12/en 14 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 12.5 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; EU/CL/ITA/Annex 12/en 15 (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; EU/CL/ITA/Annex 12/en 16 (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; EU/CL/ITA/Annex 12/en 17 (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 18 – 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. EU/CL/ITA/Annex 12/en 18 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 12.5 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; EU/CL/ITA/Annex 12/en 19 (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 18 – only for Chile; (q) Transport advisory and consulting services; (r) Manufacturing advisory and consulting services. EU/CL/ITA/Annex 12/en 20 11. The reservations of the European Union 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. EU/CL/ITA/Annex 12/en 21 Sector or sub-sector Description of reservations 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. 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. EU/CL/ITA/Annex 12/en 22 Sector or sub-sector Description of reservations 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. EU/CL/ITA/Annex 12/en 23 Sector or sub-sector Description of reservations 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. EU/CL/ITA/Annex 12/en 24 Sector or sub-sector Description of reservations 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 services1, and 853) CSS: EU except in NL, SE: A hosting agreement with an approved research organisation is required2. 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 required3. EU except in BE, CZ, DK, IT, SK: None. In BE, CZ, DK, IT, SK: Economic needs test. 1 Part of CPC 85201, which is under medical and dental services. 2 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). 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. EU/CL/ITA/Annex 12/en 25 Sector or sub-sector Description of reservations 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. EU/CL/ITA/Annex 12/en 26 Sector or sub-sector Description of reservations 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. EU/CL/ITA/Annex 12/en 27 Sector or sub-sector Description of reservations 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. EU/CL/ITA/Annex 12/en 28 Sector or sub-sector Description of reservations 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. EU/CL/ITA/Annex 12/en 29 Sector or sub-sector Description of reservations 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 goods1 (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. 1 Maintenance and repair services of office machinery and equipment including computers (CPC 845) are under computer services. EU/CL/ITA/Annex 12/en 30 Sector or sub-sector Description of reservations 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. EU/CL/ITA/Annex 12/en 31 Sector or sub-sector Description of reservations 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. EU/CL/ITA/Annex 12/en 32 Sector or sub-sector Description of reservations 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. EU/CL/ITA/Annex 12/en 33 Sector or sub-sector Description of reservations 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. EU/CL/ITA/Annex 12/en 34 Sector or sub-sector Description of reservations 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 managers1) (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. 1 Services suppliers whose function is to accompany a tour group of a minimum of ten natural persons, without acting as guides in specific locations. EU/CL/ITA/Annex 12/en 35 Sector or sub-sector Description of reservations 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. EU/CL/ITA/Annex 12/en 36 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)1 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 services2, and 853) None. Advertising services (CPC 871) None. Market research and opinion polling services (CPC 864) 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. EU/CL/ITA/Annex 12/en 37 Sector or sub-sector Description of reservations 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 goods1 (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. 1 Maintenance and repair services of office machinery and equipment including computers (CPC 845) are under computer services. EU/CL/ITA/Annex 12/en 38 Sector or sub-sector Description of reservations 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 18-2) None. Transport (CPC 71, 72, 73, and 74, advisory and consulting services only) None. Travel agencies and tour operators services (including tour managers1) (CPC 7471) None. Tourist guides services (CPC 7472) None. Manufacturing (CPC 884, and 885, advisory and consulting services only) None. ________________ 1 Service suppliers whose function is to accompany a tour group of a minimum of 10 natural persons, without acting as guides in specific locations. EU/CL/ITA/Annex 12/en 39 ANNEX 12-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 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 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; EU/CL/ITA/Annex 12/en 40 (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. EU/CL/ITA/Annex 12/en 41 2. The following additional procedural commitments apply to intra-corporate transferees and their family members1: (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 European Union shall extend to family members of natural persons of Chile who are intracorporate transferees to the European Union the right of temporary entry and stay granted to family members of an intra-corporate transferee under Article 19 of the ICT Directive; 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"). EU/CL/ITA/Annex 12/en 42 (d) Chile shall grant to family members of natural persons of the European Union 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 this Agreement or the general immigration rules, for their own visa as nondependent; 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 31. ________________ EU/CL/ITA/Annex 31/en 1 ANNEX 31-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 31. EU/CL/ITA/Annex 31/en 2 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 European Union, 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. EU/CL/ITA/Annex 31/en 3 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 31.6 a panellist or a chairperson is selected by lot, the co-chair of the Trade 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 Trade 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 Trade 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 31.6(2), if any of the sub-lists referred to in Article 31.8(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 EU/CL/ITA/Annex 31/en 4 (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 31.6(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. EU/CL/ITA/Annex 31/en 5 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 31 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. EU/CL/ITA/Annex 31/en 6 17. If a procedural question arises that is not covered by Chapter 31, this Annex or Annex 31-B, the panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with the provisions of Chapter 31, this Annex or Annex 31-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 31 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 31-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 31-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 31.6. EU/CL/ITA/Annex 31/en 7 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 31-B, the panellist shall be removed and replaced by a new panellist selected in accordance with Article 31.6. 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 sublist of chairpersons established pursuant to subparagraph (c) of Article 31.8(1). The co-chair of the Trade 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 31-B, a new chairperson shall be selected in accordance with Article 31.6. 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. EU/CL/ITA/Annex 31/en 8 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 European Union. 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; EU/CL/ITA/Annex 31/en 9 (d) interpreters, translators and stenographers of the panel; and (e) experts, as decided by the panel pursuant to Article 31.22(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. EU/CL/ITA/Annex 31/en 10 (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. EU/CL/ITA/Annex 31/en 11 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. EU/CL/ITA/Annex 31/en 12 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. EU/CL/ITA/Annex 31/en 13 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 31.12, 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 31.4, 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. EU/CL/ITA/Annex 31/en 14 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 31.15 to 31.18 for the adoption of a report or decision by the panel in the proceedings under those Articles. ________________ EU/CL/ITA/Annex 31/en 15 ANNEX 31-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 31.8 and who is under consideration for selection as a panellist pursuant to Article 31.6. EU/CL/ITA/Annex 31/en 16 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. EU/CL/ITA/Annex 31/en 17 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 31.6 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. EU/CL/ITA/Annex 31/en 18 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 Trade 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. EU/CL/ITA/Annex 31/en 19 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 31. 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. EU/CL/ITA/Annex 31/en 20